Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. In addition, HCD received comments with many meaningful suggestions. HCD encourages the City to consider these comments.
S
everal federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
W
e are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected] .
S
incerely,
P
aul McDougall
Enc
losure
Senior Program Manager
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City of Lake Forest’s 6th Cycle Adopted Housing Element Page 1 March 7, 2022
APPENDIX
CITY OF LAKE FOREST
The following changes are necessary to bring the Lake Forest housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml .
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Disproportionate Housing Needs: While the element includes some data on cost burdened, overcrowded, and substandard housing conditions, it must still analyze patterns and trends on a local (neighborhood to neighborhood comparison) and regional basis (city to region comparison) and discuss coincidence with other components of the assessment of fair housing (e.g., disparities in access to opportunity and segregation and integration).
Sites Inventory: As stated in the previous review, the element must examine whether sites improve or exacerbate fair housing conditions. Please see HCD’s prior review and Affirmatively Furthering Fair Housing (AFFH) Guidebook (pp. 45-49) for more information.
Goals, Actions, and Metrics: While the element has identified fair housing issues and includes a table on pg. BR-190 linking contributing factors to fair housing issues, programs do not demonstrate how actions address a fair housing issue or do not include metrics that target fair housing concerns. The element must add metrics to target meaningful fair housing outcomes in the planning period.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Suitability of Nonvacant Sites: While the element has provided information related to a variety of factors including market trends related to retail and the discontinuation of office uses, it must still support the analysis with development trends. The element could include a listing of recent projects that have been redeveloped and relate these examples to the sites identified in the inventory. In addition, the element adds analysis of factors Item: 11
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City of Lake Forest’s 6th Cycle Adopted Housing Element Page 2 March 7, 2022
considered when determining sites suitable for development in each of the four focus areas (El Toro Rd, Lake Forest, Light Industrial, and Foothill Towne Center) and provide information on a site-specific basis for most sites in the inventory. However, sites 58 through 75 are not included in the Suitability of Nonvacant Sites table nor are they included in the street view because they are designated to meet the moderate and above moderate-income RHNA. To demonstrate the suitability of nonvacant sites to accommodate the RHNA, the nonvacant sites analysis is required for all sites regardless of regional housing need allocation (RHNA) income groups (e.g., lower, moderate and above-moderate income).
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Constraints on Housing for Persons with Disabilities:
• Residential Care Facilities for Seven or More Persons: As mentioned in HCD’s prior review, residential care facilities or group homes for seven or more persons appears to be excluded from several zones allowing residential uses and subject to a use permit in the A-1 zone. Zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. The element should also discuss any spacing requirements between group homes. The element should evaluate these requirements as constraints and include programs to address constraints.
• Reasonable Accommodation: While the element now includes the process for requesting reasonable accommodation, the element must analyze the process and findings for constraints on housing for persons with disabilities. For example, the process requires the requestor to “provide a letter specifying the request and an explanation of how the request will provide reasonable accommodation in the application of the City’s zoning laws”, and findings number #3 and #7 seem to be contrary to the latest federal and state guidance on reasonable accommodations.
Housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred forms or procedures for making such requests. In addition, California Code of regulations section 12176 (c) provides that it is a discriminatory housing practice for any person to refuse to make reasonable accommodations unless providing the requested accommodation would constitute an undue financial and administrative burden or a fundamental alteration of its program, or if allowing an accommodation would constitute a direct threat to the health and safety of others (i.e. a significant risk of bodily harm) or would cause substantial physical damage to the property of others, as defined in subsection 12179(b) or 12185(d)(9)”. The City must evaluate its reasonable accommodation procedure for compliance with fair housing laws, ensuring that the procedure does Item: 11
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City of Lake Forest’s 6th Cycle Adopted Housing Element Page 3 March 7, 2022
not pose a constraint to the housing for persons with disabilities, and include programs to mitigate or remove constraints identified.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised, as follows:
Program 1 (Land Use Policy, Entitlements, and Development Capacity (Shortfall Program): While the element now includes Program 1, which commits the City to completing rezoning of sites identified to accommodate the RHNA, it must clearly commit to meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example, the element must specifically commit to require minimum density of 20 units per acre. In addition, the Program must commit to rezone at least 50 percent of the lower-income RHNA on sites designated for residential use only or if more that 50 percent of the lower-income need is to be accommodated on sites zoned for mixed uses, those sites allow 100 percent residential use and require residential use occupy 50 percent of the total floor area of a mixed-use project.
Program 8 (Accessory Dwelling Units (ADUs)): While the program amends the ADU ordinance and other activities, it still must also monitor ADU production and affordability throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. Additionally, the Program should list the types of incentives the City is considering to facilitate the production of ADUs.
2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
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City of Lake Forest’s 6th Cycle Adopted Housing Element Page 4 March 7, 2022
As noted in Finding A3 the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
Program 24 (Neighborhood Improvement Task Force): While the element has included a program to implement place-based strategies for census tracts in the Southwest area of the City, HCD has received comments that this program’s actions – traffic, lighting, parking, noise, crime, homelessness, infrastructure repairs, property maintenance, disposal of bulky items, street sweeping, trash, beautification – may contribute to additional displacement risk and could be seen as fair housing issue itself. Per our conversation, the City indicated that they conducted a Neighborhood Improvement Needs Assessment. The element should discuss if this program was analyzed as part of this study. Additionally, the city could consider incorporating other recommendations from this study into this program.
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ATTACHMENT 6
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Program 1: Land Use Policy, Entitlements, and Development Capacity (Shortfall Program) Planning and regulatory actions to achieve adequate housing sites are implemented through the Land Use Element, Zoning Code, and, in some instances, deve lopment agreements. These regulatory documents provide for a variety of residential developm ent, ranging from lower-density single-family homes to higher-density apartments, condominiums, and mixed-use projects.
The City of Lake Forest received a RHNA allocation of 3,236 units for the 2021-2029 RHNA period. After credits for constructed units (461) and approved/entitled units (976) are taken into consideration, the City of Lake Forest has a remaining 2021-2029 RHNA of 1,847 units, includ ing 848 extremely/very lo w-income, 447 low-income, and 552 moderate-income units.
While the City adopted its new General Plan in 2040 which establishes new mixed-use focus areas which designate sufficient sites to accommodate the City’s remaining RHNA, the City has not yet adopted new zoning standards to implement the land use designations. Without the zoning in place, the City finds that it currently has a shortfall of sites to accommodate it s remaining RHNA and must commit to a program to rezone sufficient sites to accommodate its RHNA for all income levels. The City is committed to rezoning all necessary parcels to create consistency with the General Plan Land Use Map, and is specifically committed, through this program, to complete the rezoning for all sites identified in Appendix A (Site Inventory) in accordance with the acreages, densities, and unit capacities identified therein. The new Zoning Map will be made available online and in person in accordance with transparency requirements. Sites will be rezone d consistent with Government Code Section 65583, subdivision (c)(1) and 65583.2 subdivisions (h) and (i). The rezone will accommodate 100 percent of the shortfall during the planning period and will include the following components. • Permit owner-occupied and rental multifamily uses by right and do not require a conditional use permit or other discretionary review or approval for developm ents in which 20 percent or more of the units are affordable to lower income households.
• Permit the development of at least 16 units per site and a minimum of 20 dwelling units per acre for suburban and metropolitan jurisdictions;
• For sites designated for mixed-use, allow 100 percen t residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project; • Ensure sites will be available for development during the planning period where water and sewer can be provided.
The residential sites inventory consists of approximately 159 acres of land designated in mixed-use areas which allow for residential development at densities beyond 30 du/ac, with the potential to yield at least 2,965 new units.
These sites are located in areas adjacent to major transportation facilities and activity centers; the co-location of attainable/affordable housing choices near transportation facilities and goods and services will improve access to opportunity for all persons, especially lower income households and persons with special needs, including persons with disabilities.
The City has also identified 34.55 acres of underdeveloped residential uses (two sites) that could yield an additional Item: 11
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382 units affordable to moderate and above moderate in come households. Also construction of new accessory dwelling units (ADUs) will also add to the City’s housing stock. Together, these resources have the capacity to accommodate at least 3,378 new units affordable to a ll income levels. These sites can accommodate the City’s remaining RHNA allocation for all income levels through year 2029. The City will maintain an inventory of sites with residential development potential and provide it to prospective residential developers upon request.
Responsible Agencies: Community Development Department
Funding Sources: General Fund
2021-2029 Objectives: Maintain and monitor the resi dential sites inventory to ensure sufficient sites remain to accommodate the RHNA allo cation throughout the RHNA period.
Receive and process development applications for residential projects.
Rezone all sites identified in Appendix A consistent with the densities, acreages, and capacity levels identified in Appendix A. Complete all rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Timeframe: Complete all necessary rezoning by October 15, 2022; Annual monitoring and reporting throughout the planning period.
Fair Housing Issues
Addressed:
Segregation and Integration; Disparities in Access to Opportunity; Racially and Ethnically Concentrated Areas of Pove rty/Affluence; Disparities in Access to Opportunity for Persons with Disabilitie s; Disproportionate Housing Needs, including Displacement Risks; Site Inventory
Contributing Factors
Addressed:
Community Opposition; Lack of Community Revitalization Strategies; Lack of Private Investment in Specific Neighborhoods; Land Use and Zoning Laws; Location and Type of Affo rdable Housing; Impediments to Mobility; Lack of Opportunity Due to High Housing Costs; Access to Transportation for Persons with Disabilities; Availability of Affordable Units in a Range of Sizes; Location of Employers
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Program 7: Zoning Code Amendments – Housing Constraints The City shall update the Zoning Code to remove co nstraints to housing develo pment and ensure the City’s standards and permitting requirements are consistent with State law. The update shall address the following:
A. Mixed-Use Standards. The Zoning Code shall be updated to address standards related to mixed-use development at densities and intens ities consistent with the Mixed-Us e land use designations adopted as part of the City’s comprehensive General Plan Update approved in 2020. This process is anticipated to be completed by the end of 2022. See Program 1 (Shortfall Program) for more information.
B. Low Barrier Navigation Centers : The Zoning Code shall be updated to define and permit low-barrier navigation centers consistent with the requirements of Govern ment Code Sections 65660 through 65668, including treating low-barrier navigation cent ers as a by-right use in areas zoned for mixed use and in nonresidential zones permitting multi-family uses (if applicable).
C. Transitional and Supportive Housing : The Zoning Code shall be revised as necessary to ensure that transitional and supportive housing are allowed in residential and mixed-use zones in accordance with Government Code Section 65583(c)(3), and to allow eligible supporti ve housing in zones where multi- family and mixed uses are permitted in accordan ce with Government Code Sections 65650 through 65656.
D. Employee Housing and Agricultural Worker Housing : The Zoning Code will be updated to comply with Health and Safety Code Sections 17021.5, .6, .8. Speci fically, the City will only refer to it as employee housing and not make a distinction between agricultural versus employee housing types.
E. Streamlined and Ministerial Review for Eligible Affordable Housing Projects : The Zoning Code will be updated to ensure that eligible mu lti-family projects with an affordable housing component are provided streamlined review and are subject only to objective design standards consistent with relevant provisions of SB 35 and SB 330, as provided for by applicable sections of the Government Code, including but not limited to Sections 65905.5, 65913.4, 65940, 65941.1, 65950, and 66300. State law defines objective design standards as those that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official prior to submittal.” F. Emergency Shelter Parking : The Zoning Code will be updated to require sufficient parking to accommodate all staff working in an emergency shelter, provided that the standards will not require more parking for emergency shelters than other residential or commercial uses within the same zone, in compliance with AB 139.
G. Residential Care Facilities . The Zoning Code will be updated to re move references to residential care facilities in order to promote a barrier-free definition of family.
H. Reasonable Accommodation. The municipal code will be amended to ensure that the city’s reasonable- accommodation procedures and findin gs comply with state and federal fair-housing and disability laws and do not pose an illegal constraint on housing for persons with disabilities. The amendments will change the city’s “grounds for accommodation” findings to focus on the statutory criteria. Additionally, the city will Item: 11
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make express the city’s existing practice of allo wing persons to make a request for accommodations orally (not only in writing) and of making staff is available to a ssist in preparing necessary written documentation to facilitate a request. Finally, the city will relocate the reasonable-accommodation section of the municipal code out of Title 9, Planning and Zoning, to a more generally applicable location in the code to make clear that the process applies to governmental programs besides just planning and zoning requirements.
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Program 8: Accessory Dwelling Units
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) help meet the City’s housing needs for all income levels and also provide a housing resource for seniors, students, and low- and moderate-income households throughout the entire Lake Forest community, not just in any single geographic area. The City will continue to apply Zoning Code regulations that allow ADUs and JADUs (also known as second units or granny flats) by right in all residential zones, in accordance with State law. The City of Lake Forest will amend the ordinance as necessary to comply with current State Law. Based on future changes to State law, the City will continue to amend the ordinance as necessary and work with HCD to ensure continued compliance with State Law. The City will also continue to monitor trends regarding the extent of ADU production to ensure that the Housing Element goals can be met.
While the City will continue to promot e the opportunity for residents to de velop ADUs throughout Lake Forest consistent with Section 9. 146.050 of the Lake Forest Municipal Code, the City is focused on promoting the development of ADUs that are affordable to lower income and moderate income households, and the development of ADUs in areas of opportunity as described in the Affi rmatively Furthering Fair Housing section of the Housing Element Background Report. To the extent feasible, the City will survey ADU owners/builders to determine if they will be affordable to lower- or moderate-income households. The City will ask ADU applicants to voluntarily share the unit’s intended rental rate (if applicable) to track the supply of affordable ADUs in the City. As part of the City’s Housing Element Annual Progress Report preparation, the City will monitor ADU production and affordability against those projections identified in the Housing Element; if pr oduction is not keeping pace with projections so much that a shortfall of sites to accommodate the City’s RHNA will occur, the City will, within 6 months, identify alternatives sites to maintain adequate capacity to accommodate the City’s remaining RHNA at all income levels.
Additionally, by the end of 2023, the City will identify and evaluate potential incenti ves (if any) to encourage production of affordable ADUs, particularly in high resource areas (as described in the Affirmatively Furthering Fair Housing section of the Housing Element Background Report), and present potential strategies to implement those incentives to the Planning Commission and/or City Council during the planning period. The City is considering the following incentives to facilitate production of ADUs:
• streamline the ADU permitting process
• provide clear step-by-step guide(s) to build an AD U (we have already created/provide a guide to the regulations; also make HCD’s guide available)
• provide staff support in the form of no cost consul tation meetings (e.g., free one-hour meeting with Planning staff to review Code, guides; Q&A).
• make available ADU cost estimate calculator (in partnership with OCCOG’s grant-funded effort) • make available ADU standard plans (in partnership with OCCOG’s grant-funded effort) • make available a list of contractors specializing in ADU construction (OCCOG may be working on such a list)
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The City will prepare ne w ADU factsheets (in English and Spanish) and provide hard copies at City Hall and community facilities and share electronic versions on City social media accounts by June of 2022. Upon request, the City will provide homeowner associations (HOAs) and other civic organizations with guidance to assist with the development of ADUs and work proactively to educate the community regarding the role ADUs play in providing affordable housing options and affirmatively furthering fair housing. The City has set a target of briefing at least one HOA or civic organization on the City’s ADU ordinance per year.
Responsible Agencies: Community Development Department
Funding Sources: General Fund
2021-2029 Objectives: Maintain an ADU Ordinance consiste nt with State Law. Support the development of accessory dwelling uni ts in neighborhood s throughout the City.
Timeframe: Update the City’s current ADU ordinance by October 15, 2022 to comply with current State Law. Survey ADU owners/builders to determine affordability and update ADU application to inquire about affordability level: 2021-2022; identify and evaluate potential incentives to encourage production of affordable ADUs:
2022-2023; and present findings to th e City’s Planning Commission and/or City Council: 2023; implementation and annual reporting throughout the RHNA period through the Housing Element Annual Progress Report: continuous.
Prepare and distribute bilingual ADU factsheet by June of 2022. Invite all HOAs and relevant civic organization to meet annually to discuss the City’s ADU ordinance.
Fair Housing Issues
Addressed:
Segregation and Integration; Racially and Ethnically Concentrated Areas of Poverty/Affluence; Disparities in Access to Opportunity Contributing Factors
Addressed:
Availability of Affordable Units in a Range of Sizes; Displacement of Residents Due to Economic Pressures; Lack of Access to Opportunity Due to High Housing Costs; Location and Type of Affordable Housing
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Program 24: Neighborhood Improvement Task Force
The City of Lake Forest has created a new Neighbor hood Improvement Task Force (NITF) to address neighborhood-specific issues in the community’s older residential neighborhoods The NITF is an interdepartmental partnership composed of City representatives from the City Manager’s Office, Community Development, Economic Development, Public Works, Police Services, and Management Services led out of the City Manager’s Office.
Programs recommended by the NITF will be a key tool t he City will use to address fair housing issues and affirmatively further fair housing. For example, the City expects to host a workshop to attract developers and work with the Fair Housing representatives and residents of study areas to inform them of their rights under State law.
As analyzed in the Affirmatively Furthering Fair Housin g section of the Housing Element Background Report, the City has identified the area of Southwest Lake Forest as an area in need of focused attention and investment.
These findings are consistent with the City’s ongoing work to improve existing neighborhoods in Lake Forest, to maintain the quality of the City’s existing housing stock, support current residents, and address several fair housing issues and contributing factors, including access to o pportunity, displacement of residents due to economic pressures, and community opposition (s ee the discussion on Fair Housing Issues and Contributing Factors in Section 6 of the Background Report). Additionally. the City conducts a satisf action survey every two years. In 2021, the residents in the sout hwest area (Area 2) of Lake Forest were less likely than their counterparts to rank their quality of life as excellent, citing problems related to parking, traffic and noise, among other concerns such as property maintenance. The subject area includes the boundaries of Muirlands Boulevard, El Toro Road, Cavanaugh Road, and Rockfield Boulevard and encompa sses 169 single-family homes, 101 multi-family units and 175 businesses. A future affordable housing project, located at the corner of Raymond Way and Packer Place, will have 71 affordable housing units, including eight units that will be reserved for individuals and families who are experiencing or at-risk of homelessness. This project is currently under construction and is anticipated to be complete early 2024.
To assist the task force with the analysis of the subject neighborhood, Communications LAB was engaged in September 2021 to conduct community outreach with stakeholders, to all residents and businesses, and perform a focused assessment of the project area, and provide a final Southwest Lake Forest Neighborhood Improvement Needs Assessment (“Needs Assessment”). The outreach included English and Spanish online survey, door-to- door canvassing, and a community pop-event event located centrally in the project area. The Needs Assessment is the resulting study documenting quality of life issues impacting the subject neighborhood and providing key recommendations for NITF review and action.
The Needs Assessment for Southwest Lake Forest includ ed conducting an initial communications assessment and audit of the City’s existing communications, community ascertainment studies, and translating the collected data into actionable public polic y recommendations. The Needs Assessment documents quality of life issues impacting the neighborhood and provides key recommend ations for the NITF’s review and action. At the conclusion of the evaluation team’s assessments, they identified specific issues and areas in need of improvement.
These improvements included traffic, lighting, parking, noise, crime, issues related to homelessness, infrastructure repairs, property maintenance, disposal of bulky items, street sweeping, trash, beautification, and a need for parks within walking distance.
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In late 2021, the City’s consultant for the Neighborho od Improvement Needs Assessment prepared a draft of recommended improvements and programs based on the list of concerns identified for the project area. In January of 2022, staff will provide a presentation to the City Council as part of the City’s Strategic Plan update. This list will include the consultants recommendations and may ident ify specific programs from the recommended list to implement. While the exact recommendations are still under consideration, the City has committed $70,500 as part of the City’s two-year 2021-2023 Operating Budget to implement pr ograms and improvements serving the Southwest Lake Forest neighborhood.
The City intends to continue the program by working wi th the community and the NITF to identify other target neighborhoods which could benefit from a Neighborhood Improvement Needs Assessment. The City will identify a list of recommended improvements for each target neig hborhood for inclusion in the capital improvement plan (CIP) budget to address the unique needs of each of Lake Forest’s target neighborhoods.
As part of this process, the NITF will consider the contributing factors to fair housing issues identified in the Housing Element, the Orange County Analysis of Impediments to Fair Housing, and information from the City’s fair housing service providers. This information will be considered as part of the Council’s evaluation of recommended actions to ensure that those actions selected address the contri buting factors identified for Lake Forest and work to affirmatively further fair housing practices in the City.
Additionally, as part of the City’s Strategic Busine ss Plan covering Fiscal Years 2021-22 through 2027-28 (“Strategic Plan”), Strategic Plan go al #15 was set to initiate an Inte rdepartmental task force to address neighborhood concerns identified in the 2021 Communit y Satisfaction Survey. The City allocated $70,000 to evaluate the issues as noted in the Needs Assessment Study and implement improvements to the project area.
The Quarterly Strategic Plan Updates are prepared by City staff and reported to the City Council. As of the January 18, 2022, the goals were incorporated and were noted to be substantially underway in that (in part):
• Lighting has been budgeted in the FY 23-25 CIP for the project area parks. • Work orders have been initiated for red curb markings to deter vehicle parking at the end of the street. • Staff will provide community educat ion on the permit parking proce ss to interested communities – scheduled summer 2022.
• Code enforcement officers have assessed the noise generated at nearby shopping centers and issued notice of violations to address early morning noise issues. • Police services have increased patrol at specific locations. • Police services staff continue to provide information on etching services for catalytic converters. • Code enforcement has updated informational handou ts on common property maintenance issues and resources for distribution and posted on the City’s website. • Staff is working with the Fair Housing Council of Orange County to update the City’s existing FAQ handout on housing rights, discrimination, and protection and to provide resources for residents and property owners.
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• Implemented a bulky item pickup event in January 2022 and scheduled a second event in April 2022.
Another assessment will be performed in April.
• Regular quarterly meetings of t he NITF will be held to coordinate , combine resources, and alleviate ongoing issues.
In conclusion, the Needs Assessment was created in resp onse to local residents concerns and sets forth an action plan which has been funded with general fund monies. Action and implementation measures have been initiated and/or completed to date. The NITF will continue to meet quarterly and to take additional action and initiate future projects as needed. This plan has been solidified in the City’s Strategic Plan which incorporates the Needs Assessment recommendations and will further ensure achievement of the Strategic Plan goal.
Responsible Agencies: City Manager’s Office
Funding Sources: Grant Funding; General Fund
2021-2029 Objectives: Improve the Southwest Lake Forest neighborhood through implementation of the recommendations of the Neighborhood Improvement Plan.
Timeframe: Identification of improvements to im plement in 2022; implementation of improvements from 2022-2023; assessment of need for future neighborhood project by January 2023.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-70 TABLE 545444: ADU AND JADU DEVELOPMENT STANDARDS
Specific Regulations
ADU
JADU Additional
Provisions Attached Detached
Maximum Size
Building permit only: 800
sq. ft.
Building permit and ADU
Permit: 850 sf (0-1
bedroom)
1,000 sf (2 bedroom)
Building permit only:
800 sq. ft.
Building permit and
ADU Permit:
850 sf (0-1 bedroom)
1,000 sf (2 bedroom)
500 sf (1)
Maximum Height 16 ft (1 story)
35 ft (2 story) 16 ft (1 story) Same as primary
residence
Minimum Front Yard Setback
Building permit only: none
Building permit and ADU
Permit: 25 ft
Building permit only:
none
Building permit and
ADU Permit:25 ft
-- (2)
Minimum Side/Rear Yard Setback 4 ft 4 ft -- (2)
Minimum parking 1 space 1 space -- (3)(4)(5)(6)
Tandem Parking Perm itted Permitted --
Source: City of Lake Forest Zoning Code, 2021
1. An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50) percent of the floor area of the existing primary dwelling.
2. No setback is required for an ADU subject to this subsection (F) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
3. No parking is required under the following situations: the ADU is located within one-half (˝) mile walking distance of public transit; the ADU is located within an architecturally and historically significant historic district; the ADU is part of the proposed or existing primary residence or an accessory structure; when on-street parking permits are required but not offered to the occupant of the ADU; and/or, when there is an established car share vehicle stop located within one (1) block of the ADU.
4. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
5. Each unclosed parking space shall be at least nine (9) feet wide and eighteen (18) feet long.
6. Each parking space that is provided in an enclosed garage shall be at least ten (10) feet wide and twenty (20) feet long and have at least seven and one half (7 ˝) feet vertical clearance.
Manufactured Housing: State law requires that manufactured housing, when constructed as a single-family dwelling on a permanent foundation, be treated as a conventiona l single-family home subject to the same development standards applicable to a single-family residential dwelling on the same lot, except for architectural requirements limited to its roof overhang, roofing material, and siding material. In accordance with State law, manufactured housing in the City may be placed on lots that allow single-family residential uses provided that the homes are attached to a foundation system in compliance with all applicable building regulations and Section 18551 of the Health and Safety Code and occupied only as a residential use.
Mobile Home Park: Mobile home parks, including manufactured home parks, that conform to the State Mobile Home Parks Act (Division 13, Part 2.1 of the California Health and Safety Code, commencing with Section 18200) or the implementing State guidelines (Title 25, Division I, Chapter 2 of the California Code of Regulations) and Section 18300 of the Health and Safety Code, are allowed in the R2, R4, and RP residential zones but require a use permit.
The City of Lake Forest currently has four mobile home parks.
Residential Care Facility: Residential care facilities refer to any family home, group home, or rehabilitation facility that provides 24-hour non-medical care to persons in need of personal services, protecti on, supervision, assistance, guidance, or training essential for daily living. The City of Lake Forest Zoning Code refers to residential care facilities Item: 11
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-71 as “community care facilities.” “Small” community care facilities (those serving six or fewer clients) are permitted by right in all residential zones and in the A1 zone subject to the same development standards and permit processing requirements as other residential uses in those zone s, pursuant to the California Lanterman Developmental Disabilities Services Act. “Large” community care facilities (those serving seven or more clients) are permitted with a use permit in the Commercial, Urban Activity, and Agriculture (A1) zones. In order to implement a barrier-free definition of family, Program 7 states that the Zoning Code shall be revised to remove all references to residential care facilities.
In 2017, residential care facilities were separated out of residential zones and tr ansitory-lodging uses in residential districts were included in conformance with State law. Program 7 states that the Zoning Code shall be revised as necessary to ensure that transitional and supportive housing are allowed in residential and mixed-use zones subject to the same standards as a residence of the same type in the same zone consistent with Government Code Section 65583(c)(c)(3).
Farm Worker Housing : Although the City of Lake Fore st is not located with in a major agricultural area, the City’s Zoning Code includes two districts that allow agricultura l uses (A1 and OS). Pursuant to the California Employee Housing Act and consistent with Health and Safety Code Section 17021.6, facilities with up to 36 beds in a group- quarters or 12 units or spaces to board farm workers are treated as accessory or incidental to agriculture operation and permitted in the same manner as agricultural uses. The City permits Agriculture Employee Quarters in the A-1 and OS zones by right.
As included in Program 7 of the Housing Plan, the Zoning Code will be updated to define “agricultural worker housing” and to stipulate that any agricultural worker housing providing no more than 36 be ds in a group-quarters, or consisting of 12 or fewer units or spaces, shall be deem ed an agricultural land use and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. The Zoning Code will also be updated to provide for streamlined, ministerial approval of agricultural worker housing that meets the requirements of Health and Safety Code Section 17021.8.
As included in Program 7 of the Hous ing Plan, the Zoning Code will be up dated to define “employee housing” distinctly from “agricultural worker housing” and to clarify that employee housing serving six or fewer employees shall be deemed a single-family structure and shall be subject to the same standards for a single-family residence in the same zone.
Emergency Shelter: Emergency shelters are allowed by-right (i.e., ministerial approval) in the Industrial (I) zone, subject to compliance with objective standards consistent with the requirements identified in Government Code Section 65583(a)(4).
No emergency shelters are currently located within Lake Forest. While all of the City’s Industrial parcels are developed (consistent with all other areas of the City), there are vacancies within existing buildings, allowing for potential adaptive reuse of existing space. T hese parcels are infill sites in developed area s and are suitable for emergency shelters.
Water, sewer, and utilities are available in the roadways adjacent to these parcels.
The I zone is suitable for emergency shelters because:
• Shelters are compatible with a range of uses that are common in suburban communities and allowed in the I zone (e.g., office buildings, religious institutions, child or day care, commercial or vocational schools, warehousing, libraries, civic or government uses, etc.); • I zoned parcels are served by public bus routes that connect to regional transit with an average distance of
0.29 miles from each parcel to a bus stop;
• Existing uses in the I zone are primarily light industri al, warehousing, and office us es – no heavy industrial uses are present; and
• The parcels are not known to be constrained by the presence of hazardous materials either on or adjacent to the properties.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-78 • General Welfare. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
• Development Fees for Provision of Public Facilities. One (1) of the following findings shall be made:
o The property to which the permit applies is not located in a fee area. o The permit would not allow development of a project which would contribute to the need for the facility for which a fee is required.
• The project has been reviewed in accordance with City wide Design Guidelines and is consistent with the purpose and intent of the guidelines.
As previously stated, the City is cu rrently (2021) preparing ob jective design standards for by-right residential development, which will change the project review process. Please refer to the City for more information regarding the most current requirements.
TYPICAL TIMEFRAMES
Table 56Table 56Table 46 outlines the typical processing times for si ngle-family and multifamily projects with and without preparation of a robust environmental document.
TABLE 565646: TYPICAL PERMIT PROCESSING TIMES AND REVIEWING BODY Project Type
Processing Time without Negative
Declaration/EIR
Processing Time with Negative
Declaration/EIR
Single-Family Dwelling 3-6 weeks N/A
Multifamily (Four or Fewer Units) 1-3 months 9-18 months Multifamily (Five or More Units) 3-6 months 9-18 months Source: City of Lake Forest, 2021
The length of time between the project approval and request for a building permit is minimal. Specifically, there is a 15 day appeal period following approval of a discretionary permit. In certain circumstances, a “hold harmless” letter may be filed and an applicant may submit their building plans with the understan ding that fees may be lost if an appeal results in denial of the projectis filed.
Discretionary permits subject tothat require approv al by the Director of Community Development is approximatelytypically require 4-6 we eks for processing. Discretionary perm its subject to Planning Commission approval are processed in approximately 4-6 months.
Subdivisions
This review process applies to all residential land divisions within the City. Title 7 of the Lake Forest Municipal Code includes the standards and processes for subdivisions. It is based primarily on the State Subdivision Map Act. As it relates to residential development, the regulations apply to all land divisions that create lots for single-family homes and lots, or condominiums, for multifam ily development. As part of the revi ew process for subd ivisions, the City reviews applications for compliance with lot size and shape standards, the general layout of the subdivision, and infrastructure requirements. If the proj ect complies with the subdivision stan dards and General Plan density, the project can proceed through the approval process.
Reasonable Accommodation
The City’s process for providing reasonable accommodation allows individuals, or their representatives, to make requests for reasonable accommodations for persons with disabilities. Requests for reasonable accommodation are approved administratively unless the request also requires a permit or entitlement requiring Planning Commission or City Council approval. City staff is available to provide assistance regarding the processing of requests for the construction of accessory structures intended to accommodate persons with disabilities.
The City amended its Zoning Ordinance in 2007 to estab lish the process for requesting and granting reasonable accommodations for persons with disabilities. Requests for reasonable accommodation are subject to review and Item: 11
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-79 approval by the Director of Community Development. The Community Development Department provides assistance with applying for a reasonable accommodation to those who need it. The request must state the basis of the request, including the modification(s) or exception(s) to the regulations, standards or practices for the siting, development or use of housing or ho using related facilities that would eliminate regula tory barriers and provide an individual with a disability equal opportunity to housing of his or her choice.
Lake Forest’s reasonable accommodation procedure does not require a public hearing when the reasonable request is made on its own (if it was to be combined with entitlement, then a hearing would be required related to the entitlement request) and preserves privacy laws and fair housing laws. Only owners of abutting properties are notified of reasonable accommodation requests and approvals not subject to a public hearing. Lake Forest’s reasonable accommodation procedure complies with Housing Elemen t law and provides for disabled residents to make necessary changes to their properties.
The City’s reasonable accommodation process requires the requester to provide a letter specifying the request and an explanation of how the request will provide reasonable accomm odation in the applicatio n of the City’s zoning laws to afford a disabled person(s) an equal opportunity to use and enjoy a dwelling within the City. If the requester is unable to prepare a written request, the requester can ma ke an oral request to Staff and Staff will work with the requester to prepare the necessary written material. The City has and will continue to give appropriate consideration to reasonable accommodation requests even if the requeste r makes the request orally or does not use the City’s preferred forms or procedures. Depending on the nature of the request, plans may be required to clearly illustrate the request. The City does not charge a fee for a request for reasonable accommodation. Within 5 days of receipt of the letter and plans (if applicable) the City will notify the applicant if any additional information is necessary to complete the application.
A decision for a request for a reasonable accommodatio n will be determined by the Director of Community Development within 30 days of receipt of the application that was deemed complete. With the exception, that when the request is part of an entitlement requiring Planning Commission or City Council review, the request will be processed with the entitlement. A decision for a request for a reasonable accommodation must be approved if the request meets the following criteria:
1. The accommodation is reasonable, considering the nature of the applicant’s disability, the surrounding land uses, and the rule, standard, policy or practice from which relief is sought;
2. The accommodation is necessary to afford the applicant equal opportunity to enjoy and use a dwelling;
3. The accommodation will have only incidental economic or monet ary benefits to the applicant, and the primary purpose of the accommodation is not to assist with real estate speculation or excess profit-taking;
4. The accommodation does not create a substantial adve rse impact on surrounding land uses, or a public nuisance, that cannot be reasonably mitigated;
5. The accommodation is reasonably feasible, consider ing the physical attributes of the property and structures;
6. There are no alternative accommodations which may provide an equivalent level of benefit to the applicant, while minimizing adverse impacts on surrounding land uses and lessening the financial and/or administrative burden on the City;
7. In the case of a determination involving a one (1 ) family dwelling, whethe r the household would be considered a single housekeeping unit if it were not using special services that are required because of the disabilities of the residents;
8. The requested accommodation does not impose an und ue financial or administrative burden on the City; and
9. The requested accommodation does not require a fundamental alteration in the nature of a program. (Ord. 176 § 1, 2007)
The City has evaluated its reasonable accommodate proc edure for compliance with fair housing laws and has Item: 11
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-80 included Program 7 to update its procedures to comply with fair housing laws and ensure that the procedure does not pose a constraint to the housing for persons with disabilities.
ENVIRONMENTAL REVIEW
The City has adopted procedures for complying with the requirements of the California Environmental Quality Act (CEQA), including assessing the potential environmental impacts of development applications determined to be a “project” as defined by Public Resources Code 21000- 21177. Environmental review is required for most discretionary actions including Use Pe rmits, Subdivision Maps, and legislat ive actions including General Plan amendments, zone changes, and code amendments. Enviro nmental review occurs while the application is being processed. An environmental determination by City st aff for a project is made to prepare the appropriate environmental document for consideration by the decision-making authority.
Certain classes of residential projects may be categorically exempt from the provisions of CEQA or require only an Initial Study and Negative Declaration. The environmental review of categorically exempt projects requires a minimal amount of time and does not pose a significant constraint to housing development.
In 2020, the City adopted a comprehensive update to its General Plan and certified a Program Environmental Impact Report (EIR) which analyzed the potential impacts associat ed with implementation of the General Plan Land Use Map. Environmental documents for projects which are consistent with the densities and intensities analyzed under the General Plan Program EIR may tier o ff the analysis included in the General Plan EIR, which could significantly reduce the time and costs associated with preparation of required environmental documents. By proactively planning to accommodate new residential development throughout the City and analyzing the potential impacts of such development as part of the Program EIR, the City has hel ped to streamline the environmental review and approval process.
STREAMLINING APPROVALS
Lower Income Sites Included in Previous Elements
While the Development Review process is not considered a constraint to housing, Policy 1.8 has been included to comply with Government Code 65583. 2. This program will allow by-right approval of hous ing developments proposed on non-vacant sites included in the previous ho using element inventory and on vacant sites included in the two previous housing element inventories, provided th at the proposed housing deve lopment includes at least 20 percent lower-income affordable ho using units. This will increase certain ty for affordable and multifamily developers related to residential sites throughout the community, as identified in Appendix A.
Senate Bill (SB) 35
SB 35 (Government Code Sections 65400 and 65582.1 prov ides provisions for streamlining projects based on a jurisdiction’s progress towards its RHNA allocation and timely submitta l of the Housing Element Annual Progress Report. Jurisdictions that ha ve made insufficient progre ss toward their above moderate-income RHNA allocation and/or have not submitted the latest Housing Element Annual Progress Report are subject to the streamlined ministerial approval process for proposed developments with at least 10% affordability.
HCD reviews the annual progress report deadlines and RHNA progress on an annual basis. Lake Forest is currently subject to SB 35 streamlining provisions when proposed developments include at least 50% affordability. Program 7 in the Housing Plan has been provided to incorporate the mandatory streamlining provisions into the City’s Zoning Code. These streamlining provisions will reduce approval requirements for projects that include a minimum of 50% of units affordable to lower income households and that meet the criteria specified by State law.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-103 Development Trends
In addition to the site characteristic s described above for mixed-use sites, the City has specifically considered six trends present in the region that have been identified as factors contributing to the likelihood of a site’s redevelopment. These factors, which are described below, are identified by their application to each site anticipated to accommodate a portion of the City’s lower-income RHNA in Appendix A. The factors include:
1. Oversupply of Retail
2. Discontinuation of Office Uses
3. Known Vacancies/Buildings for Rent or Sale
4. Opportunity for Infill Development
5. Expressed Interest from Property Owners/Developers
1.6. Unique Site Characteristics (Low Utilization/Blighted Conditions)
1. Oversupply of Retail
Local market trends were presented to the City council by the Kosmont Companies in May of 2021, in a presentation entitled “Resetting the Economic Development Table: Public and Private Investment Beyond COVID”. The presentation noted that store closures and e-commerce is driving changes at malls and retail centers and that retail downsizing is being replaced by new blended use, including residential.Lake Forest is “over-retailed” and the quality of existing retail centers continues to diminish. There is no evidence that co mmercial development will expand in Lake Forest; in fact, pressure to redevelop commercial prop erty into mixed-use or residential projects is extremely high. The City of Lake Forest has historically had two concentrations of commercial activity: the area adjacent to the Interstate 5 Freeway at El Toro Road and Lake Forest Drive and the Foothill Town center north of the Foothill Corridor State Highway 241. The El Toro Road corridor is flanked by large commercial centers that served as a hub of activity in the Saddleback Valley in the 1970’s and 80’s. In contrast, the Foothill Towne Center, north of the 241 includes a mix of big box retailers, in-line commercial tenants, movi e theatres and offices. The El Toro Road corridor must now compete with commercial centers on the south side of the I-5 Freeway, including a planned mixed-use site on a former regional mall in Laguna Hills and the Irvine Spectrum located 2 miles to the north along the I-5. Irvine Spectrum includes 1.2 million square feet of retail, restaurant and entertainment uses. Faced with this strong retail competition to the north and aging and dated commercial centers adjacent to the I-5 corridor, property owners have expressed strong interest in transitioning to residential and mixed-use projects.
On January 25, 2022 the OC Register published an article titled “Malls adding apartments to offset dwindling numbers of shoppers”, cataloging a series of at least 10 southern California malls which have plans to add residential development to their footprint. As described in the articl e, malls in southern California planning to add residential uses are following national trends w hereby at least 192 malls across the coun try have proposals to add housing.
Consumer preferences have shifted aw ay from traditional big-box retail environments to more experience-based shopping areas and online retail, a trend that has be en exacerbated by the COVID-19 pandemic. Regional development trends include the addition of residential uses to MainPlace Mall in Santa Ana, the mixture of residential and nonresidential uses at Huntington Beach’s Bella Terra and Glendale’s The Americana on Brand, and plans to develop residential uses at malls in Woodland Hills, Laguna Hills, Redondo Beach, and Studio City (among others).
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-104 The article lists the following apartments at southern California malls, included here to demonstrate the development trend and potential for the redevelopment of retail uses in the City of Lake Forest:
• Bella Terra, Huntington Beach: The mall has 467 units, built in 2013, according to CoStar. • The Americana on Brand, Glendale: Has 242 luxury units on the mall’s west side. • Village at Laguna Hills Mall: Owner Merlone Geier Partners is seeking city approval to build 1,200 to 1,500 apartments, plus a boutique hotel and 390,000 to 520,000 square feet of office space. • Promenade mall, Woodland Hills: Wo n city approval in December for a $1 billion project to build 1,432 apartments, a 28-story office tower, two hotels wi th 572 rooms, and a 10,00 0-seat entertainment and sports center.
• Baldwin Hills Crenshaw Plaza in South L.A.: New owner Harridge Development Group, which acquired the mall in August, is evaluating a new redevelopment plan that will include “some sort of residential,” a company official said.
• South Bay Galleria, Redondo Beach: The first phase of a redevelopment plan includes a 300-unit apartment building, plus a 150-room boutique hotel, 75,000 square feet of office space, a new plaza and a new open- air retail and dining area. Timing for construction of the apartments has yet to be determined, a spokesman said.
• Buena Park Mall: Merlone Geier Partners acquired the Sears building at the mall and is working with the city to develop a plan that will have a residential component, said Managing Partner Scott McPherson. The initial plan included 1,300 apartments and townhomes, “but that’s subject to change,” he said. • The Shops at Sportsman’s Lodge, Studio City: Developers transforming the iconic 1960s hotel into a retail center announced in August they plan to raze the last remnants of the hotel and build a mixed-use housing development with 520 apartments units.
• NoHo West, North Hollywood: Apartment developer Tr ammell Crow plans to build 642 apartments on a part of the parking lot in the mall’s northeast corner it acquired from mall owner Merlone Geier Partners. • Santa Monica’s Third Street Promenade: A plan deve loped last year encourages the city to consider rezoning parts of the retail district for housing and hotels among other strategies to revitalize an area that’s seeing rising vacancies in the face of online shopping and the pandemic, according to online news reports.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-105
2. Discontinuation of Office Uses
The City finds that the COVID-19 pandemic will have a real impact on commercial real estate and that office use will decline in demand as businesses maintain a long-term work from home option. A Cushman & Wakefield Orange County market report prepared for the Orange County market indicates office vacancies have been on the rise over the past year and are presently at 15.9% (Cushman & Wakefield, Marketbeat OC Office, Q2 2021).
In Lake Forest, the redevelopment of an underutilized office property into an affordable housing project (Mountain View) demonstrates that the market is ready to take advantage of the opportunity to repurpose sites in Lake Forest for residential uses, including affordable housing. The Mo untain View Affordable Housing Community is a 71-unit apartment complex located at 24551 Raymond Way, near the northeast corner of El Toro Road and Raymond Way.
The project will provide housing for low-income households . It is being developed by National Core Renaissance, an affordable housing developer. Mountain View is within walking distance of schools, grocery stores, and retail.
Residents of Mountain View will have access to onsite amenities such as laun dry facilities, a beautiful courtyard featuring outdoor fireplaces, leisure areas, and a playground. A community center will serve as the hub for activities and services for residents and the neighborhood at large. Onsite programming will be offered by the Hope through Housing Foundation, providing services that give resident s the resources and support they need to thrive. High- quality wraparound supportive servi ces will be offered onsite to reside nts who have previously experienced homelessness and will be overseen by Hope through Housing’s services coordinator.
There are other regional trends of the demolition of office uses for residential development. For example, the City of Newport Beach recently approved a new apartment project in the Airport Area which will include the demolition of an existing 33,000 square foot office building to allow for the development of nearly 200 new rental units, including affordable units.
3. Known Vacancies/Buildings for Rent or Sale
The City has conducted an inquiry to identify vacancies and buildings for rent or sale in Lake Forest that are included in Appendix A. Many of the sites identified in the inventor y have vacancies, and in some cases, the entire site is unoccupied (as of December 2021). These sites are particular ly well-suited for redevelopment because property owners are incentivized to think about the highest and best us e of their property to maximize profit in the face of vacancies.
4. Opportunity for Infill Development
The retail areas in Foothill To wne Center, which are dominated by big-box retailers and abundant surface parking, have been impacted by changing consum er preferences in shopping with the explosion of e-commerce facilities.
According to a report from CBRE Group, e-commerce will account for 26% of all retail sales in the US by 2025. The Towne Center area also includes an auto mall, with only one dealer left in operation. Two dealerships closed in the 2000’s and were replaced with 219 units of medium density residential uses. At this lo cation, the City anticipates that existing retail uses can and will stay, and new residential development can be accommodated at the location without demolishing existing uses. This pattern is seen at Laguna Hills Mall where new residential development will be introduced at an aging mall, revitalizing the project area for residential and nonresidential tenants.
This trend reinforces the oversupply of retail trend describe s earlier, including the range of residential development projects at southern California malls. These projects re present the development of infill residential uses at underutilized/underperforming retail centers. As described previously, this trend can be seen in nearly a dozen southern California communities, including in Orange County, as well as nearly 200 mall sites throughout the country.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-106
5. Expressed Interest from Property Owners/Developers
The City regularly receives inquiries from the development community regarding opportunities in the El Toro and Lake Forest Focus Areas. Of note, the new owner of a 9-story office building and surrounding fast food uses has met with the City and informed staff that that the lease of the tenant of the office building will expire in 2024. The owner has engaged a design team and prepared preliminary concepts for the development of office and residential on the entire property holding. Sites where developers and/or property owners have expresse d interest in developing residential uses in the site are identified in Appendix A.
6. Unique Site Characteristics (Low Utilization/Blighted Conditions) Lastly, the City has visually inspected each site to determine if the existing uses represent a reasonable utilization of the site based on similar financially successful projects /centers in the region or if there are unique visual characteristics that would indicate the site is not well-maintained and proper ty owners may be interested in selling the property for a higher return. In particular, the City cons idered the site’s existing parking configuration (including whether the parking lots appear regularly occupied), ingress/egress issues, the visual condition of the building and landscaping (whether or not it’s in need of repair), and other factors present through a visual inspection. Given the oversupply of retail and availability of retail options in the City and region, marginal uses and buildings are not expected to continue remaining competitive and their corresponding property value is likely higher with the option to develop residential uses on the site.
In 2021, the City of Lake Forest approved the redevelo pment of the Nakase property, a 125-acre former nursery site, to allow for the development of up to 605 homes and associated public facilities and services. This development opportunity represented a significantly underutilized site in the City of Lake Forest and is an example of how an underutilized site can be redeveloped for residential uses.
In Lake Forest, industrial uses also represent some of the City’s most underutilized property. The Opportunities Study is a comprehensive planning process that the City of La ke Forest undertook to rezone nearly 838 acres of land zoned for business and industrial use on 5 properties in Lake Forest. The zoning changes allow for a new plan with residential uses and facilities such as a sports park and community / civic center. As part of the Opportunities Study process, the City allowed for residential development at areas that were developed with industrial uses; market demand resulted in the redevelopment of these areas into the communities of Baker Ranch, Portola Center, Serrano Summit, the Pinnacle, and Whisler Ranch. Through the General Plan Update process, the City identified additional areas (namely in the Civic Center) where industrial uses currently exist but where residential uses are now allowed, similar to the process of redesignating sites via the Opportunities Study.
Suitability of Nonvacant Sites Findings
The City has specifically analyzed whether existing uses cons titute an impediment for residential uses on the site.
Additional information provided in Appendix A demonstr ates that existing uses on the sites identified to accommodate a portion of the City’s RHNA do not constitute an impediment for residential uses on the site .
Additional information regarding current operations and tena nts, vacancies, properties listed for rent or sale, the demand for the current use, and contact with property/business owners are included. The City has considered each site individually and has concluded that based on the substantial evidence provided, current uses are not an impediment to the sites redevelopment for residential uses.
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Suitability of Nonvacant Sites | City of Lake Forest 6th Cycle RHNA Oversupply
of Retail
Discontinuation
of Office (Work
from Home)
Vacancies/For
Rent/For Sale
Opportunity for
Infill (Keep Existing
Uses)
Expressed Property
Owner Interest
Site Characteristics
(Low Utilization/
Blighted)
23861 EL TORO RD 1 617 ‐053‐09
Commercial use, 7‐story multi‐tenant office building. Saddleback Executive Suites. Former Chase Bank on bottom floor (listed as "permanently closed" on Google) with suites above. Street access from El Toro Road and driveway to back entrance and large parking lot. Not currently listed for lease or sale on Loopnet. https://www.loopnet.com/Listing/23861‐El‐Toro‐Rd‐Lake‐Forest‐CA/11282809/. Large angled parking lot. Likely, but unconfirmed Moderate XXX X
23862 BRIDGER RD 2 617 ‐053‐10
Commercial use, 1 story restaurant/bar (occupied by The Pub) and parking lot. Connected to fast‐food (Arby's) with a drive‐thru. Small enclosed outside patio. Small/Medium parking lot as part of a larger parking lot (connects to 23861 El Toro Rd) Low
X X
23861 EL TORO RD 3 617 ‐053‐02 Parking lot and drive‐thru ATM (Chase). Angled parking used for 23861 El Toro Rd Moderate XXX 23782 BRIDGER RD 4 617 ‐053‐03
Commercial/light industrial use, 1 story nursery (Green Thumb Nursery). Small building footprint, larger storage and dirt/gravel plant area with plants for sale, pallets/soil/groundcover and loading/unloading area. 2 in/out driveways along Bridger Rd and 1 loading/unloading driveway. No sidewalk along Bridger Rd (paved sidewalk north and south of site terminates Low
X X
23831 EL TORO RD 5 617 ‐053‐11
Multi‐tenant commercial use shopping mall and parking lot. Lake Forest Marketplace shopping center. Big box retailers (99 Cent Store, Guitar Center, Harbor Freight), Bank of America, smaller restaurants & retail (T‐ shirts Plus, Cigar Bar, etc.). Large parking lot with multiple access driveways, parking aisles, a Del Taco drive‐ thru. Three (3) units for lease (16,838 SF of retail at 23783‐23811 El Toro Rd) ‐ https://www.loopnet.com/Listing/23783‐23811‐El‐Toro‐Rd‐Lake‐Forest‐CA/18001783/ Three units for lease Low XX X
MERCURY RD & ROCKFIELD BLVD 6 617 ‐474‐16
Commercial use and medium/large parking lot. 1 story retail chains (Turner's Outdoorsman and Boot Barn).
Part of Rockfield Place shopping mall (along with Map Reference 7). Borders I‐5 freeway on western side.
Medium/large 90‐degree parking lot looks underutilized Low XX X
23764 MERCURY RD 7 617 ‐474‐10
Commercial use and parking lot (Rockfield Showplace). 1 story retail (Salvation Army, restaurant, Leslie's Pool Supplies, massage, dentist) in a strip‐mall setting with medium/large 90‐degree parking lot, lot looks underutilized. Part of Rockfield Place shopping Mall (along with Map Reference 6). One (1) unit for lease (1,792 SF of retail at 23804) https://www.loopnet.com/Listing/23762‐23822‐Mercury‐Rd‐Lake‐Forest‐ CA/12314921/ One unit for lease (23804) Low
XX
23591 ROCKFIELD BLVD 8 617 ‐431‐06
1‐story commercial use in strip‐mall setting. Rockfield Center. Enterprise Rent‐A‐Car and 5 other small retail/restaurants with a small 90‐degree parking lot with one aisle, two driveways (Rockefeller Blvd and Centre Dr). Slightly unkempt. Low
X X
23581 ROCKFIELD BLVD 9 617 ‐431‐07
Commercial/light industrial use car wash (Checkered Flag). Lots of pavement (loading/driveway/parking), enclosed automatic car wash and vacuums at parking stalls. Driveway shares entrance with Map Reference 8 (on Rockefeller Blvd) Low
X
22821 ASPAN ST 10 617 ‐433‐03
1‐story commercial with small office/retail uses (fitness studio, trophy engravers, physical therapy, salon).
Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. Driveway access from Aspan St. two (2) units for lease (5,000 sf of retail) https://www.loopnet.com/Listing/22821‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/11747867/. Shares parking lot with Map Reference 11
Two units for lease (ste 109
and 206) Low
XX X
22762 ASPAN ST 11 617 ‐433‐04
1‐story commercial with small office/retail uses (acupuncture, pawn shop). Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. Driveway access from Aspan St. Shares parking lot with Map Reference 10 See Map Reference 10 Low XX X
22771 CENTRE DR 12 617 ‐431‐02
1‐story commercial with one tenant, bowling alley (Forest Lanes) with large parking lot that appears to be severely underutilized Low XX
ASPAN ST & CENTRE DR 13 617 ‐433‐08
1‐story commercial with small office/retail uses (medical, real estate office, copy store, etc.). Part of Aspan Plaza neighborhood shopping center, medium size parking lot with multiple aisles, 90‐degree parking. one (1) unit for lease (500 sf of office/retail). https://www.loopnet.com/Listing/22706‐22762‐Aspan‐St‐Lake‐ Forest‐CA/12854621/ One unit for lease (ste 703b) Low
XX X X
22681 LAKE FOREST DR 14 617 ‐493‐01
1‐story, multi‐tenant commercial use shopping mall and large parking lot. Lake Forest Town Center. Retail big box (99 cent store) and chains (Pepboys, Wingstop, Jack in the Box with drive‐thru), with several smaller restaurant and retail uses. Six (6) units for lease (one large 6,225 sf that was former Mimi's Restaurant and five 1,000‐1,500 SF units) https://www.loopnet.com/Listing/22651‐22671‐Lake‐Forest‐Dr‐ Lake‐Forest‐CA/12017031/ 6 units for lease Low
XX X
22471 ASPAN ST 15 617 ‐491‐04 2 Story office building and parking lot. Aspan Office Center. Built in 1980s. Low X X 20780 LAKE FOREST DR C 16 613 ‐621‐16
1 story office/restaurant (Starbucks drive‐thru, veterinary, bakery, salon) and parking lot. One (1) unit for lease (1800 SF) https://www.loopnet.com/Listing/20770‐20780‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/12171787/ 1 unit for lease Moderate/Mixed XX X X 20768 LAKE FOREST DR 17 613 ‐621‐17 3 ‐story hotel use (Holiday Inn Express) and parking lot.
Low (Newer hotels
available) X
20761 LAKE FOREST DR 18 613 ‐622‐09 1 story retail/restaurant in strip‐mall setting Low X X 20722 LAKE FOREST DR 19 613 ‐621‐12 1 story self‐service car wash. 4 long loading driveways going into car wash bay. Parking and vacuums. Low X X 20702 LAKE FOREST DR 20 613 ‐621‐10 Multi ‐tenant 1 story restaurant/auto repair uses in horseshoe‐shaped, strip‐mall setting. Low X X 20652 LAKE FOREST DR 21 613 ‐621‐11 1 story restaurant (Wienerschnitzel) with drive‐thru and parking lot. Low X X 20651 LAKE FOREST DR 22 613 ‐623‐02
1 story multi‐tenant mini‐mall (Foothill Retail Center). Liquor store, deli, salon, preschool and parking lot.
Main suite appears vacant (dark windows, no signage).
Possibly, at least one unit
appears vacant Low XX X
20671 LAKE FOREST DR 23 613 ‐623‐01 1 story corner restaurant/medical uses. In same parking lot as Map reference Number 22. Low XX X 26672 TOWNE CENTRE DR 24 612 ‐093‐34 3 story office uses and parking lot Low X X 26642 TOWNE CENTRE DR 25 612 ‐093‐33 3 story office uses and parking lot Low X X 26632 TOWNE CENTRE DR 26 612 ‐093‐32 3 story office uses and parking lot. 3 office units for lease 3 units for lease Low XX X 26622 TOWNE CENTRE DR 27 612 ‐093‐26 1 story bank (Wells Fargo) (part of Foothill Ranch Towne Center, a large outdoor mall). Moderate XX 26612 TOWNE CENTRE DR 28 612 ‐093‐27 1 story multiple restaurants and large parking lot (part of Foothill Ranch Towne Center, a large outdoor Moderate X 26592 TOWNE CENTRE DR 29 612 ‐093‐25 1 story freestanding restaurant (Miguel's) (part of Foothill Ranch Towne Center, a large outdoor mall). Moderate X 26582 TOWNE CENTRE DR 30 612 ‐093‐16 1 story freestanding restaurant (Islands) (part of Foothill Ranch Towne Center, a large outdoor mall). Moderate X 26572 TOWNE CENTRE DR 31 612 ‐093‐30
1 story freestanding restaurant (vacant, used to be Souplantation). Part of Foothill Ranch Towne Center.
For lease, 7,500 SF. https://www.loopnet.com/Listing/26572‐Towne‐Centre‐Dr‐Foothill‐Ranch‐ Yes, vacant Moderate XX 26602 TOWNE CENTRE DR 32 612 ‐093‐13 Large 1 story cinema (Regal Cinemas) and parking lot (part of Foothill Ranch Towne Center) Moderate X 26526 TOWNE CENTRE DR 33 612 ‐093‐31 Large 1 story restaurant/entertainment (Chuck E Cheese) and parking lot. Moderate X 24288 SWARTZ DR 1 34 617 ‐501‐01
Large 1‐story, multi‐building, multi‐tenant retail/restaurant (Big 5 Sports, Tommy's, etc.) shopping mall and large parking lot. Built approx. 1980. Two (2) large (~6,000 SF) retail units for lease. https://www.loopnet.com/Listing/24280‐24400‐Swartz‐Dr‐Lake‐Forest‐CA/19523509/ 2 units for lease Low XX X
24392 ROCKFIELD BLVD 35 617 ‐501‐04
Large 1‐story, multi‐unit shopping mall (Sprouts, CVS, Ross) with smaller retail units (massage, clothing store, etc and parking lot. Low X X
23572 PROTHERO 36 617 ‐064‐18 Abandoned house with overgrown landscaping Low X Redevelopment Trends Present
Address Demand for
Current Use
Map
Reference APN Specific Description of Uses Known Vacancies/For Rent Item: 11
760
Oversupply
of Retail
Discontinuation
of Office (Work
from Home)
Vacancies/For
Rent/For Sale
Opportunity for
Infill (Keep Existing
Uses)
Expressed Property
Owner Interest
Site Characteristics
(Low Utilization/
Blighted)
Redevelopment Trends Present
Address Demand for
Current Use
Map
Reference APN Specific Description of Uses Known Vacancies/For Rent 23139 LOS ALISOS BLVD 37 613 ‐351‐05 Saddleback Ranch Apartments developed with 304 units Moderate XX 22722 CENTRE DR 38 617 ‐432‐03
1‐story commercial use in a strip mall setting. One larger banquet hall and 4 smaller retail/office (Avis Rent‐ A‐Car, a pub, massage) with a small, one‐aisle parking lot and two driveway entrances on Centre Dr. Low X X 22765 ASPAN ST 39 617 ‐432‐18
Commercial/light industrial (America's Tire). Alleyway on Aspan St borders northern section of site and leads to other auto‐related uses (Map Reference Number 40), cars being repaired parked along alley. Low X X 22741 ASPAN ST 40 617 ‐432‐19
Light industrial uses (auto repair shops). Accessed by alleyway on Aspan St. Cars being repaired parked along alley. Low X X
22859 LAKE FOREST DR 41 617 ‐432‐14 This property is a vacant Del Taco restaurant building. Vacant Very low XX X 22865 LAKE FOREST DR 42 617 ‐432‐25 This property is a vacant office building. Vacant Very low XX X 22855 LAKE FOREST DR 43 617 ‐432‐13
1 story retail/office/restaurant use (medical, cleaners, dentist, Subway). Sadleback Court shopping mall.
Small/Medium parking lot with multiple parking aisles. One (1) space for lease (1,189 sf retail) https://www.loopnet.com/Listing/22855‐Lake‐Forest‐Dr‐Lake‐Forest‐CA/22572454/ 1 unit for lease Low XX X
22831 LAKE FOREST DR 44 617 ‐432‐09
1 story retail with small wrap‐around parking lot. US Bank with drive‐thru and retail/office (chiropractic, window treatment, employment agency). Low X X
ORANGE AVE & WHISLER DR 45 617 ‐241‐57 2 story Towing and self‐storage Low X X 25142 FRONT ST 46 613 ‐374‐08 2 story self‐storage Low X 23131 ORANGE AVE 47 613 ‐371‐01 1 story multi‐tenant auto repair/light industrial mini‐mall. One (1) unit for lease 1 unit for lease Low XX 23081 ORANGE AVE A 48 613 ‐361‐03 1 story multi‐tenant auto repair/light industrial Low X 25101 FRONT ST 49 613 ‐372‐05 Tow yard/auto storage, fenced‐in Low X 23132 ORANGE AVE 50 613 ‐372‐02 Industrial (Ganahl Lumber) parking and operations. Moderate X 23132 ORANGE AVE 51 613 ‐372‐01 Industrial (Ganahl Lumber) parking and operations. Moderate X 23222 OLIVE AVE 52 613 ‐373‐06 Industrial/storage (closed to public, storage containers visible) Low X CHERRY AVE & FRONT ST 53 613 ‐373‐03 Industrial/storage Low X OLIVE AVE & FRONT ST 54 613 ‐373‐02 Industrial/storage (Resource Building Materials) Moderate X 23271 CHERRY AVE 55 613 ‐373‐01 Industrial/storage (Resource Building Materials) Moderate X 23211 CHERRY AVE 56 613 ‐362‐04 1 story multi‐tenant auto repair and two aisle parking lot Low X 25312 JERONIMO RD 57 613 ‐362‐02
1 story multi‐tenant commercial/light industrial (gym, wood and laminate showroom) with parking lot. One (1) unit for lease (3,400 sf @ 25302 Jeronimo Rd) https://www.loopnet.com/Listing/25302‐25332‐Jeronimo‐ Rd‐Lake‐Forest‐CA/24105076/ 1 unit for lease Low
XX X
20772 CIVIC CENTER DR 58 104‐132‐78
Large paved lot with vehicles and construction equipment, small office/vehicle storage, fenced‐in, occupied by Sunstate Equipment (Construction Equipment Rentals & Tools) Moderate X 20712 CIVIC CENTER DR 59 610‐332‐07 1 story freestanding industrial building and parking lot, landscaping near road. Secured parking lot. Vacant For lease Moderate X INDIAN OCEAN DR & COMMERCENTRE
DR 60 610 ‐332‐04
Paved, fenced‐in industrial storage with hangers and equipment staging/storage, appears to be connected to APN 610‐332‐09 and owned/operated by ARB Industrial (subsidiary of Primoris Services Corporation) Moderate X 20602 CIVIC CENTER DR 61 610 ‐332‐09
2 story industrial/warehousing building, narrow and long with bay doors on southern building face, paved with vehicle and semi‐truck parking, storage units/shipping containers, possibly some sort of fill up (gas) station. Connected to APN 610‐332‐04, appears to be owned by ARB Industrial (subsidiary of Primoris Services Corporation) Moderate
X
26000 COMMERCENTRE DR 62 610 ‐332‐08
1 story commercial/light industrial building, occupied by ARB Industrial (subsidiary of Primoris Services Corporation). Wraparound parking lot and landscaping occupy much of the site. Surrounded by business park type uses. Moderate
X
INDIAN OCEAN DR & COMMERCENTRE
DR 63 104 ‐132‐79 (No street‐level view available). Undeveloped, easement with gravel access road underneath utility lines. Moderate X 20941 CANADA RD 64 610 ‐151‐29
(No street‐level view available). Self‐storage building occupied by American Mini Storage. Adjacent to residential uses on southern and western border, easement and industrial/warehousing uses on the northern border, light industrial uses on eastern border. Moderate X
20845 CANADA RD 65 610 ‐301‐24
(No street‐level view available). 1 or 2 story office building in manufacturing/business park, occupied by Camali Corp (engineering and IT company specializing in data centers) Moderate X 20762 LINEAR LN 66 610 ‐301‐29
1 or two story office/warehousing building with bay door, loading/unloading, storage and parking lot.
Occupied by All Seals (distributer of rubber parts) Moderate X 20792 CANADA RD 67 610 ‐301‐31
2 story office/warehousing building and parking lot, solar panel covered parking. Occupied by Schmaze Custom Coatings (paint/coating) Moderate X
20742 LINEAR LN 68 610 ‐301‐13 1 story office/manufacturing building and parking lot, occupied by AFAB Precision Machining Moderate X 20722 LINEAR LN 69 610 ‐301‐22 1 story office building and parking lot, possibly occupied by Wieser Educational Inc. Moderate X 20702 LINEAR LN 70 610 ‐301‐23
1 story office/manufacturing building and parking lot, occupied by Lyall Turbosonics, Inc. (product design and injection molder of thermoplastics) Moderate X
26212 DIMENSION DR 71 610 ‐301‐11
2 story multi‐tenant office/light industrial building with alleyway and bay doors behind it. Tenants include auto repair shop, other light industrial uses, marketing, accounting firm, etc. Possibly one‐two vacancies (cannot confirm) Possibly but unconfirmed Moderate
X
20781 CANADA RD 72 610 ‐301‐16
1‐2 story light industrial building occupied by Carstar (auto body) and parking lot. Landscaping in between building and street. Moderate X
20761 CANADA RD 73 610 ‐301‐17
2‐3 story office/light manufacturing/warehousing building with paved shipping/receiving area and bay doors in back Moderate X
26242 DIMENSION DR 74 610 ‐301‐18
2 story multi‐tenant office/light industrial building with alleyway and bay doors behind it. Tenants include a gym, insurance agent, PT/sports rehab, kid's bounce house, etc. Possibly one‐two vacancies (cannot Possibly but unconfirmed Moderate X 20700 CANADA RD 75 613 ‐821‐04 1 ‐2 story self‐storage with gate and fencing, landscaping alongside road. Moderate X Item: 11
761
/0 /1 /2 /3 /4 /i255 /6 /7 /8 /7 /9 /i255 /6 /10 /11 /12 /10 /13 /i255 /14 /13 /15 /16 /17 /i255 /19 /20 /21 /21 /19 /i255 /22 /23 /24 /23 /22 /i255 /22 /25 /26 /27 /25 /28 /i255 /29 /28 /i255 Item: 11
762
/0 /1 /2 /3 /4 /i255 /6 /7 /8 /7 /9 /i255 /6 /10 /11 /12 /10 /13 /i255 /14 /13 /15 /16 /17 /i255 /19 /20 /21 /22 /19 /i255 /23 /24 /25 /24 /23 /i255 /23 /26 /27 /28 /26 /29 /i255 /30 /29 Item: 11
763
/0/1/2/3 /4 /i255 /6 /2 /7 /8 /9 /10 /4 /11 /i255 /12 /6 /8 /i255 /13 /14 /13/14/15 /i255/13 /14 /13 /13/i255 /16 /17 /17 /3 /18 /4 /19 /8 /10 /4 /4 /8 /i255 /20 /21 /4/22/i255/23 /i255 /12 /6 /8 /i255 /13 /14 /13 /14 /24 /2 /25 /4 /i255 /26 /17 /10 /4 /27 /8/28 /i255 /29 /2 /18 /21 /30 /17 /10 /31 /21 /2 /i255 /16 /17 /17 /3/18 /4
/13 /14 /32 /33 /32 /i255 /29 /21 /34 /21 /6 /i255 /29 /4 /31 /8 /4 /10 /i255 /35 /10 /36 /37 /38 /i255 /40 /41 /42 /40 /43 /41 /i255 /44 /45 /46 /43 /41 /i255 /42 /47 /i255 /48 /i255 /45 /44/49/49/46/47 /45 /46 /41 /50 /47 /46 /i255 /42 /47 /i255 /51 /36 /52 /37 /53 /54 /54 /55 /53 /37 /56 /57 Item: 11
764
/0/1/2/3 /4 /i255 /6 /2 /7 /8 /9 /10 /4 /11 /i255 /12 /6 /8 /i255 /13 /14 /13/14/15 /i255/13 /14 /13 /13/i255 /16 /17 /17 /3 /18 /4 /19 /20 /20 /21 /22 /23 /24 /24 /22 /25 /26 /27 /24/28/25/29 /25 /30 /31 /32 /33 /34 /35 /36 /35 /34 /37 /38 /39 /40 /39 /41 /37 /38 /42 /43 /44 /42 /45 /37 /46 /45 /13 /14 /47 /13 /48 /i255 /49 /50 /51 /50 /6 /i255 /49 /4 /52 /8 /4 /10 /i255 /53 /10 /54 /55 /56 /i255 /58 /59 /54 /59 /58 /i255 /60 /61 /62 /61 /60 /i255 /60 /63 /64 /65 /63 /66 /i255 /67 /66 /i255 /68 /54 /55 /59 /69 /70 /70 /58 /69 /59 /71 /72 Item: 11
765
/0/1/2/3 /4 /i255 /6 /2 /7 /8 /9 /10 /4 /11 /i255 /12 /6 /8 /i255 /13 /14 /13/14/15 /i255/13 /14 /13 /13/i255 /16 /17 /17 /3 /18 /4 /19 /8 /10 /4 /4 /8 /i255 /20 /21 /4/22/i255/23 /i255 /12 /6 /8 /i255 /13 /14 /13 /14 /24 /2 /25 /4 /i255 /26 /17 /10 /4 /27 /8/28 /i255 /29 /2 /18 /21 /30 /17 /10 /31 /21 /2 /i255 /16 /17 /17 /3/18 /4
/13 /14 /32 /33 /34 /i255 /29 /21 /35 /21 /6 /i255 /29 /4 /31 /8 /4 /10 /i255 /36 /10 /37 /38 /39 /i255 /38 /37 /41 /41 /41 /i255 /42 /43/44/44/45/46 /42 /45 /47 /48 /46 /45 /i255 /49 /46 /i255 /50 /37 /51 /41 /52 /53 /53 /38 /52 /41 /54 /55 Item: 11
766
/0/1/2/3 /4 /5 /6 /i255/8/9/10 /9 /9 /i255/11/2/12 /2 /5 /i255 /13 /4 /14 /15 /16 /17 /18 /17 /3 /19 /4 /20 /21 /i255 /22 /23 /24 /23 /i255 /25 /4 /17 /18 /17 /3 /19 /14 /2 /18 /i255 /24 /26 /5 /27 /4 /6 /21 /i255 /22 /24 /28 /29 /i255 /30 /2 /5/1/i255/24 /4 /5 /27 /19 /14 /4 /i255 /29 /3 /4 /16 /14 /6 /21 /i255/11/2/31 /i255 /32 /2 /33 /2 /i255/8/9/10 /9/9/34 /10 /10 /i255 /35 /33 /i255 /36 /37 /38 /i255 /40 /41 /42 /40 /43 /41 /i255 /44 /45 /46 /43 /41 /i255 /42 /47 /i255 /48 /i255 /45 /44/49/49/46/47 /45 /46 /41 /50 /47 /46 /i255 /42 /47 /i255 /51 /52 /53 /54 /55 /52 /37 /56 /55 /57 /58 /59 Item: 11
767
/0/1/2/3 /4 /5 /6 /i255/8/9/10 /9 /9 /i255/11/2/12 /2 /5 /i255 /13 /4 /14 /15 /16 /17 /18 /17 /3 /19 /4 /20 /21 /i255 /22 /23 /24 /23 /i255 /25 /4 /17 /18 /17 /3 /19 /14 /2 /18 /i255 /24 /26 /5 /27 /4 /6 /21 /i255/11/2/28 /i255 /29 /2 /30 /2 /i255/8/9/10 /9/9/31 /10 /i255 /32 /30 /i255 /9 /10 /33 /34 /35 /i255 /36 /2 /16 /2 /29 /2 /i255 /37 /29 /38 /39 /40 /i255 /42 /43 /44 /39 /45 /i255 /46 /47 /48 /47 /49 /47 /i255 /50 /49 /i255 /51 /38 /45 /43 /52 /45 /53 /45 /52 /42 /44 /54 Item: 11
768
/0 /1 /2 /3 /4 /i255 /6 /7 /8 /7 /9 /7 /i255 /10 /9
/11 /12 /13 /i255 /15 /16 /17 /18 /12 /i255 /19 /20 /21 /20 /22 /20 /i255 /23 /22 /i255 /24 /11 /25 /16 /26 /27 /16 /25 /26 /15 /18 /28 Item: 11
769
/0 /1 /2 /3 /3 /i255 /5 /6 /7 /8 /9 /10 /i255 /5 /7
/11 /11 /12 /i255 /14 /15 /16 /11 /14 /i255 /17 /18 /19 /20 /21 /22 /i255 /17 /19 /i255 /11 /23 /15 /24 /25 /15 /23 /24 /14 /26 Item: 11
770
/0 /1 /2 /1 /3 /1 /i255 /5 /6
/7 /8 /9 /i255 /11 /12 /8 /13 /11 /i255 /14 /15 /16 /15 /17 /15 /i255 /18 /17 /i255 /19 /7 /20 /12 /21 /22 /12 /20 /21 /22 /20 /23 Item: 11
771
/0 /1 /2 /3 /3 /i255 /5 /6 /7 /8 /9 /10 /i255 /5 /7
/11 /12 /13 /i255 /15 /16 /17 /18 /15 /i255 /19 /20 /21 /22 /23 /24 /i255 /19 /21 /i255 /25 /11 /26 /16 /27 /28 /16 /26 /27 /26 /28 /29 Item: 11
772
/0 /1 /2 /1 /0 /i255 /4 /5 /6 /7 /8 /9 /i255 /4 /6
/10 /11 /12 /i255 /14 /15 /16 /14 /14 /i255 /17 /18 /19 /20 /21 /22 /i255 /17 /19 /i255 /23 /10 /24 /15 /25 /26 /15 /24 /25 /14 /14 /27 Item: 11
773
/0 /1 /2 /1 /0 /i255 /4 /5 /6 /7 /8 /9 /i255 /4 /6
/10 /11 /12 /i255 /14 /11 /10 /11 /14 /i255 /15 /16 /17 /18 /19 /20 /i255 /15 /17 /i255 /21 /22 /23 /11 /24 /25 /11 /23 /24 /14 /25 /26 Item: 11
774
/0 /1 /0 /0 /1 /i255 /3 /4/5/6/7 /8 /4 /9 /7 /i255 /3 /10 /11 /12 /13 /i255 /15 /16 /15 /12 /15 /i255 /17 /18/19/20/21 /22 /18 /23 /21 /i255 /17 /24 /i255 /25 /16 /12 /26 /27 /28 /26 /12 /27 /12 /12 /29 Item: 11
775
/0 /1 /2 /3 /4 /i255 /6 /7 /8 /7 /9 /7 /i255 /10 /9
/11 /12 /13 /i255 /12 /15 /11 /16 /17 /i255 /18 /19 /20 /19 /21 /19 /i255 /22 /21 /i255 /i255 /23 /24 /17 /15 /25 /26 /15 /17 /25 /17 /24 /27 Item: 11
776
/0 /1 /2 /3 /4 /i255 /6 /7 /8 /7 /9 /7 /i255 /10 /9
/11 /12 /13 /i255 /15 /16 /11 /17 /18 /i255 /19 /20 /21 /20 /22 /20 /i255 /23 /22 /i255 /24 /17 /18 /16 /25 /12 /16 /18 /25 /18 /11 /26 Item: 11
777
/0 /1 /0 /0 /2 /i255 /4 /5/6/7/8 /9 /5 /10 /8 /i255 /4 /11 /12 /13 /14 /i255 /16 /17 /16 /13 /16 /i255 /18 /19/20/21/22 /23 /19 /24 /22 /i255 /18 /25 /i255 /26 /17 /27 /28 /29 /30 /28 /27 /29 /27 /31 /32 Item: 11
778
/0 /1 /2 /3 /3 /i255 /5 /6 /7 /6 /8 /6 /i255 /9 /8
/10 /11 /12 /i255 /14 /15 /10 /15 /15 /i255 /16 /17 /18 /17 /19 /17 /i255 /20 /19 /i255 /21 /22 /23 /24 /25 /26 /14 /23 /25 /15 /27 /28 Item: 11
779
City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-175 Source: Orange County Analysis of Impediments to Fair Housing Choice, May 2020.
Findings
Overall, it appears that residents in Lake Forest have varying levels of access to opportunities, and access to opportunity is not correlated to the location of special groups, like female-headed households, seniors, or persons with disabilities. While there is some minor correlation between access to opportunities and racial/ethnic composition in the southern areas of the City near El Toro/I-5, there ar e other areas of the City with lower levels of access to opportunity where the residents are predominately white. Access to opportunity appears to be consistent and equitable across the communitytotal population, however inequities ex ist in populations below the federal poverty line, with Hispanic residents below the federal poverty line have less access to opportunities than other groups .
Program 24, Neighborhood Improvement Task Force, has been added to address this Finding.
Discussion of Disproportionate Housing Needs
Across Orange County, many residents face high rates of housing problems, severe housing problems, and severe housing cost burden. The County AI found that 27.1% of households have a severe housing problem, which are lack of kitchen or plumbing, more than one person per room, or cost burden greater than 50%. Hispanic households are most likely to have a severe hous ing problem (44.5% of households). In comparison, the County AI found that
19.9% of households in Lake Forest have a severe housing problem, with 42.4% of Hispanic households having a severe housing problem. Hispanic residents face severe housing problems at a higher than average in Lake Forest compared to the County. Overall, across the County, Black and Hispanic residents are more likely to face all of these housing problems, with varying rates across different jurisdictions. Housing problems occur more frequently in more populated areas of the County. The County AI found that while housing problems are generally evenly dispersed throughout the County, however, Lake Forest has higher percentages of households with housing problems in areas with higher numbers of Hispanic residents.
The analysis of disproportionate housing needs within Lake Forest evaluated existing housing need, needs of the future housing population, and units within the community at-risk of converting to market-rate (of which there are 8 11 units).
The four HUD-designated housing problems include when a 1) housing unit lacks complete kitchen facilities; 2) housing unit lacks complete plumbing facilities; 3) household is overcrowded; and 4) household is cost burdened.
Households are considered to have a housing problem if they experience at least one of the above. Error! Reference source not found. Table 76 summarizes the demographics of hous eholds with disproportionate housing needs in the City and region. As shown in Error! Reference source not found.Table 76, Lake Forest has a lower percentage of residents experiencing housing problems compared to the region. For both the City and the region as a whole, non-White households are more likely to experience at least one of the housing problems than White households.
TABLE 767675: DEMOGRAPHICS OF HOUSEHOLDS WITH DISPROPORTIONATE HOUSING NEEDS Housing Needs Lake Forest Los Angeles-Long Beach-Anaheim, CA Region
Households
experiencing any of 4
housing problems
# with
problems
#
households
% with
problems
# with
problems
# of
households
% with
problems
Race/Ethnicity
White 6,225 18,234 34.14% 710,485 1,741,265 40.80%
Black 240 540 44.44% 186,785 332,330 56.20%
Hispanic 2,705 4,370 61.90% 924,105 1,458,220 63.37%
Asian or Pacific Islander 1,305 3,865 33.76% 312,775 666,628 46.92% Native American 15 19 78.95% 4,655 9,535 48.82%
Other 299 528 56.63% 44,255 90,895 48.69%
Total 10,780 27,555 39.12% 2,183,075 4,298,855 50.78%
Household Type and Size
Family households, <5
people
5,795 17,550 33.02% 1,029,920 2,301,365 44.75%
Item: 11
780
City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-176 Housing Needs Lake Forest Los Angeles-Long Beach-Anaheim, CA Region
Family households, 5+
people
1,640 3,165 51.82% 434,995 628,630 69.20%
Non-family households 3,340 6,824 48.94% 718,155 1,368,880 52.46% Households
experiencing any of 4
severe housing
problems
# with severe
problems
#
households
% with
severe
problems
# with severe
problems
# of
households
% with
severe
problems
Race/Ethnicity
White 2,735 18,234 15.00% 387,770 1,741,265 22.27%
Black 140 540 25.93% 115,450 332,330 34.74%
Hispanic 1,855 4 370 42.45% 1,458,220 44.53%
Asian or Pacific Islander 660 3,865 17.08% 189,350 666,628 28.40% Native American 15 19 78.95% 2,645 9,535 27.74%
Other 174 528 32.95% 26,215 90,895 28.84%
Total 5,590 27,555 20.29% 1,370,770 4,298,855 31.89%
Source: HUD Affirmatively Furthering Fair Housing (AFFH) Database, 2020.
Future Growth Need
The City’s future growth need is based on the RHNA, which allocates production of 956 very-low and 543 low- income units to the City for the 2021-2029 planning period . Figure 2 shows that both existing and proposed affordable units are well dispersed throughout the community and do not present a geographic barrier to obtaining affordable housing. Appendix A of this Housing Element shows the City’s ability to meet its 2021-2029 RHNA need at all income levels. This demonstrates the City’s ability to accommodate the anticipated future affordable housing needs of the community.
Existing Need
As described earlier in this Background Report, the City has a history of working with affordable housing developers to help facilitate the development of housing for lower-income households. Lake Forest has 202 rent-restricted units, representing approximately 1% of the City’s housing stoc k. The City actively works with affordable housing developers to identify and evaluate potential sites an d to expand opportunities for lower-income households throughout the City. Lake Forest continues to encourag e development of 15% affordable housing in conjunction with development of market rate housing.
Cost Burden
A household is considered cost burdened if the household pays more than 30% of its total gross income for housing costs. For renters, housing costs include rent paid by th e tenant plus utilities. For home owners, housing costs include mortgage payment, taxes, insu rance, and utilities. As discussed in the Background Report, as with most communities, the location of the home is one of the biggest factors with regard to price.
Figure 29 shows the sites designated to meet the RHNA a llocation in relation to percent of renter households overburdened by housing costs, by census tract. Some site s (located within the El Toro Road and Light Industrial focus areas) are located in the census tracts with the highest levels of renter households overburdened by housing costs and some sites (located within the El Toro Road and Lake Forest Drive focus areas) are located in the census tracts with the highest levels of homeowner households overburdened by housing costs. These patterns appear to be generally consistent with the prior analysis regardin g median household incomes and access to opportunity as they relate to regional patterns, as illustrated in Figure 30. Figure 31 shows the sites proposed to meet Lake Forest’s RHNA in relation to percent of homeowner households overburdened by housing costs, by census tract. The intent of introducing new residential development in these areas (at locations currently developed with commercial uses) is to add new housing to desirable areas and provide a range of housing choices at different prices to current and future residents. The sites designated to accommodate the City’s RHNA are not currently developed with residential Item: 11
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-177 uses and are not expected to displace current residents. A regional comparison is provided in Figure 32.
Overcrowding
Typically, a housing unit is considered overcrowded if there is more than one person per room and severely overcrowded if there are more than 1.5 persons per room . As described in Table 20 in the Background Report,
2.1% of owner-occupied homes and 10.7% of renter-occupied homes are overcrowded, and a total of 4.8% of all households in Lake Forest are overcrowded. Figure 27 shows the concentration of overcrowded households in Lake Forest. One census tract, 032014 has 15.01-20% of households which are overcrowded. As shown in Figure 33, the more racially/ethnically diverse northern Oran ge County has a significantly higher concentration of overcrowded households than the southern and coastal areas of the County.
Substandard Housing
Typically, housing over 30 years of age is more likely to have rehabilitation needs that may include plumbing, roof repairs, electrical repairs, foundation rehabilitation, or ot her significant improvements. As discussed in Section 3 of the Background Report, the 2014-2018 ACS data indicates that over half of the housing in the City is less than 40 years old (in 2018); 57.6% of units were built in 1980 or later. Another 32.9% of housing units were between 1970 and 1979. Die to the relatively young age of the City’s housing stock, the overall housing conditions are good. The City’s housing stock remains relatively new with only 9.5% of dwelling units in Lake Forest having been constructed prior to 1970, and as such, structural deterioration and maintenance problems are rare. Code enforcement officers conducted a window survey of 600 homes in southwest Lake Forest (the oldest neighborhood most in need of attention) to assess the condition of housing stock in Lake Forest. Of the 600 homes, most issues noted included minor exterior issues such as deteri orated paint, dead or dying landscaping, broken windows, etc. One was considered to need major rehabilitation or replacement. This equates to 0.1%. The City has introduced Program 24, Neighborhood Improvement Task Force, to address the ne ed of the City’s older neighborhoods. The City’s first Neighborhood Improvement Plan is being prepared for So uthwest Lake Forest, and as described in the Program, the City has committed $70,500 to implementing improvem ents in the Southwest Lake Forest neighborhood from 2021-2023.
Additionally, the City’s Planning Division’s assessment is that, while there are a limited number of homes in need of significant repair scattered throughout various neighborhoods in the City, there are no areas of the City in which it appears that a preponderance of the homes need major repair. In general, areas of the City with older homes have a greater number in need of major repair. The City will continue to implement its residential Rehabilitation Loan Program (RLP) using CDBG funds (when available) to help qualified homeowners to rehabilitate substandard housing.
Findings
“Disproportionate housing needs” generally refers to a cond ition in which there are sign ificant disparities in the proportion of members of a protected class experienci ng a category of housing need when compared to the proportion of members of any other relevant groups, or th e total population experiencing that category of housing need in the applicable geographic area. Based on inpu t from the community and the County AI, the most disproportionate housing needs in Lake Forest includes re habilitation of the existing housing stock and increased variety of housing types at affordable prices, including housing for lower income households and larger households.
Additionally, as demonstrated in Tabl e 74, Census Tract 032014 located in the southern portion of the City and adjacent to the I-5 Freeway has a comparatively high percentage of disproportionate housing needs, with 73.4% of renters overpaying and 17.15% of households which are overcrowded. According the HCD’s AFFH Data Viewer, this Census Tract’s population is predominately Hispanic (46.4%), and has a slightly higher percentage of population with a disability (15.7%) compared to the City as a whole. Program 24 of the Housing Plan, Neighborhood Improvement Task Force (NITF), targets this area of the City. Programs recommended by the NITF will be a key tool the City will use to address fair housing issues and affirmatively further fair housing.
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Affordable Housing Sites
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(Density <30 du/ac)
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Sources: AFFH Data and Mapping Resources, California
Department of Housing and Community Development,
"OvercrowdedHouseholds_Tract." Map date: April 14, 2022.
Figure V-27: Overcrowded Households by Census Tract
NEW FIGURE
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Figure 28: Overcrowded Households by Census Tract - Countywide Legend
City of Lake Forest
County Boundary
Percentage of Households Severely
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0>- 5%
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Data sources: AFFH Data and Mapping Resources, California Department of Housing and Community Development,
"OvercrowdedHouseholds_Tract" and
"OvercrowdedHouseholds_Severe_Tract."
Map date: April 15, 2022.
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Sources: AFFH Data and Mapping Resources, California
Department of Housing and Community Development,
"SensitiveCommunities_UrbanDisplacementProject_Tract."
Map date: April 14, 2022.
Figure V-29: Sensitive Communities
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-198 6C. Sites Inventory
AB 686 requires that jurisdictions identify sites throughout the community in a manner that is consistent with its duty to affirmatively further fair housing. The site identificati o n i n c l u d e s n o t o n l y a n a n a l y s i s o f s i t e c a p a c i t y t o accommodate the RHNA (provided in this section), but also considers whether the identified sites serve the purpose of replacing segregated living patterns with truly integrat ed and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity. This section analyzes the role of all sites, regardless of income level, in assisting to affirmatively further fair housing. However, special attention is paid to those sites identified to accommodate a portion of the City’s lower-income RHNA to ensure that the City is thinking carefully about how the development of new affordable housing options can promote patterns of equality and inclusiveness.
SEGREGATION/INTEGRATION
As previously stated, the City finds that there are no know n historic patterns of segregation by race and ethnicity, persons with disabilities, familial status, age or income. Nonetheless, as described throughout this Housing Element, the City is committed to supporting the development of housing to promote a balanced and integrated community.
This is highlighted in Table 67 in th e Housing Resources chapter, as the City has identified a surplus of sites and excess development capacity for housing for all income levels.
Figure 5 shows the sites identified to m eet Lake Forest’s RHNA allocation in relation to racial/ethnic diversity. As shown, proposed very-low and low-income RHNA sites underutilized mixed-use sites, including those very-low and low-income RHNA sites underutilized mixed-use allowing for densities of at least 30 du/ac), are located throughout the community and are not concentrated in areas of low diver sity. The vast majority of sites are located in areas of moderate to high diversity, and some sites (located along Lake Forest Drive) are in areas of low diversity.
Figure 7 shows the sites designated to meet Lake Forest’s RHNA allocation in relation to the concentration of persons with disabilities. As shown, proposed sites, including those very-low and low-income sites (underutilized mixed-use sites allowing for densities of at least 30 du/ac), are located throughout the community and are not concentrated in areas with high proportions of persons with disabilities. The va st majority of sites are located in census tracts with 10% or less of the population indicating a disability, i ncluding some sites in areas with 10%-20% of residents indicating a disability. Additionally, the City’s mixed-use areas are located near transit corridors and activity centers, which also benefits persons with disabilities. However, thes e sites are not concentrated in areas with already high levels of disability. The locations of sites designated to meet the City’s very-low and low-income RHNA allocation are not expected to contribute to patterns of isolation or segregation for persons with disabilities.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-199 Figure 9 shows the sites designated to meet Lake Forest’s RHNA allocation in relation to female-headed households.
As shown, proposed sites, including very-low and low-income sites (underut ilized mixed-use sites allowing for densities of at least 30 du/ac), are located throughout the community and are not concentrated in areas with high levels of female-headed households. No sites are located in the census tract with the highest proportion of female- headed households. The locations of sites designated to meet the City’s very-low and low income RHNA allocation are not expected to contribute to patterns of isolation or segregation for female-headed households.
Figure 11 shows the sites designated to meet Lake Forest’s RHNA allocation in relation to concentration of senior residents. As shown, proposed sites, including very-low and low-income sites (underutilized mixed-use sites allowing for densities of at least 30 du/ac) , are located throughout the community and are not concentrated in areas with high proportions of senior residents. The vast majority of sites are located in areas with low levels of senior residents (less than 20%) and some sites are located in areas wh ere seniors make up 20-25% of the population. However, these areas (located generally along El Toro Road and Lake Forest Drive near I-5) are also good locations for seniors because they provide easy access to goods and services and are located near transportation facilities and activity centers. The locations of sites designated to meet the City’s very-low and low income RHNA allocation are not expected to contribute to patterns of isolation or segregation for senior households.
Figure 13 shows the sites designated to meet Lake Forest’s RHNA allocation in relation to median household income.
As shown, proposed sites, including very-low and low-income RHNA sites (u nderutilized mixed-use sites allowing for densities of at least 30 du/ac), are located throughout the community and are not concentrated in areas with low median household income. Some candidate sites are locate d in one of the City’s two lowest median household income census tracts, but as previously described, this census tract is home to many mobile/manufactured homes, which are not proposed for redevelopment. Development is expected to occur at other sites where nonresidential uses are currently (2021) located. The location of new development to meet the City’s very-low and low income RHNA are not expected to contribute to patterns of isolation or segregation for lower-income households.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-200
R/ECAPS
The City does not have any racially or ethnically concentr ated areas of poverty and the identification of sites to accommodate the City’s RHNA is not expected to alter this finding. Additionally, while the majority of the City contains a white majority racial concentration, there are no censu s tracts with a median hous ehold income of $125,000 or more. As such, there are no RCAAs located in Lake Forest.
ACCESS TO OPPORTUNITY
Approximately 5% of the City’s underutilized mixed-use sites are located within census tract 06059052423, which is considered an area with low place-based opportunities. The concerns in this area include neighborhood stability, access to supermarkets, and housing affordability. The introduction of new mixed-use development in this area will help to create more housing affordable to households at lower-income levels, introduce new residents to an area which can contribute to higher neighborhood stability, an d expand opportunities for people to live and work in the same area. Taken together, new mixed-use development in this area, which is focused on underutilized commercial sites, will help to diversify the land use pattern without displacing existing residents.
One of the high opportunity areas ident ified in the analysis is the Foothill Ranch Towne Center, which originally represented a concentration of commercial land uses on 216 acres of land within the Foothill Ranch Planned Community. In the 1980’s, 30 acres of land was developed as an Auto Center and medical office uses. Several rezonings have been approved by the City that allowed for 219 multi-family residential to be constructed on land that had formerly been used for auto dealerships. In addition, 3,710 single family and multi-family units are included within the Planned Community, which of fer opportunities for the development of ADU’s and increasing housing choices in the area.
DISPLACEMENT RISK
Figure 29Figure 23 shows the sites designated to meet the very-low and low-income RHNA allocation for Lake Forest sites (underutilized mixed-use sites allowing for densities of at least 30 du/ac) in relation to percent of renter households overburdened by housing costs, by census tract. Some sites (located within the El Toro Road and Light Industrial focus areas) are located in the census tracts with the highest levels of renter households overburdened by housing costs and some sites (located within the El Toro Road and Lake Forest Drive focus areas) are located in the census tracts with the highest levels of homeowner households overburdened by housing costs. These patterns appear to be generally consistent with the prior anal ysis regarding median hous ehold incomes and access to opportunity as they relate to regional patterns, as illustrated in Figure 30. Figure 31Figure 25 shows the sites proposed to meet Lake Forest’s very-low and low-income RHNA allocation (underutilized mixed-use sites allowing for densities of at least 30 du/ac) in relation to percent of homeowner households overburdened by housing costs, by census tract. The intent of introducing new reside ntial development in these areas (at locations currently developed with commercial uses) is to add new housing to desirable areas and provide a range of housing choices at different prices to current and future residents. The sites designated to accommodate the City’s lower-income RHNA are not currently developed with residential uses and are not expected to displace current residents. A regional comparison is provided in Figure 32.
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City of Lake Forest GENERAL PLAN │ Revised Adopted Housing Element Background Report │ Page BR-201
SITE ANALYSIS FINDINGS
To accommodate the City’s RHNA allocation, five key focus areas of economic investment/opportunity have been identified consistent with the City’s comprehensive Gene ral Plan Update (adopted in 2020). These focus areas include: El Toro Road, Lake Forest Drive, Light Industri al/Railroad, Civic Center, and Foothill Ranch Towne Center, all of which allow and incentivize mixed-use development at the densities needed to stimulate affordable housing development. These areas, located along transportation co rridors and near activity centers, are designated for mixed-use development in the City’s General Plan. The City’s very-low and low RHNA needs are largelyThe sites identified to accommodate the City’s RHNA at all income levels are largely accommodated in these locations . By locating sites throughout the City, and at permitted densities which promote a variety of housing types to meet all income needs, the sites affirmatively further fair housing and provides for housing for all income types in moderate and high resource areas. Specifically, housing sites designated Urban Industrial 25 are located in a high resource area and have the capacity for approximately 426 units at moderate and above moderate income levels., which do not represent extremely concentrated racial or ethnic populations, persons with disabilities, female household, senior households, or low-income households.
As shown in Table 66, most of the site capacity for extrem ely low, very low, and moderate units are located within site designated as Mixed-Use 43 (approximately 69 percent of the total site inventory). Approximately 731 of those proposed units, including an anticipated 336 very low-income units are located in the Foothill Ranch Towne Center, which is a high opportunity area. The Urban Industrial 43 land use designation is located in a Moderate Resource area and will accommodate approximately 339 extremely low, very low, and moderate units (sites 58-75).
Because sites are located throughout the City, some sites are located in areas of greater racial diversity and/or low- income household concentration, particularly in the southern portion of the City, in the areas around the I-5 Freeway (approximately 44 percent of the total sites). These incl ude sites 1-15, 34, 35, and 38-44, all of which are underutilized mixed-use sites that are permitted at densities that are suitable for all income levels. However, the City has included programs in the Housing Plan to address neighborhood-specific issues in this area of the City, including Program 22: Affirmatively Furthering Fair Housing Program, Program 23: Economic Displacement Risk Analysis, and Program 24: Neighborhood Improvement Task Force, whi ch will encourage lower-income sites to be located in areas with more resources and will help to revitalize areas in which lower-income sites are located.
THowever, the City has included a program to encourage additional development of lower-income units throughout the community through its accessory dwelling unit program (Program 8). For these reasons, the City finds that the sites proposed to accommodate its RHNA allocation do not unduly burden existing areas of concentrated racial or ethnic homogeneity, poverty, or other characteristics. Moreover, the sites affirmatively further fair housing by helping to stimulate investment in areas where additional people- and place-based opportunity is desired, and where new residential and/or mixed-use development can help to improve some of the opportunity level characteristics discussed earlier in this section.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: Community Development
SUBJECT:
AN ORDINANCE APPROVING MIXED-USE ZONING AMENDMENT (ZC) 03- 22-5511
RECOMMENDED ACTION(S):
1. Find that Zoning Code Amendment (ZC) 03-22-5511 (“Project”) meets the conditions for a streamlined environmental review process in accordance with CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). The Project is consistent with the 2040 General Plan, for which an EIR was prepared and certified, and there are no site-specific or cumulative impacts associated with the proposed Project that have not been fully addressed in a previous environmental document, or that cannot be mitigated to a less-than-significant level through the application of uniformly applied development policies and/or standards. This evaluation concludes the proposed Project, a City-initiated zoning code amendment to amend the City’s Zoning Map and various provisions of the Lake Forest Municipal Code regarding Mixed-Use zoning districts and associated regulations, development and design standards and amending the following planned community texts regarding the same: Foothill Ranch, Pacific Commercentre, Lake Forest, El Toro Planned Community, and Rancho de los Alisos, is within the scope of the 2040 General Plan EIR, and that no further CEQA documentation is required.
2. Introduce for first reading an Ordinance entitled: AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA
APPROVING ZONING CODE AMENDMENT (ZC) 03-22-5511 AMENDING THE CITY’S ZONING MAP AND VARIOUS PROVISIONS OF THE LAKE
FOREST MUNICIPAL CODE REGARDING MIXED-USE ZONING DISTRICT
AND ASSOCIATED REGULATIONS, DEVELOPMENT AND DESIGN
STANDARDS AND AMENDING THE FOLLOWING PLANNED COMMUNITY
TEXTS REGARDING THE SAME; FOOTHILL RANCH, PACIFIC
COMMERCENTRE, LAKE FOREST, EL TORO, AND RANCHO DE LOS
ALISOS PLANNED COMMUNITIES; AND DETERMINING THAT NO
ADDITIONAL ENVIRONMENTAL REVIEW IS NECESSARY FOR THE
ORDINANCE UNDER STATE CEQA GUIDELINES SECTION 15183
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EXECUTIVE SUMMARY:
Mixed-Use zoning codes are proposed for City Council consideration under a City-initiated Zoning Code Amendment (ZC) 03-22-5511 in order to implement the City’s 2040 General Plan (Attachment 1, Exhibits A-I). The General Plan, adopted by the City Council in June 2020, identifies five Mixed-Use land use designations to allow for the development of Mixed-Use projects. The five Mixed- Use land use designations include, Mixed-Use 32 (MU 32), Mixed-Use 43 (MU 43), Mixed-Use Office (MUO), Urban Industrial 25 (UI 25), and Urban Industrial 43 (UI 43). Except for the MUO zone which allows commercial, office, and hotel uses, the other Mixed-Use zones allow a blend of complementary residential, commercial, and industrial uses, or only residential, commercial, or industrial uses. These land use designations are located within five focus areas located along the City’s major roadways and transportation facilities. They include: 1) Foothill Ranch Towne Center, 2) Civic Center Area, 3) Lake Forest Drive Corridor, 4) El Toro Road Corridor, and 5) Light Industrial/Rail Corridor (Attachment 4, Map of Mixed-Use sites).
The Mixed-Use zoning codes identify development standards such as density, floor area ratio (FAR), building height, landscape requirements, building setbacks, and permitted uses. The Mixed-Use zoning codes require an amendment to the City’s Zoning Code (Title 9 of the Lake Forest Municipal Code), and several of the City’s Planned Communities.
At its July 7, 2022 hearing, the Planning Commission recommended adoption of the draft ordinance to the City Council (Attachment 1, Exhibits A through I, as follows: Exhibit A, Draft Ordinance, Exhibit B, Foothill Ranch Planned Community Amendment, Exhibit C, Pacific Commercentre Planned Community Amendment, Exhibit D, Lake Forest Planned Community Amendment, Exhibit E, El Toro Planned Community Amendment Exhibit F, Rancho de los Alisos Planned Community and Amendment Exhibits G, H, and I, Zoning Map Amendments). Attached for the Council’s consideration is a link the Planning Commission staff report dated July 7, 2022 (Attachment 2) and Planning Commission Resolution (Attachment 3). This item was noticed for public hearing by the City Council on July 28, 2022.
For additional information about the Mixed-Use Zoning project please refer to the City’s website: https://www.lakeforestca.gov/1128/Mixed-Use-Zoning.
DISCUSSION:
All cities in California are required to adopt a comprehensive General Plan to guide land use planning decisions. In June 2020, the City Council adopted the Item: 12
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Lake Forest 2040 General Plan (General Plan). The General Plan, in response to the State mandating the City to designate properties for residential use, established a new land use designation: “Mixed-Use” to encourage greater residential opportunities for new development.
Following adoption of the General Plan, the City began an update to the Housing Element. Through the State of California Regional Housing Needs Assessment (RHNA), Lake Forest was allocated a total of 3,236 units for the period 2021- 2029. The City must demonstrate that there is sufficient land having the appropriate General Plan land use designation and zoning that would allow the housing to be constructed.
The City of Lake Forest, upon adopting the 2040 General Plan, identified five “focus areas” near major roadways and transportation facilities where future housing could be accommodated. The five focus areas are identified as: 1) Foothill Ranch Towne Center, 2) Civic Center Area, 3) Lake Forest Drive Corridor, 4) El Toro Road Corridor, and 5) Light Industrial/Rail Corridor (Attachment 4, Map of Mixed-Use Focus Areas).
The General Plan envisions that future development, over a 20-year horizon, can occur in these focus areas. Development would consist of a blend of residential land use in conjunction with compatible hotel, office, commercial, and industrial uses.
Following two years of public outreach for the General Plan, the City hired SWA, an internationally renowned landscape architecture, planning, and urban design firm to prepare Mixed-Use zoning codes, create the Mixed-Use development standards (Attachment 1), and develop a robust outreach program for the Zoning Code Amendment. SWA and staff conducted public outreach utilizing a variety of formats to engage a wide mix of Lake Forest residents and other stakeholders.
Information about the process was also posted on the City’s website at https://www.lakeforestca.gov/1128/Mixed-Use-Zoning.
Overview of Mixed-Use Zoning Regulations
To implement the goals of the General Plan and allow for Mixed-Use development to occur, an amendment to the City’s Zoning Code, Title 9 of LFMC, is required.
The amendment, ZC 03-22-5511, accomplishes the following:
•Adds new definitions pertaining to Mixed-Use Development and Open Space.
•Establishes five new zoning districts: Mixed-Use 32 (MU 32), Mixed-Use 43 (MU 43), Mixed-Use Office (MUO), Urban Industrial 25 (UI 25), and Urban Industrial 43 (UI 43).
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•Establishes development standards for each Mixed-Use zoning district, including density, Floor Area Ratio (FAR), height, unit size, open space requirements and setbacks.
•Establishes objective design standards.
•Lists allowable uses for each Mixed-Use district and whether uses are permitted, subject to approval, or prohibited. The Ordinance would change the existing zoning of 267 properties zoned commercial and industrial to a Mixed-Use zoning district. It would allow multi-family residential in the MU 32, MU 43, UI 25 and UI 43 zones, and broaden the range of allowable service and retail uses in UI 25, and UI 43.
The Planning Commission staff report(Attachment 2) contains a detailed description of the proposed development standards, objective design standards and allowable uses for each Mixed-Use district. The following is a summary of the five Mixed-Use zoning districts.
•Mixed-Use 32 (MU 32) which provides for mixtures of commercial, office and residential uses in the same building, on the same parcel of land or within the same area as well as single-use projects that are all residential, or all commercial.
•Mixed-Use 43 (MU 43) which provides for mixtures of commercial, office and residential uses in the same building, on the same parcel of land or within the same area as well as single-use projects that are all residential, or all commercial.
•Mixed-Use Office (MUO) which provides for high-intensity business parks, office uses, and light industrial uses including a variety of businesses that support office-oriented employment opportunities and services at intensities higher than those allowed in the Business Park or Professional Office designations.
•Urban Industrial 25 (UI 25) which provides for mixtures of office, commercial, light industrial and residential uses in the same building, on the same parcel, of land or within the same area.
•Urban Industrial 43 (UI 43) district provides for mixtures of office, commercial, light industrial and residential uses in the same building, on the same parcel of land or within the same area.
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The Lake Forest General Plan identified five areas where future Mixed-Use development could occur over the next 20 years. These areas are located near major roadways and transportation facilities. The selection of these areas mitigate impact to existing neighborhoods and preserves important open space.
Adopting the Mixed -Use zoning districts will complete a program in the Housing Element and ensure compliance with State law that requires consistency between the General Plan and Zoning Ordinance.
ENVIRONMENTAL REVIEW:
The potential environmental impacts resulting from the proposed Zoning Code Amendment as reflected in the proposed Ordinance, Attachment 1, Exhibits A - I, have already been analyzed in the 2040 Lake Forest General Plan Final Environmental Impact Report (2040 General Plan EIR), which the City certified in June 2020 (2040 General Plan EIR, State Clearinghouse No. 2019090102).
Under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183, no additional environmental review is necessary for projects that are consistent with the development density established by existing general plan policies for which an EIR was certified, except as might be necessary to examine whether there are project-specific significant effects that are peculiar to the project or its site. Here, no additional environmental review is necessary for the Ordinance, as the Ordinance is consistent with the development densities that were established for the Mixed-Use Districts set forth in the 2040 General Plan and that were analyzed in the 2040 General Plan EIR. The Ordinance does not propose site-specific development, but rather is a zoning code amendment to implement the 2040 General Plan. State CEQA Guidelines section 15183 provides that its provisions shall apply where, as here, the lead agency has certified an EIR for a General Plan and the project at issue is a rezoning action consistent with the general plan (State CEQA Guidelines, § 15183(i)). The Ordinance does not require additional environmental review under CEQA because the Ordinance (1) is consistent with the development densities established in the 2040 General Plan, (2) will have no significant impacts peculiar to the Ordinance or to the parcels that it impacts; (3) will have no significant impacts that were not analyzed as significant impacts in the 2040 General Plan EIR; (4) will have no potentially significant off-site impacts or cumulative impacts that were not discussed in the 2040 General Plan EIR; and (5) will not have any impacts that were previously identified as significant impacts in the 2040 General Plan EIR, but which will have a more severe adverse impact than discussed in the 2040 General Plan EIR. The City makes this determination on the basis of the entirety of the record of proceedings, including 2040 General Plan EIR and the June 2020 Environmental Analysis prepared for Zone Change 03-22-5511.
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PUBLIC NOTICING:
On June 7, 2022, the City sent each property owner affected by the proposed zone change a letter describing the proposed changes, a map of the Mixed-Use zones and a paper titled “Commonly asked Questions and Answers.” These and other documents were also added to the City’s website:
https://www.lakeforestca.gov/204/Planning.
In accordance with the requirements of Lake Forest Municipal Code (LFMC) Section 9.184.040(C)(2), the July 7, 2022, public hearing before the Planning Commission was noticed in a newspaper of general circulation as of June 24, 2022 and public notices were posted at City Hall and public hearing notices were mailed to property owners within 300 feet of each Mixed-Use site (over 1,700 notices).
On July 28, 2022, in accordance with the requirements of LFMC Section
9.184.040(C)(2), the August 16, 2022, public hearing before the City Council was noticed in a newspaper of general circulation as of August 5, 2022 public notices were posted on the City’s website, at City Hall and public hearing notices were mailed to property owners within 300 feet of each Mixed-Use site (over 1,700 notices).
Public Input
As of the writing of this report, City has received ten inquiries requesting additional information. At the Planning Commission hearing, two letters in support were received and one resident spoke. The resident expressed concerns over mixed-use developments potentially exacerbating homelessness and crime in the El Toro Road Corridor focus area.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Mixed-Use Ordinance, Exhibits A-I as follows:
A. Mixed-Use Ordinance
B. Foothill Ranch Planned Community Amendment
C. Pacific Commercentre Planned Community Amendment
D. Lake Forest Planned Community Amendment
E. El Toro Planned Community Amendment
F. Rancho de los Alisos Planned Community Amendment
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0 2
G. Zoning Map Amendment
H. Zoning Map Amendment
I. Zoning Map Amendment
3. Planning Commission Staff Report dated July 7, 2022
4. Planning Commission Resolution 2022-16
5. Map of Mixed-Use Focus Areas
Initiated By: Marie Luna, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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Attachment 1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA
APPROVING ZONING CODE AMENDMENT (ZC)
03-22-5511 AMENDING THE CITY’S ZONING MAP
AND VARIOUS PROVISIONS OF THE LAKE
FOREST MUNICIPAL CODE REGARDING MIXED-
USE ZONING DISTRICTS AND ASSOCIATED
REGULATIONS, DEVELOPMENT AND DESIGN
STANDARDS AND AMENDING THE FOLLOWING
PLANNED COMMUNITY TEXTS REGARDING
THE SAME: FOOTHILL RANCH, PACIFIC
COMMERCENTRE, LAKE FOREST, EL TORO,
AND RANCHO DE LOS ALISOS PLANNED
COMMUNITIES; AND DETERMINING THAT NO
ADDITIONAL ENVIRONMENTAL REVIEW IS
NECESSARY FOR THE ORDINANCE UNDER
STATE CEQA GUIDELINES SECTION 15183
WHEREAS, on June 2, 2020, the City Council of the City of Lake Forest (“City”) adopted the 2040 General Plan (the “General Plan”) —a State- mandated long -term policy document that provides a framework to guide decisions on growth, development, and conservation of open space and resources in a manner consistent with the quality of life desired by the City’s residents and business owners;
WHEREAS, the General Plan created mixed-use land use designations, which are as follows: (1) Mixed-Use 32 (MU 32); (2) Mixed-Use 43 (MU 43); (3) Mixed-Use Office (MUO); (4) Urban Industrial 25 (UI 25); and (5) Urban Industrial 43 (UI 43) (collectively the “Mixed-Use Districts”);
WHEREAS, the General Plan’s Land Use Map denotes various Mixed- Use Districts within the following areas of the City: (1) Foothill Ranch Towne Center; (2) Civic Center Area; (3) Lake Forest Drive Corridor; (4) El Toro Road Corridor, and (5) Light Industrial/Rail Corridor;
WHEREAS, this Ordinance implements the General Plan provisions set forth above by updating the Lake Forest Municipal Code (“LFMC”) to codify regulations, development, and design standards for the Mixed-Use Districts;
55136.00400\40113670.5
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WHEREAS, this Ordinance also adds standards related to the Mixed- Use Districts in the following Planned Community Texts: Foothill Ranch, Pacific Commercentre, Lake Forest, El Toro, and Rancho de Los Alisos;
WHEREAS, during the month of July 2021, the City conducted a virtual “open house” through the City’s websi te and addressed topics related to mixed-use zoning in the City’s newsletter (dated July 19, 2021). Additionally, the City held round table discussions with representatives of the development community on July 19, 2021, and conducted additional public outreach on August 3, 2021, as part of a National Night Out Event held at the Lake Forest Sports Park;
WHEREAS, on June 9, 2022, City staff mailed letters via the United States Postal Service (USPS) to all property owners whose property is being rezoned under this Ordinance;
WHEREAS, on June 24, 2022, the City gave public notice of a Planning Commission pu blic hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation;
WHEREAS, on June 27, 2022, City staff mailed public notice of a Planning Commission hearing to be held to consider this Ordinance to affected property owners and property owners within a 300-foot radius of each affected property;
WHEREAS, on July 7, 2022, the Planning Commission held a duly - noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption;
WHEREAS, on July 28, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation;
WHEREAS, on [insert], 2022 , the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
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THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. CEQA Findings. The City Council finds that the potential environmental impacts of the Mixed-Use Districts at issue in the Ordinance have already been a nalyzed in the 2040 Lake Forest General Plan Final Environmental Impact Report (2040 General Plan EIR), which the City certified in June 2020. (See 2040 General Plan EIR, State Clearinghouse No. 2019090102.) Under Public Resources Code section 21083.3 and State CEQA Guidelines section 15183, no additional environmental review is necessary for projects that are consistent with the development dens ity established by existing general plan policies for which an EIR was certified, except as might be necessary to examine whether there are project -specific significant effects that are peculiar to the project or its site. Here, no additional environmental review is necessary for the Ordinance, as the Ordinance is consistent with the development densities that were established for the Mixed- Use Districts set forth in the 2040 General Plan and that were analyzed in the 2040 General Plan EIR. The Ordinance does not propose site -specific development, but rather is a zoning code amendment to implement the 2040 General Plan. State CEQA Guidelines section 15183 provides that its provisions shall apply where, as here, the lead agency has certified an EIR for a General Plan and the project at issue is a rezoning action consistent with the general plan. (State CEQA Guidelines, § 15183(i).) The Ordinance does not require additional environmental review under CEQA because the Ordinance (1) is consistent with the development densities established in the 2040 General Plan, (2) will have no significant impacts peculiar to the Ordinance or to the parcels that it impacts; (3) will have no significant impacts that were not analyzed as significant impacts in the 2040 General Plan EIR; (4) will have no potentially significant off-site impacts or cumulative impacts that were not discussed in the 2040 General Plan EIR; and (5) will not have any impacts that were previously identified as significant impacts in the 2040 General Plan EIR, but which will have a more severe adverse impact than discussed in the 2040 General Plan EIR. The City makes this determination on the basis of the entirety of the record of proceedings, including 2040 General Plan EIR and the June 2020 Environmental Analysis prepared for Zone Change 03-22-5511.
SECTION 3. General Plan. Based on the entire record before the City Council, and all written and oral evidence presented, the City Council hereby finds that this Ordinance is consistent with the City’s adopted General Plan as it updates the City’s Zoning Code, Zoning Map, and Planned Community Texts to identify, and regulate projects within the Mixed-Use Districts—each of which were created by, and designated in, the General Plan. Additionally, the City Item: 12
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Council finds that the Ordinance is consistent with General Plan Land Use Element Goal LU-5, which seeks to establish a community featuring mixed - use activity centers located along the City’s major roadways and transportation facilities which allow for the co -location and harmonious development of housing, shopping, jobs, and public uses, by designating five focus areas identified as: El Toro Road, Lake Forest Drive, Civic Center, Foothill Ranch Towne Center, and the Light Industrial/Rail Corridor as focus areas for economic growth. Lastly, the General Plan Land Use Element establishes five Mixed-Use Land Use Designations: Mixed-Use 32 (MU 32), Mixed-Use 43 (MU 43), Mixed -Use Office (MUO), Urban Industrial 25 (UI 25) and Urban Industrial 43 (UI 43). As noted above, this Ordinance is consistent with this framework by establishing zoning and development standards for these areas in the City. For these reasons, the City Council finds that the Ordinance is consistent with the City’s adopted General Plan.
SECTION 4. Code Amendments. Title 9 of the LFMC is hereby amended as set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 5. Amendments to the Foothill Ranch Planned
Community Text. The Foothill Ranch Planned Community Text is hereby amended as set forth in Exhibit “B,” attached hereto and incorporated herein by reference.
SECTION 6 . Ame
ndments to the Pacific Commercentre Planned
Community Text. The Pacific Commercentre Planned Community Text is hereby amended as set forth in Exhibit “C” attached hereto and incorporated herein by reference.
SECTION 7. Am endments to the Lake Forest Planned Community Text. The Lake Forest Planned Community Text is hereby amended as set forth in Exhibit “D” attached hereto and incorporated here.
SECTION 8. Amendments to the El Toro Planned Community Text.
The El Toro Planned Community Text is hereby amended as set forth in Exhibit “E” attached hereto and incorporated herein by reference.
SECTION 9 . Ame ndments to the Rancho de Los Alisos Planned Community Text. The Rancho de Los Alisos Planned Community Text is hereby amended as set forth in Exhibit “F” attached hereto and incorporated herein by reference.
SECTION 1
0. Zoning Map Amendments. The Zoning Map for the City
of Lake Forest is hereby amended as set forth in Exhibits “G”, “H”, and “I” attached hereto and incorporated herein by reference.
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SECTION 11 . Effective Date. This Ordinance takes effect 30 days following its adoption.
SECTION 12. Cust odian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 100 Civic Center Drive, Lake Forest, CA 92630. The custodian of these records is the City Clerk.
SECTION 13. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that they would have adopt ed this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 14.
Certification. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Lake Forest, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933. In addition to the foregoing, a Notice of Exemption shall be filed within five days of adoption of this Ordinance.
PASSED, APPROVED, AND ADOPTED by the City Council of Lake Forest, California, on the day of 2022.
ROBERT PEQUEÑO, MAYOR
ATTEST:
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
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MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
LISA BERGLUND
CITY CLERK
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EXHIBIT A
Amendments to Municipal Code
(follows this page)
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EXHIBIT A
1. AMENDMENT TO SECTION 9.04.030
The following definitions are hereby added to Subsection (D) of LFMC Section
9.04.030:
Gross Project Area
All of the land area included within a plan for a development project excepting those areas designated as existing public and private road right-of-way.
Horizontal Mixed-Use
Development that incorporates two or more different use categories alongside one another, either in one mixed use building, or as a two or more separate buildings on one parcel.
Live/Work Units
A single unit consisting of the following two components: (1) a commercial/office, or industrial u se; and a (2) residential use. A resident of the live/work unit must occupy both components; the components shall not be occupied separately.
Mixed-Use
A parcel of land or building or structure with one or more different uses that may include, but are not limited to, residential, commercial, office, industrial, public facilities, or recreational uses. This designation allows for vertical segregation of compatible uses by floors whereby such uses share the same building or lot, or horizontal segregation of uses, where compatible uses are located next to each other.
Open Space, Common
A usable open space within a residential or Mixed-Use development reserved for the exclusive use of the residents of the development and their guests.
Common Open Spaces may be located at grade or above grade and may consist of spaces that are recreationally programmed such as roof -top gardens, conversation pits, BBQs, pools, spas, etc.
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Open Space, Pedestrian
Pedestrian open space areas in a Mixed -Use development such as plazas, parklets, and walkways that provide connectivity.
Open Space, Private
The exterior area dedicated to the exclusive use and enjoyment of a specified residential unit i.e., outdoor yards, decks and/or balconies.
Vertical Mixed-Use
Development that segregates two or more types of land uses, each on separate floors (e.g., residential, commercial, office, public facilities, or recreation) in a single building in a vertical configuration.
2. ADDITION OF NEW CHAPTER 9.73
Chapter 9.73, entitled “Mixed-Use District,” is hereby added to Title 9 of the LFMC, to read in its entirety as follows:
Section 9.73.010 - Mixed-Use Districts
The types of Mixed-Use Districts include the following: Mixed-Use 32 (MU 32), Mixed-Use 43 (MU 43), Mixed-Use Office (MUO), Urban Industrial 25 (UI 25), and Urban Industrial 43 (UI 43).
Section 9.73.020 - Mixed-Use 32 District
A. Purpose of the District.
1. The Mixed-Use 32 (MU 32) district provides for mixtures of commercial, office and residential uses in the same building, on the same parcel of land or within the same area. This district allows for horizontal mixed- use or vertical mixed-use. Single-use projects, such as projects that are all residential, or all commercial are allowed.
2. For projects that include residential and nonresidential components, the maximum density standard shall apply to the residential component and the FAR shall apply to the nonresidential component.
B. Permitted and Prohibited Uses. See Section 9.73.065, Mixed-Use Land Use Matrix, column MU 32.
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C. Site Development Standards.
1. Building Site Area: No minimum/maximum except per LFMC Section
9.144.0201.
2. The maximum FAR for the nonresidential portion of a project is 1.0:1.
3. The maximum density for the residential portion of a project is 32 dwelling units per net acre of land.
4. Maximum Building Height: 65 feet. Height limits are also subject to LFMC Section 9.144.050.
5. Minimum Residential Unit Size: 500 square feet.
6. Open Space Requirements: as set forth below:
a. Residential developments with five or more units:
i. Private: 60 square feet per residential unit.
ii. Total (private and common): 300 square feet per residential unit.
iii. Private balconies or patios shall have a minimum depth of at least five feet.
b. Non-Residential: Minimum 25 percent of the project site’s net area shall be open space.
c. Mixed-Use Developments:
i. Shall provide a total open space area consistent with the greater requirement of either a residential development or a non -residential development. Individual dwelling units shall be provided private open space consistent with
section 9.73.020(C)(6)(a)(i), which may be included in the total open space area.
ii. Thirty percent of the required open space shall be
pedestrian open space.
Section 9.73.030 - Mixed-Use 43 District
A. Purpose of the District.
1. The Mixed-Use 43 (MU 43) district provides for mixtures of commercial, office, and residential uses in the same building, on the same parcel of land or within the same area. This district allows for horizontal mixed- use or vertical mixed-use. Single-use projects, such as projects that are all residential, or all commercial are allowed.
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2. For projects that include residential and non -residential components, the density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component.
B. Permitted and Prohibited Uses. See Section 9.73.065, Mixed-Use Land Use Matrix, column MU 43.
C. Site Development Standards.
1. Building Site Area: No minimum/maximum except per section
9.144.0202.
2. The maximum FAR for the nonresidential portion of a project is 1.2:1.
3. The maximum density for the residential portion of a project is 43 dwelling units per net acre of land.
4. Maximum Building Height: 65 feet. Height limits are also subject to LFMC Section 9.144.050.
5. Minimum Residential Unit Size: 500 square feet.
6. Open Space Requirements as set forth below:
a. Residential developments with five or more units:
i. Private: 48 square feet per residential unit.
ii. Total (private and common): 300 square feet per residential unit.
iii. Private balconies or patios shall have a minimum depth of at least five feet.
b. Non-Residential: Minimum 25 percent of the project site’s net area shall be open space.
c. Mixed-Use Developments:
i. Shall provide a total open space area consistent with the greater requirement of either a residential development or a non-residential development. Individual dwelling units shall be provided private open space consistent with
section 9.73.030(C)(6)(a)(i), which may be included in the total open space area.
ii. Thirty percent of the required open space shall be
pedestrian open space.
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Section 9.73.040 - Mixed-Use Office District
A. Purpose of the District.
1. The Mixed -Use Office (MUO) district provides for high -intensity business parks, office uses, and light industrial uses including a variety of businesses that support office -oriented employment opportunities and services at intensities higher t han those allowed in the Business Park or Professional Office designations.
B. Permitted and Prohibited Uses. See Section 9.73.065, Mixed-Use Land Use Matrix, column MUO.
C. Site Development Standards.
1. Building Site Area: No minimum except per section 9.144.020.
2. The maximum FAR is 1.5:1.
3. Maximum Building Height: 65 feet. Height limits are also subject to LFMC Section 9.144.050.
4. Open Space Requirements as set forth below:
a. Minimum 25 percent of the project site’s net area shall be open space.
b. Pedestrian Open Space. 30 percent of the required open space shall be pedestrian open space.
Section 9.73.050 - Urban Industrial 25 District
A. Purpose of the District.
1. The Urban Industrial 25 (UI 25) district provides for mixtures of office, commercial, light industrial and residential uses in the same building, on the same parcel of land or within the same area. This district allows for horizontal mixed-use or vertical mixed-use. Single-use projects, such as projects that are all residential, all professional office, or all light industrial are allowed.
2. For projects which include residential and nonresidential components, the residential density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component. including, open space.
B. Permitted and Prohibited Uses. See Section 9.73.065, Mixed Use Land Use Matrix, column UI 25.
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C. Site Development Standards.
1. Building Site Area: No minimum except as noted in Section 9.144.020.
2. The maximum FAR for the nonresidential portion of a project is 1:0.1.
3. The maximum density for the residential portion of a project is 25 dwelling units per net acre of land.
4. Maximum Building Height: 65 feet for buildings with only residential use or buildings with non-residential uses on the entire first floor and residential uses on the upper floors. Height limits are also subject to Section 9.144.050.
5. Maximum Building Height: 35 feet for buildings with only non-residential uses. Height limits are also subject to Section 9.144.050.
6. Minimum Residential Unit Size: 500 square feet.
7. Open Space Requirements as set forth below:
a. Residential:
i. Private: 72 square feet per residential unit.
ii. Total (including private and common): 300 square feet per residential unit.
iii. Private balconies or patios shall have a minimum depth of at least five feet.
b. Non-Residential Open Space Requirements: Minimum 15
percent of the project’s net area shall be open space.
c. Mixed-Use:
i. Shall provide a total open space area consistent with the greater requirement of either a residential development or a non-residential development. Individual dwelling
units shall be provided private open space consistent
with section 9.73.050(C)(7)(a)(i), which may be included in the total open space area.
ii. Thirty percent of the required open space shall be
pedestrian open space.
Section 9.73.060 - Urban Industrial 43 District
A. Purpose of the District.
1. The Urban Industrial 43 (UI 43) district provides for mixtures of office, commercial, light industrial and residential uses in the same building, on the same parcel of land or within the same area. This district allows for horizontal mixed-use or vertical mixed-use. Single-use projects, such Item: 12
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as projects that are all residential, professional office, or all light industrial are allowed.
2. For projects which include residential and nonresidential components, the residential density requirements shall apply to the residential component and the FAR shall apply to the nonresidential component.
B. Permitted and Prohibited Uses. See LFMC Section 9.73.065, Mixed-Use Land Use Matrix, column UI 43.
C. Site Development Standards.
1. Building Site Area: No minimum except as noted in Section 9.144.020.
2. The maximum FAR for the nonresidential portion of a project is 1.2:1.
3. The maximum density for the residential portion of a project is 43 dwelling units per net acre of land.
4. Maximum Building Height: 65 feet for buildings with only residential use or buildings with non-residential uses on the entire first floor and residential uses on the upper floors. Height limits are also subject to LFMC Section 9.144.050.
5. Maximum Building Height: 35 feet for buildings with only non-residential uses. Height limits are also subject to LFMC Section 9.144.050.
6. Minimum unit size: 500 square feet.
7. Open Space Requirements as set forth below:
a. Residential with five or more units:
i. Private: 48 square feet per residential unit.
ii. Total (private and common): 300 square feet per residential unit; and
iii. Private balconies shall have a minimum depth of at least five feet.
b. Non-Residential Open Space Requirements: Minimum 15
percent of lot area shall be open space.
c. Mixed-Use:
i. Shall provide a total open space area consistent with the greater requirement of either a residential development or a non-residential development. Individual dwelling units shall be provided private open space consistent with
section 9.73.060(C)(7)(i), which may be included in the total open space area.
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ii. Thirty percent of the required open space shall be
pedestrian open space.
LFMC Section 9.73.061 - Mixed-Use Building Setbacks.
4. Table 9.73.061 Mixed-Use Zoning Building Setbacks
“Arterial Roadway” means an Arterial Roadway as designated on the City’s General
Minimum Building Setbacks (in feet)
From Property Line Abutting
a Street (Ultimate Street
Right-of-Way Line)
From Property Line Not
Abutting a Street
Zoning
District
From
Arterial
Roadway
From
(Non-Arterial)
Streets
From Property
Line adjacent
to a Parcel
with a Single-
Family
Residential
Unit
From Property
Line
(not adjacent
to a Parcel
with a Single-
Family
Residential
Unit)
MU 32
Non-Residential1 15 10 25 10
Residential2 25 10 25 10
MU 43
Non-Residential1 15 10 25 10
Residential2 25 10 25 10
MUO
Non-Residential 15 10 25 10
UI 25
Non-Residential1 15 10 25 10
Residential2 25 10 25 10
UI 43
Non-Residential1 15 10 25 10
Residential2 25 10 25 10
1. This regulation pertains to either a single-use non-residential building or the portion of a mixed-use building that is used for non-residential purposes.
2. This regulation pertains to either a single-use residential building or the portion of a mixed-use building that is used for residential purposes or ancillary residential purposes (residential amenities, residential lobby, etc...) Plan Mobility Network Map (for Zoning Code purposes only). Includes, but is not limited to, principal arterial, major arterial, primary arterial, and secondary arterial.
Section 9.73.062 – Mixed-Use Zoning Building Design and Articulation The following site development standards shall apply to all Mixed-Use zoning districts.
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A. Architectural projections, including but not limited to balconies, decks, porches, terraces, exterior steps, exterior stairways, eaves, cornices, canopies, cantilevered roofs, chimneys, fireplaces, and other minor architectural features shall be allowed in accordance with LFMC Section
9.144.6-8.
1. All buildings shall have minor massing breaks at least every 50 feet along the street frontage, using v arying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of 12 inches deep and four feet wide and extend the full height of the building.
2. Buildings over three stories tall shall have major massing breaks at least every 50 horizontal feet. Use varying setbacks and/or building entries along any street frontage, adjacent public park, publicly accessible outdoor space or designated open space to break-up the building mass.
Major breaks are at least 30 inches deep and four feet wide and extend the full height of the building, as shown in Figure 9.73.062.A, below.
Figure 9.73.062.A
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3. Rooflines, whether pitched or flat, shall be vertically articulated at least every 50 linear feet along the street frontage, using architectural elements such as parapets, cornices, reveals, clerestory windows, and varying roof height and/or form.
4. Buildings over three stories tall shall provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75 percent of the building façade with frontage upon a street, public park, or public open space.
5. Trim surrounds or recessed windows shall be provided at all exterior doors and windows.
6. Pedestrian access shall be provided from sidewalks to all building entries, parking areas, and publicly accessible open spaces.
8. At least 75 percent of the non-residential building façade frontage facing a public street, or parking lot shall be devoted to pedestrian -oriented features (e.g., storefronts, transparent windows, pedestrian entrances, landscaping, etc.).
LFMC Section 9.73.063 – Mixed-Use Site Development Standards
The following site development standards shall apply to all mixed -use zoning districts.
A. Enclosed Uses:
All mixed-uses and their related products, such as shipping and storage containers, mechanical equipment, and landscape equipment and materials, shall be contained entirely within a completely enclosed structure, except for parking and loading areas and except for outdoor uses expressly permitted by an approved site development permit or use permit.
B. Fences and Walls, Maximum Height:
Fences and walls shall be in accordance with LFMC Section
9.144.080.5
C. Landscaping:
Landscaping shall be in accordance with LFMC Section 9.144.060.
D. Loading:
All loading operations shall be performed on the site and loading areas shall be screened by a landscape or architectural feature.
E. Off-Street Parking:
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Off-street parking facilities shall be provided for all mixed -use uses in compliance with LFMC Chapter 1.68 and comply with all of the following:
1. The minimum number of off-street parking spaces required shall be in compliance with the listed requirements set forth for each general category of land use as.
i. Parking for commercial, office and industrial uses shall be provided in accordance with in LFMC Section 9.168.070.
ii. Parking for residential uses shall be provided in accordance with LFMC Section 9.168.040(D)(2), Residential Off-Street Parking Requirements.
2. Guest parking for mixed -use residential shall be in accordance with LFMC Section 9.168.040(D)(4), Off Street Parking Requirements – Guest Parking.
3. The calculation of required parking spaces for mixed -use development that includes residential, commercial, office, and industrial uses shall be based upon the parking required for each individual use within the development. Through the entitlement process, the applicant may apply for shared parking in accordance with LFMC Section 9.168.090.
4. Required parking spaces shall not be considered as a queuing space.
5. Parking Facility Design: Size of parking stalls and their design in shall be in accordance wit h LFMC Section 9.168.060, Design Standards.
6. Vehicular Access and vehicular access standards shall be in accordance with LFMC Section 9.168.040, Residential Off- Street Parking Requirements, and as applicable with LFMC Section
9.168.050, Industrial, Commercial, Professional and Institutional Off- street Parking Requirements.
7. Off-Street Parking Stall and Access Standards shall be in accordance with LFMC Section 9.168.080.G.4, Vehicular Access Standards.
8. Parking areas, covered and uncovered, shall be s creened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. Landscaping for screening purposes shall comply with the requirements and regulation of LFMC Section 9.144.060.2.
Item: 12
815
19 of 52
F. Outdoor Lighting:
Outdoor lighting shall be designed and installed so that lighting is confined to the site, and glare onto adjacent properties is minimized to the extent possible.
G. Pedestrian Walkway Design:
Pedestrian walkways shall have a minimum width of six feet.
H. Rooftop Equipment:
All rooftop equipment, including, but not limited to, heating, ventilation and air conditioning units, shall be screened from view from the public right-of-way.
I. Screening:
Screening shall be provided in accordance with LFMC Section
9.144.060 as well as the requirements listed below:
1. Above ground utilities, such as fire sprinkler risers, control boxes, meters, and valves shall be placed within the building or at the side of the building and hidden from public view within an enclosure or screened by landscaping.
2. Piping or conduit serving above-ground utilities shall not be attached to the building exterior unless fully integrated/screened.
J. Trash, Storage, and Mailbox Areas:
1. All storage of cartons, containers and trash shall be enclosed by a wall not less than six feet in height. If unroofed, no such area shall be located within forty feet of any district zoned for residential or agricultural uses.
2. Trash drop stations shall be provided within residential buildings and within enclosed areas accessible to all dwelling units and to trash pickup trucks.
3. Trash disposal stations provided outdoors shall be hidden from public view within an enclosure or screened by landscaping.
4. The location of the trash enclosures on non-residential sites shall be approved by the City’s trash service provider prior to project submittal. Evidence of approval shall be submitted to the City in conjunction with development entitlement applications.
5. Outdoor mailboxes shall use the same colors as the main building’s structure. Mailbox locations shall be approved through the U.S.
Postal Service. Evidence of approval shall be submitted to the City in conjunction with development entitlement applications.
Item: 12
816
20 of 52
6. Indoor mailboxes shall be provided within the residential building’s ground floor and shall accommodate refrigerated lockers, as well as regular lockers to accommodate delivery of packages and food items.
K. Vibration:
No Machine, process or operation shall produce a vibration that can be objectively measured with instruments at or beyond a property line of the building site upon which the source is located.
L. Waste Management:
Waste management and hazardous materials disclosure shall be in compliance with LFMC Section 9.146.040.
LFMC Section 9.73.064 Exceptions
Exceptions to the development regulations contained in this LFMC Section
9.73 may be requested with respect to site area dimensions, yards, projections, open space, and height of structures using the Conditional Use Permit (CUP) process in accordance with LFMC Section 9.184.020(C).
LFMC Section 9.73.065 Mixed-Use Land Use Matrix.
Any use not permitted in LFMC Section 9.73.065 Mixed-Land Use Matrix, is specifically prohibited, except as otherwise provided by State or federal law or as interpreted by the Director of Community Development, or Planning Commission.
Table 9.73.065 MIXED-USE LAND USE MATRIX
Use MU 32 MU 43 MUO UI 25 IU 43
Administrative Office P P P P P
Adult Day Program S S S U U
Adult Business P2 P2 P2 P2 P2
Agriculture X X X X X
Agriculture Employee Quarters X X X X X
Alcohol Sales for Off-site
Consumption
U20 U 20 U 20 U 20 U 20
Item: 12
817
21 of 52
Ambulance Dispatch Facility X X X U U
Animal Clinic or Hospital S3 S3 S3 S3 S3
Animal Hospital, livestock X X X X X
Apiary X X X X X
Assembly of Component or
Finished Products
P P P P P
Assembly, non-commercial,
occupancy of 100 persons or
less
S S S S S
Assembly, non-commercial,
occupancy of more than 100
persons
S S S U U
Athletic Club P P P U U
Athletic Facility, indoor S S S U U
Athletic Facility, outdoor U U U U U
Auction House U U U U U
Auto Broker, no vehicles on-
site
P P P P P
Auto Repair, Heavy X X X U U
Auto Repair, light U U P P P
Automated Teller Machine
(ATM)
S S S A1 A1
Automobile Sales and Rentals,
with 3 or more vehicles on-site
U U U U U
Automobile sales and rentals,
with 2 or fewer vehicles on-site
S S S S S
Automobile Wholesale with no
vehicles on-site
P P P P P
Automobile fueling station S S S S S
Automobile wrecking and
salvage yard
X X X X X
Item: 12
818
22 of 52
Bar, Cocktail Lounge U U U U U
Barber and Beauty Shop U U U U U
Billiards Parlor U U U U U
Brewery U U U U U
Caretaker Quarters X X X U U
Car Wash U U U U U
Catering Facility P P P P P
Cemetery X X X X X
Christmas Tree Sales Facility P6 P 6 P 6 P 6 P 6
Churches, Temples, Religious
Institutions and Other Places of
Worship
S S S S S
Civic or Government Use S S S S S
Club/Meeting Hall occupancy
of 100 persons or less
S S S S S
Club/Meeting Hall, occupancy
of more than 100 persons
S S S U U
Commercial Extraction X X X X X
Commercial Filming P8 P 8 P 8 P 8 P 8
Commercial Recreation Indoor S S S U U
Commercial Recreation
Outdoor
U U U U U
Composting Facility X X X X X
Concrete Batch Plant X X X X U
Conference Center S S S U U
Conservation Area X X X X X
Item: 12
819
23 of 52
Construction Trailer P6 P6 P6 P6 P6
Contractor Storage Yard X X X U U
Convalescent Home U U U U U
Copy Service, Small P P P P P
Copy Service, Large X X X P P
Cyber Café P10 P10 P10 P10 P10
Day Care Center A day care center is only allowed subject to a Use Permit in a non-residential portion of Mixed-Use
projects. A Day Care Center is not to be equated
with a Family Day Care which takes place in a
residential unit and is governed by California Health
and Safety Code Section 1597.45.
Dog Daycare U3,12 U3,12 U3,12 U3,12 U3,12
Donation Center, Attended U U U U U
Donation Collection Boxes P P P P P
Distribution Facility X X X U U
Drive-Through S S S S S
Dry Cleaning and Laundry P P P P P
Dry Cleaning and Laundry
Plant
X X X P P
Educational Institution U U U U U
Emergency Health Service
Facility
U U U U U
Emergency Shelter X X X P9 P9
Family Daycare Home Only as permitted by California Health and Safety Code Section 1597.45
Farmer's Market S S S S S
Item: 12
820
24 of 52
Financial Institution P P P P P
Fortune Telling P P P P P
Freight Terminal and/or
Transfer Station
X X X U U
Funeral Home U U U U U
Golf Course X X X X X
Grazing X X X X X
Health Club P P P U U
Heliport U U U U U
Helistop U U U U U
Hookah Lounge U U U U U
Hospital U U U U U
Hotel S S S S S
Instructional Studio P P P P P
Kennel U3,11 U3,11 X U3,11 U3,11
Light Night Use U U U U U
Laundry Facility, Coin-
Operated
P P X P P
Laundry Plant X X X P P
Library P P P P P
Live/Work S S X S S
Manufacturing X X X P P
Marijuana Testing Lab X X X X X
Item: 12
821
25 of 52
Massage Establishment U14 U14 U14 U14 U14
Materials Recovery Facility X X X X X
Mausoleum X X X X X
Medical Office P P P P P
Mining X X X X X
Minisatellite Wagering Facility U U U U U
Mortuary U U U U U
Movie Theater S S S U U
Museum P P P P P
Nightclub U16 U16 U16 U16 U16
Nursery U U X U U
Office, Administrative,
Business or Professional
P P P P P
Office, Medical P P P P P
Open Space P P P P P
Outdoor Dining A1 A1 A1 A1 A1
Outdoor Display S S S S S
Outdoor Storage S S S S S
Outdoor Vending P5 P5 P5 P5 P5
Parking Lot or Structure S S S S S
Park P P P P P
Pawnbroker P17 P17 P17 P17 P17
Personal Care Service P P P P P
Item: 12
822
26 of 52
Pet Grooming P3 P3 P3 P3 P3
Pet Shop P3 P3 P3 P3 P3
Pharmacy P P P P P
Playground A1 A1 A1 A1 A1
Power Supply Facility P18 P18 P18 P18 P18
Public Utility P P P P P
Pumpkin Sales P6 P6 P6 P6 P6
Quarrying X X X X X
Quarters for Employee
Temporary Use
X X X X X
Recreational Vehicle Storage X X X U U
Recycling Collection Facility,
Accessory
P P P P P
Recycling Collection Facility,
Minor
U U X U U
Recycling Collection Facility,
Major
X X X U U
Rental, Repair & Storage Yard
for Construction, Farming and
Industrial Vehicles/
Equipment
X X X U U
Research, Testing and
Development Lab
P P P P P
Residential, Single-Family
Dwellings
X X X X X
Residential, Multi-Family
Dwelling Units
S S X S S
Restaurant P P P P P
Restaurant with Bar P P P P P
Retail Business P P P P P
Item: 12
823
27 of 52
Retail Business, Internet P P P P P
Riding and Hiking Trail P P P P P
School, Commercial or
Vocational
U U U U U
Second-Hand Dealer P P P P P
Self-Storage U U U U U
Service Business P P P P P
Shooting Range, Indoor X X X U U
Shooting Range, Outdoor X X X X X
Single-Room Occupancy
(SRO)
S13 S13 X S13 S13
Single Season Agricultural
Sales
P6 P6 P6 P6 P6
Smog Check U U U P P
Smoke Shop P P P P P
Smoking Lounge U U U U U
Solid Waste Transfer Station X X X X X
Specialty Automotive Repair or
Service, Heavy
X X X U U
Specialty Automotive Repair or
Service, Light
U U U P P
Stable, Commercial X X X X X
Storage Container S6 S6 S6 S6 S6
Storage of Automobiles,
Trucks, Trailers, Boats,
Motorcycles and Other Types
of Vehicles and Equipment
X X X U U
Item: 12
824
28 of 52
Studio for Motion Picture,
Video, Audio, and Television
Recording
P P P P P
Surface Mining X X X X X
Swap Meet/Flea Market U U U U U
Swim Facility U U U U U
Tattoo Studio P P P P P
Temporary Commercial
Building
S6 S6 S6 S6 S6
Theatre U U U U U
Thrift Store P P P P P
Towing Facility X X X U U
Utility, Public or Private P P P P P
Vending Machine, Indoors A1 A1 A1 A1 A1
Vending Machine, Outdoors S S S S S
Veterinary Office S3 S3 S3 S3 S3
Warehouse X X X P P
Welding Shop X X X P P
Wholesale Business X X A1 P P
Winery U U U U U
Wireless Communication
Facility
P14 P14 P14 P14 P14
Wholesale Nursery U U X U U
A = Permitted as an accessory use
P = Permitted Use
S = Permitted with a Site Development Permit (SDP)
U = Permitted with a Use Permit (U)
Item: 12
825
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X = Prohibited Use
Footnotes
1. The accessory use shall be incidental, related and clearly subordinate to the main use of the lot or building. Must not comprise more than fifteen (15) percent of the total floor area of principal use.
2. Subject to regulations in Chapter 9.08 (Adult Business Zoning Regulations).
3. Subject to regulations in Section 9.146.020 (Animal Hospitals and Clinics).
4. Subject to regulations in Chapter 9.228 (Canyon Commercial District).
5. Subject to regulations in Chapter 9.182 (Outdoor Vending on Private Property).
6. Subject to regulations in Section 9.144.070 (Temporary Uses and Structures).
7. (Deleted)..
8. Subject to regulations set forth in Baker Ranch Planned Community Section V and LFMC Chapter 9.150 (Surface Mining and Land Reclamation Regulations).
9. Subject to regulations in Section 5.28.150 (Permit requirements for commercial motion picture productions, television productions and still photography).
10. Subject to regulations in Section 9.146.120 (Emergency Shelters).
11. Subject to regulations in Chapter 5.34 (Cyber Cafés).
12. Subject to regulations in Section 9.146.030 (Pets and Animals).
13. Subject to regulations in Section 9.156.040 (Single-Room Occupancy).
14. Subject to regulations in Chapter 9.162 (Wireless Communication Facilities).
15. Subject to regulations in Chapter 5.07 (Massage Establishments).
16. (Deleted).
17. Subject to regulations in Chapter 5.36 (Entertainment Permits).
18. Subject to regulations in Section 5.02.020 (Licenses Required).
19. Subject to regulations in Chapter 9.166 (Cable System Power Supply Facilities Design and Placement).
20. A limited amount of service commercial and restaurant uses are allowed in the Business Park Zone of the Pacific Commercentre Planned Community. See exception noted in Section II.B. of the Pacific Commercentre Planned Community.
21. Subject to regulations in Section 9.146.130 (Additional Findings for the Sale of Alcohol for Off-Site Consumption).
The sale of alcohol for off-site consumption may also be subject to the City Council policy regarding public convenience or necessity, as amended.
22. Subject to regulations provided in Chapter 9.142 (Donation Collection Boxes).
23. Marijuana testing labs rendered legal nonconforming by Ordinance No. 347 are subject to regulations provided in Chapter 5.42 (Marijuana Testing Labs).
3. AMENDMENT TO SECTION 9.160.020
The definition for “Mixed-Use Development” provided in Section 9.160.020 of the LFMC is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“Mixed-Use Development”: Appropriate land uses include, but are not limited to, residential, commercial, office, industrial park, civic, cultural, educational facilities, and child care facilities day care centers.”
4. AMENDMENT TO LFMC SECTION 9.160.040
The table provided in subsection (A)(1) of LFMC Section 9.160.040 is hereby amended to read as follows (additions shown in underline):
Land Use Percentage of Total Provided
Parking Spaces
Commercial 30 percent
Office/Professional 85 percent
Item: 12
826
30 of 52
Industrial 90 percent
Mixed Use For commercial/industrial portions of
Mixed-Use development the
percentage of employee parking
provided shall be consistent with the
percentages applied above to
Commercial, Office/Professional, and
Industrial land uses.
5. AMENDMENT TO LFMC SECTION 9.166.055
LFMC Section 9.166.055(A), Land use/zoning district and location preference for all facilities, is hereby amended to read as follows: (additions shown in underline):
“A District preference:
1. Industrial/business park zoning district;
2. Commercial zoning district;
3. Common areas/private property;
4. Residential zoning district;
5. Mixed-Use districts.”
6. AMENDMENT TO LFMC SECTION 9.60.010.
LFMC Section 9.60.010 of the LFMC is hereby amended to read as follows (additions in underline and deletions in strikethrough):
“LFMC Section 9.60.010 Purpose
A. Purpose. In accordance with State Law (California Government Code §65913.4), the purpose of this code LFMC Section 9.60.020 is to establish Multifamily Residential Objective Design Standards which are intended to provide developers, builders, and architects with a clear standard of the desired site design characteristics for new multifamily residential development in Lake Forest. Consistent with existing State law, objective design standards are those that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.
B. Applicability and Review. The provisions of this code LFMC Section
9.60.020 apply to all multifamily residential projects, except those located in the and General Plan Mixed Use areas MU 32, MU 43, UI 25, and UI 43 zones which are instead governed by Chapter 9.73.
Item: 12
827
31 of 52
i. Ministerial Review. Where California law requires that the design of a project be reviewed only against objective standards, the Objective Design Standards will serve as the criteria for design review. Projects that qualify for streamlined housing in accordance with Senate Bill 35 (as codified in California Government Code §65913.4) may, upon applicant request and demonstration of eligibility, qualify for streamlined and ministerial processing.
ii. Discretionary Review. If a project is subject to design review and is not required by State law to be reviewed only against objective standards, it is subject to discretionary design review and findings, which are described in Chapter 9.184 of the LFMC. In such case, the project will be reviewed for conformance with these Objective Design Standards, site development standards, and any other design guidelines that apply.
C. Relationship to Other Regulations. All development must comply with the site development standards of Title 9 (the Zoning Ordinance).
Projects subject to SB 35 streamlining must comply with these Objective Design Standards and with objective development standards of the Zoning Ordinance.”
Item: 12
828
32 of 52
EXHIBIT “B”
(Amendments to the Foothill Ranch Planned Community Text)
1. Amend Table of Contents.
The entry for Section “XV” in the Table of Contents is hereby amended to read in its entirety as follows:
“Section Title Page
…
XV Mixed-Use Development Standards 51
…”
2. Amend Definitions.
The definition for “Mixed-Uses” in Section XXIV (Definitions) is hereby amended to read in its entirety as follows:
“Mixed-Uses: shall have the same meaning as defined in LFMC Section
9.04.030, as it may be amended from time to time.”
3. Add New Section XV.
Section “XV” is hereby added to page 51, and shall read in its entirety as follows:
“Section XV
Mixed-Use Development Standards
Mixed-use projects shall be subject to the regulations set forth in Section
9.73 of the LFMC, as it may be amended from time to time.”
4. Revise Statistical Summary.
The “Planning Areas” statistical summary table in Section XXV is hereby replaced in its entirety with the table attached hereto: Attachment B-1.
Item: 12
829
33 of 52
5. Amend Map.
The County of Orange map adjacent to the “Planning Ar eas” statistical summary table in Section XXV is hereby replaced in its entirety with the map attached hereto as Exhibit B.
Item: 12
830
.
FOOTHILL RANCH
PLANNED COMMUNITY
DEVELOPMENT PLAN
ZONING CLASSIFICATIONS (PLANNING AREAS)
D
-
RESIDENTIAL (1, 2, 3, 8A) INDUSTRIAL (11, 12, 13, 14, 15,16) COMMERCIAL(7,8B,9,10) - OPEN SPACE (17, 18, 19, 20,21)
- URBAN ACTIVITY (4, 5) -- MIXED-USE 32 (6A)
- MIXED-USE 43 (6B)
'
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Revised 6/1/2022 JM
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EXHIBIT
34 of 52
F001lffl.l.. RANCH PLANNED " STATISTICAL SUMMARY
Planntna
Area
Zoning
Classlficallon
Gross
Acre1
NetAcres1 Maximum
DweRlng
Unltl(DUJ
Maximum
Den11ty
(DU/Net
Acrel
1 Residential 252.70 194.78 1,742 8.9
2 Residential 237.52 182.74 1,183 8.5
3 Residential 54.00 44.03 575 13.1
4 Urban Activity 16.49 11.14 100 9.0
5 Urban Activity 27.09 18.74 300 16.0
6A Mixed-Use 43 119.31 87.20 3749 43.0
6B Mixed-Use 32 31.54 28.30 905 32.0
7 Commercial 13.51 10.87 NIA NIA
8A Residential 21.15 18.74 219 11.69
88 Commercial 41.85 24.58 NIA NIA
9 Commercial 33.27 24.27 NIA NIA
10 Commercial 29.65 18.89 NIA NIA
11 lndUSlrlal 50.25 41.36 NIA NIA
12 lndUstrial 159.17 128.34 NIA NIA
13 Industrial 92.13 78.94 NIA NIA
14 lndUslrial 55.07 44.80 NIA NIA
15 lndusbial 28.73 22.00 NIA NIA
16 Industrial 46.25 23.88 NIA NIA
17 Open Space 49.81 47.19 NIA NIA
18 Open Space 110.65 102.05 NIA NIA
19 Open Space 112.33 103.12 NIA NIA
20 Open Space 51.27 51.27 NIA NIA
21 Open Space 1 099.25 1,099.25. NIA NIA
Total 2,747.01 2.372.98 8,773
1. "NetAaes" does nol include Ille City's nghl-<lf.way.
Nole: "Gross Aaes" and 'Net Aaes" were ,..xlated based on dala from City's Geographic Information S_,,,., IGISt U. .......... ,JM6/1122
Item: 12
831
35 of 52
EXHIBIT “C”
(Amendments to the Pacific Commercentre Planned Community Text)
1. Amend Table of Contents
The Table of Contents is hereby amended to add new row for Chapter VII, which shall read as follows:
Table of Contents
Page
Chapter VII: Mixed-Use Zoning Regulations 36
2. Amend Summary Comparison to Zoning Code
amended to add a new paragraph, which shall be located between the “Light Industrial Regulations” and “Open Space” paragraphs and read as follows:
“Mixed-Use Regulations
All land uses zoned Mixed-Use shall be subject to the regulations set forth in Section 9.73 of the LFMC, as it may be amended from time to time.”
3. Amend Chapter I: General Provisions and Regulations
The “Standard Provisions” in Chapter 1 are hereby amended to add a new entry number 12, which shall read as follows:
“
….
12. All land uses zoned Mixed-Use within the Pacific Commercentre Planned Community are subject to LFMC Section 9.73, as it may be amended from time to time.”
Item: 12
832
36 of 52
4. Amend General Regulations
The “General Regulations” in Chapter 1 are hereby amended to add a new entry number 29, which shall read as follows:
“
…
29. All land uses zoned mixed -use within the Pacific Commercentre Planned Community are subject to LFMC Section 9.73, as it may be amended from time to time.”
Add number 29 to the listing, and state: “All land uses zoned mixed-use within the Pacific Commercentre Planned Community are subject to LFMC Section 9.73.”
5. Add Chapter VII: Mixed-Use Zoning Regulations
Chapter VII is hereby added to page 37, which shall read as follows:
“Chapter VII – Mixed Use Zoning Regulations
Properties zoned Mixed-Use Urban Industrial 25 (UI 25) are subject to the Mixed-Use Zoning Regulations in LFMC Section 9.73, as it may be amended from time to time.”
6. Revise Statistical Summary and Map
a. The Pacific Commercentre Planned Community Development Map legend is hereby replaced in its entirety with the map attached hereto as Exhibit C.
b. The Pacific Commercentre Planned Community Statistical Summary table is hereby replaced in its entirety with the table attached hereto as Exhibit C.
Item: 12
833
0 500 1,000 1,500
Revised 5/13/22 JM
PACIFIC COMMERCENTRE
PLANNED COMMUNITY
DEVELOPMENT PLAN
PLANNING AREA 1: BUSINESS PARK
PLANNING AREA 4: OPEN SPACE
PLANNING AREA 5: URBAN INDUSTRIAL 25
N
A
----===== Feet
PlanningI
Area
PACIFIC COMMERCEN
STATISTICAL SUll'NARY
.---
2 3
4 5
Total
1. 'Net Acres" does not indude the City's nght-of-way
1 Note: "Gross Acres' and 'Net Acres' were updated based on data from City's 1ral)llic Information Systems (GIS). Updated JM 5113/2022
1-:,:-· ,_
EXHIBIT C
37 of 52
Zoning
ClasslflcaUon
Business Park
Gross
Acree
NetAcres1
Maximum
Dwelling
Unite
(DU}
Maximum
Density
(DU/Net
Acre
75.83 57.97 NIA NIA
High Technology 82.23 73.63 NIA NIA
Light Industrial 163.25 140.88 NIA NIA
Open Space 73.54 72.27 NIA NIA
Urban Industrial 25 38.18 34.42 860 25.0
433.03 379.17 860
Item: 12
834
38 of 52
EXHIBIT “D”
(Amendments to Lake Forest Planned Community Text)
1. Amend Table of Contents
The Table of Contents is hereby amended to add a new row for Section XIX, which shall read as follows:
“ Table of Contents
Section Page
…
“XIX Mixed-Use Zoning Regulations 46”
2. Replace Statistical Summary Table, Chapter II.
The “Statistical Summary” pages that directly follow the “Purpose” section on page 2 are hereby replaced with the table attached hereto as Attachment D-1.
3. Add Chapter XIX: Mixed-Use Zoning Regulations
Chapter XIX is hereby added to page 46, which shall read in its entirety as follows:
“Chapter XIX – Mixed-Use Zoning Regulations
Properties illustrated in the zoning map provided below and identified as Planning Area 14A, and zoned Mixed -Use Office (MUO), Planning Areas 14B, and 16A, and zoned Mixed-Use 43 (MU 43), and Planning Area 16B, and zoned Urban Industrial 25 (UI 25), are subject to the Mixed-Use Zoning Regulations in LFMC Section 9.73, as it may be amended from time to time.”
4. Add the Zoning map attached (to this ordinance) as Attachment D- 2 to Chapter XIX.
The Zoning Map depicted in Attachment D-2 to Chapter XIX is hereby added.
Item: 12
835
39 of 52
5. Replace Final Page’s Statistical Summary and Map
a. The Lake Forest Planned Community Statistical Summary table located on the final page of the Lake Forest Planned Community Text is hereby replaced in its entirety with the table attached hereto as Attachment D-2:
b. The County of Orange map adjacent to the “Planning Areas” statistical summary table on the last page of the Lake Forest Planned Community Text is hereby replaced in its entirety with the map attached hereto as Exhibit D.
Item: 12
836
A
0 1,000 2,000
----===::iFeet
Revised 61112022 JM
N
l
,·
21 LAKE FOREST
PLANNED COMMUNITY
DEVELOPMENT PLAN
ZONING CLASSIFICATIONS (PLANNING AREAS)
MEDIUM DENSITY RESIDENTIAL
(18, 2A, 28, 3A, 4A, 48, 5A, 58, 5C,I
6A, 6C, 6D, 8A, 9A, 98, 9C,10A, 108,
10C, 10D, 10E, 10F, 11D, 121, 120. 138,
13C,17A,18A,188,19A,218,21C)
HIGH DENSITY RESIDENTIAL
(1A, 7A, 118, 11C, 12A, 128, 12C,
12D, 12E, 12F, 12G, 12H, 12J, 12L,
12N, 12P, 12Q, 13A, 20A, 208, 20C,
20D, 20E, 20F)
HEAVY DENSITY RESIDENTIAL
(11A, 12M, 14C)
COMMUNITY COMMERCIAL
(2C, 68, 12S, 15A, 20H)
NEIGHBORHOOD COMMERCIAL
(3B, 8B, 19C, 21A, 22A)
MIXED-USE OFFICE
(14A)
MIXED-USE 43
(14B,16A)
URBAN INDUSTRIAL 25
(168)
COMMUNITY FACILITY
(12K, 12R, 19B)
OPEN SPACE
(20G, 210, 21E)
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40 of 52
-
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-D
D
D
-
Item: 12
837
41 of 52
EXHIBIT D, ATTACHMENT 2
- . - - - - - ·-
LAKE FOREST PLANNED COMMUNITY
STATISTICAL SUMMARY
Planning
Area
Zoning Classification Gross
Acres
Net Acres' Maximum
Number of
Dwelling
Units /DUI
Maximum
Density
(DU/Net Acre)
1A Hian Densitv Residential 31.31 21.72 286 13.2
18 Medium DensilY Residential 1.57 0.89 5 5.6
2A Medium DensHv Residential 48.22 34.62 195 5.6
28 Medium Densilv Residential 9.9.2 9.39 28 3.0
2C Communilv Commercial 7.98 6.58 NIA N/A
3A Medium DensilY Residential 28.57 20.35 114 5.6
38 Neiahborhood Commercia! 1.78 1.07 NIA NIA
4A Medium Densil\l Residential 37.37 27.29 138 5.1
48 Medium Densil\l Residential 6.05 6.05 90 14.9
5A Medium Densil\l Residential 30.68 24.12 108 4.5
58 Medium Densilv Residential 9.01 9.01 School N/A
5C Medium Densilv Residential 6.38 6.38 77 12.1
SA Medium Densitv Residential 22.43 17.24 121 7.0
68 Communitv Commercial 8.59 8.06 NIA NIA
SC Medium DensilY Residential 39.28 36.15 213 5.9
6D Medium Density Residential 9.31 7.21 59 8.2
7A Hiah Densilv Residential 25.23 13.97 250 17.9
SA Medium Densilv Residential 57.41 49.87 233 4.7
88 Neiohborhood Commercial 2.71 1.66 NIA NIA
9A Medium DensilY Residential 14.73 9.61 74 7.7
98 Medium DensilY Residential 10.60 8.89 School NIA
9C Medium Density Residential 76.57 69.65 243 3.5
10A Medium Densitv Residential 51.16 48.99 195 4.0
108 Medium Densitv Residential 23.27 14.84 128 8.6
10C Medium Densitv Residential 15.08 14.68 91 6.2
100 Medium Densitv Reeidentia! 12.41 12.13 64 5.3
10E Medium Density Residential 30.34 28.32 104 3.7
10F Medium Density Residential 7.35 4.68 41 8.8
11A Heaw Densitv Residential 5.15 3.89 109 28.0
118 Hiuh Densilv Retldential 15.51 14.21 112 7.9
11C Hl,1h Densilv Ri> ldeniial 22.90 21136 School NIA
11D Medium Densltv Resl errual 25.00 22.69 84 3.7
12A Hlah DensflY ResidenOaJ 5.24 5.02 25 s.o
128 High Densftv Residential 9.24 5.77 44 7.6
12C Ht□h Densitv Residential 8.72 6.55 36 5.5
12D Hloh Densllv Residential 0.86 0.86 9 10.5
12E Hloh Densllv Re,,idential 2.78 1.39 10 7.2
12F Hlah Densitv Residential 11.02 8.64 62 7.2
12G Hioh Densitv Residential 2.97 2.92 21 7.2
12H Hiah Densitv Residential 3.90 3.58 67 18.7
121 Medium Densitv Residential 9.14 8.51 51 6.0
12J Hioh Densitv Residential 2.19 1.93 17 8.8
12K Communitv Facilitv 20.35 20.35 NIA NIA
12L Hioh Densitv Residential 1.22 1.22 10 8.2
12M Heavy Density Residential 5.55 4.69 118 25.2
12N Hioh Densitv Residential 1.94 1.91 17 8.9
120 Medium Densitv Residential 25.29 20.44 129 6.3
12P Hioh Densttv Residential 0.96 0.96 10 10.4
12Q Hiah Densitv Residential 1.64 1.64 10 6.1
12R Communitv Facililv 2.76 2.49 NIA NIA
12S Community Commercial 12.36 10.96 NIA NIA
13A Hioh Densitv Residential 10.92 8.31 233 28.0
138 Medium Densitv Residential 21.20 15.05 120 8.0
13C Medium Densitv Residential 113.73 76.94 581 7.6
14A Mixed-Use Office 28.26 23.60 NIA NIA
148 Mixed Use43 7.22 6.26 269 43.0
14C Heaw Densitv Residential 10.63 9.29 188 20.2
15A Communitv Commercial 9.94 8.59 NIA NIA
16A Mixed-Use 43 76.06 65.61 2821 43.0
168 Urban Industrial 25 11.37 8.41 210 25.0
17A Medium Densir.v Residential 79.68 74.88 517 6.9
18A Medium Densitv Residential 59.25 40,87 347 8.5
188 Medium Derrs/tv Residential 9.46 7.1"1 58 8.2
19A Medium D;,nsilv Residential 103.49 85.22 51.)() 5.9 198 Communltv Facilitv 32.20 32.20 NIA NIA
1·s-c Neighborhood Commercial 525 4.49 NIA NIA
20A H/oh DeosKy Residential 12.46 11.28 116 10,3
208 Hlal1Densitv Residential 13.26 10.23 100 9.8
20C Hlah [Jensllv R<1sldentlal 3:1,69 33-46 355 10.6
20D Hiah Densilv Residential 14.64 11.71 102 8.7
20E Hi h Densitv Residential 48.77 34.16 382 11.2
201' Hiah Densitv Residenllal 9.75 9.43 School NIA
20G Oaen Soace 33.83 32.01 NIA NIA
20H Communitv Commercial 19.92 16.18 NIA NIA
21A Neiahborhood Commercial 1.17 1.17 NIA NIA
218 Medium Densitv Residential 96.89 96.80 525 5.4
21C Medium Density Residential 13.59 12.44 76 6.1
21D Ooen Soace 24.17 24.06 NIA NIA
21E Ooen Soace 1.75 1.70 NIA NIA
22A Neiahborhood Commercial 7.38 3.66 NIA NIA
Total 1 733.90 1 451.02 11 298
1. Net acres does not include the City's right-of-way
Note: Gross Acres, Net Acres, and Density were updated based on data from City's Geographic Information Systems (GIS). UPdated JM 611/2022
Item: 12
838
42 of 52
EXHIBIT “E”
(Amendments to the El Toro Planned Community Text)
The Table of Contents is hereby amended to a new row for Section XI, which shall read as follows:
“ Table of Contents
Section
Title
Page No.
…
“XI
Mixed-Use Zoning Regulations
18”
1. Replace the Existing Statistical Summary
The El Toro Planned Community Statistical Summary table provided directly after the Table of Contents is hereby replaced in its entirety with the table attached hereto as Attachment E-1.”
2. Amend Section II-General Notes (K)
Subsection (K) of Section II is hereby amended to add a new entry number 4, which shall read as follows:
“4. Amend Section II (K) to add number 4 to the listing. Indicate that “Residential density in the Urban Industrial 43 (UI 43) zone is a maximum of 43 dwelling units per net acre. All properties zoned Urban Industrial 43 (UI 43) are subject to LFMC Section 9.73, as it may be amended from time to time.
3. Add Section XI: Mixed-Use Zoning Regulations
Section XI is hereby added to page 17 and shall read in its entirety as follows:
“Section XI: Mixed-Use Zoning Regulations
“Properties zoned Mixed-Use 43 (MU 43) are subject to the Mixed-Use Zoning Regulations provided in LFMC Section 9.73, as it may be amended from time to time.
Item: 12
839
43 of 52
4. Replace Planned Community Map.
The County of Orange Planned Community Map (based on ZC 82-8) is hereby replaced in its entirety with the map attached hereto as Exhibit E.
Item: 12
840
44 of 52
N
EL TORO
PLANNED COMMUNITY
DEVELOPMENT PLAN
_ PLANNING AREA 1: URBAN INDUSTRIAL 43
- PLANNING AREA 2: LIGHT INDUSTRIAL
ANO SERVICE COMMERCIAL
- PLANNING AREA 3: RESIDENTIAL
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STAllSllCAL SI
la· A
Revised 6/2/2022JM
3 Residential 21.84 19.98 3922
Total I I 60.09 I 47.98 1,389
1. 'Net Acres" does not include the City's Right-Of-Way or the Railroad Tracks
2. Based on cunent residential development
19.62 •
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./
EXHIBIT E
1 Zoning
Cl11slflcaUon I
Gross
Acres
\ Net Acres•I Maximum
Dwelllng
UnltafDUI
Maximum
Density
CDU/Net Acres
1 Urban Industrial 43 31.91 23.20 997 43.0
2 Light Industrial and
Service Commercial
6.34 4.80 N/A NIA
Item: 12
841
EXHIBIT “F”
(Revisions to the Rancho de Los Alisos Planned Community Text)
1. Amended Table of Contents
The Table of Contents is hereby amended to add a new row, which shall read in its entirety as follows:
“Table of Contents
Page
…
Chapter 15 Mixed-Use 47
Chapter 2 is hereby amended to add a new number 34 to the listed provided therein, which shall read as follows:
“34: Notwithstanding any other provision of the Rancho de Los Alisos Planned Community Text, mixed-use projects shall be subject to LFMC Section 9.73, as it may be amended from time to time.”
2. Amend Chapter 3.
The “Statistical Summary” provided in Chapter 3 is hereby replaced in its entirety with the Statistical Summary attached hereto as Exhibit F.
3. Add Chapter 15.
Chapter 15 is hereby added to page 47 of the Rancho de Los Alisos Planned Community Text, which shall read as follows:
“Chapter 15: Mixed-Use
Notwithstanding any other provision of this Rancho de Los Alisos Planned Community Text, mixed-use projects shall be subject to LFMC Section
9.73, as it may be amended from time to time.”
45 of 52
Item: 12
842
46 of 52
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EXHIBIT F
0 DEVELOPMENT PLAN
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RANCHO DE LOS PLANNED COMMUNITY
ST-ATISTICAL SUMMARY
Planning
Area
Zoning Classlllcatlon Net Acres' Maximum
Dwelling
Units (DU)
Maximum
Density
(DU/Net
Acresl
1 Heavy Density Residential 134.42 1,9912 14.82
2 High Density Residential 198.96 1,870' 9.42
3 Medium Density Residential 195.01 7392 3.82
4 Low Density Residential 152.08 3172 2.12
5 Community Commercial 27.58 NIA N/A
6 Mixed-Use 32 14.39 460 32.0
7 Open Space 147.29 NIA NIA
B Regional Open Space 58.97 NIA NIA
Total 928.69 5,377
1. "Net Acres' does not include the City's Right-Of-Way.
2. Based on current residential development as of June 2022.
Note: "Net Acres• was updated based on data from City's Geographic Information Svc:.tems tGISl. Uodated JM 6181Z022
Item: 12
843
EXHIBIT “G”
AMENDMENTS TO THE CITY’S ZONING MAP
The zoning of 15 properties (Assessor’s Parcel Numbers [APNs) listed in Exhibit G attached, shall be zoned Mixed-Use 43 (MU 43).
47 of 52
Item: 12
844
N
0 ----=======::J Feet
250
A
500
Revised on 6/22/2022 JM
City of
Laguna Hills
ZC 03-22-5511
Exhibit G
48 of 52
APNs: 616-033-02, 616-033-03,
616-033-04, 616-033-05, 617-053-02,
617-053-03, 617-053-05, 617-053-09,
617-053-10, 617-053-11, 617-053-12,
617-501-01, 617-501-04, 617-501-05,
and 617-501-06.
Existing Zoning - Community Commercial
Proposed Zoning - Mixed-Use 43
Project Vicinity
A
N
Legend
D Project Location
i f V J City Boundary
ZONING
General Zoning
- Proposed Mixed-Use 43
- R1- Single-Family Residential
- R2- Multifamily Dwelling
- Community Commercial
Item: 12
845
EXHIBIT “H”
AMENDMENTS TO THE CITY’S ZONING MAP
The zoning of the property listed as Assessor’s Parcel Number (APN) 617- 493-01 shall be Mixed-Use as shown in Exhibit H, attached.
49 of 52
Item: 12
846
50 of 52
ZC 03-22-5511
Exhibit H
APN: 617-493-01
Existing Zoning - Community Commercial
Proposed Zoning - Mixed-Use 43
Legend
D Project Location
ZONING
General Zoning
- Proposed Mixed-Use 43
Lake Forest Planned Community
- Proposed Urban Industrial 25
- Proposed Mixed-Use 43
- High Density Residential
- Medium Density Residential
Project Vicinity
A
N
Item: 12
847
EXHIBIT “I”
AMENDMENTS TO THE CITY’S ZONING MAP
The zoning of 53 properties (Assessor’s Parcel Numbers [APNs) listed in Exhibit I attached, shall be zoned Mixed-Use, including Urban Industrial 25 (UI 25), and Mixed-Use 32 (MU 32).
51 of 52
Item: 12
848
0 ---=====:
250 500
J Feet
Revised on 6/22/2022 JM
D
-
N
-
- -
-
--
ZC 03-22-5511
Exhibit I
APNs: 53 parcels- See attached table for
list of APNs
Existing Zoning: See attached table for
existing zoning by parcel
Proposed Zoning - Urban Industrial 25
and Mixed-Use 32
Legend
Project Location
ZONING
Proposed Urban Industrial 25
D Proposed Mixed-Use 32
-
M1- Light Industrial
-
D OS- Open Space
RS- Residential Single-Family
R2- Multifamily Dwelling
Nakase Planned Community
Pacific Commercentre Planned
Community
Rancho De Los Alisos
Planned Community
Project Vicinity
52 of 52 A
A1-Agriculture
C2- General Business
Item: 12
849
Attachment 2
(Planning Commission Staff Report)
https://lakeforest.primegov.com/Portal/vi
ewer?id=2059&type=0
Item: 12
850
Attachment 3
(Planning Commission Resolution)
https://lakeforest.primegov.com/Portal/vi
ewer?id=50859&type=2
Item: 12
851
Attachment 4
Item: 12
852
EXHIBIT A – MAP OF MIXED-USE SITES
Item: 12
853
CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: City Manager
SUBJECT:
A PUBLIC HEARING PURSUANT TO HEALTH AND SAFETY CODE SECTION 34312.3 REGARDING THE PURCHASE OF LAND GENERALLY LOCATED NORTH OF EL TORO RD., AND SOUTH OF JERONIMO RD., IN THE CITY OF LAKE FOREST, CALIFORNIA, COUNTY OF ORANGE (APN: 614-021-31) AND
CONSIDERATION OF THE RELATED PURCHASE VIA CERTIFICATE OF
ACCEPTANCE, AND TAKING RELATED ACTIONS BETWEEN THE LAKE
FOREST HOUSING AUTHORITY AND THE CITY OF LAKE FOREST
RECOMMENDED ACTION(S):
1. Conduct the Public Hearing.
2. Acting as the City Council, adopt a Resolution Entitled: A RESOLUTION
OF THE CITY OF LAKE FOREST AUTHORIZING APPROVAL OF THE
PURCHASE OF THAT CERTAIN PROPERTY NORTH OF EL TORO RD., AND SOUTH OF JERONIMO RD., (APN: 614-021-31) AND ACCEPTING
THE PROPERTY FROM THE HOUSING AUTHOIRTY VIA CERTIFICATE OF ACCEPTANCE, AND TAKING RELATED ACTIONS.
3. Acting as the City Council, adopt a Resolution Entitled: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE 2021-2023 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2022-23.
4. Find that the foregoing action is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15312, which applies to the declaration and sale of surplus government property.
EXECUTIVE SUMMARY:
The Lake Forest Housing Authority (“Authority”) owns and controls a 0.16-acre parcel of real property located northwest of El Toro Rd., and Southwest of Jeronimo Rd., (the “Site”). The former Lake Forest Redevelopment Agency (“Agency”) purchased the nearly 7,000 square feet tax-defaulted vacant property Item: 13
854
prior to its dissolution from the County of Orange using available funds, and subsequently transferred the title of the property to the Authority.
Pursuant to State law regulating the dissolution of Redevelopment Agencies and governing the activities of Successor Agencies, the Authority has until September 2022 to develop or dispose of any remaining real property assets inherited from the Agency. Pending approval of the sale of the property, sales proceeds will be deposited into the Housing Asset Fund for potential future affordable housing development.
Staff is recommending the City Council approve the purchase of the Property from the Authority via Quitclaim Deed (“the Quitclaim Deed”) and by Certificate of Acceptance; and authorize the City Manager or her designee to transfer the purchase price of $310,000 from the City’s General Fund balance to the Authority’s Housing Asset Fund; and record it in the Official Records of Orange County (Attachment 1). In addition, staff recommends approval of the attached Resolution amending the 2021-2023 Operating Budget, amending appropriations and revenues for Fiscal Year 2022-2023 (Attachment 2).
The City Attorney’s office drafted the resolution authorizing approval of the purchase and accepting the property from the Housing Authority via Certificate of Acceptance and taking related actions. As mandated by Affordable Housing Law, all sale proceeds would be used for the provision of affordable housing.
BACKGROUND:
Agency Acquisition
Prior to its dissolution pursuant to State Law, the former Agency acquired the approximate 7,000 square foot parcel of vacant land in a tax default sale initiated by the Orange County Tax Collector. The parcel was acquired to remedy the visual blight formerly associated with the site (weeds and overgrown vegetation).
The Site is located north of El Toro Rd., and east of Jeronimo Rd., adjacent to the Forest Glenn Apartment Community. Exhibit 1 below depicts the Site.
Item: 13
855
Exhibit 1: The Site:
Successor Agency Requirement
In 2012, the State of California dissolved redevelopment agencies under Assembly Bill X1 26 and its subsequent amendment, Assembly Bill 1484. This legislation required, among other provisions that, upon approval by the California Department of Finance (“DOF”), redevelopment housing assets could be transferred to a Successor Housing Entity. On January 17, 2012, the City Council approved the transfer of the housing functions of the former Agency to the Authority.
Item: 13
856
The DOF approved the asset transfer from the Agency to the Authority on September 5, 2012. Based on Successor Agency Housing Law, Section 33334.16 of the California Health and Safety Code, the Authority could extend the terms for disposition through a resolution adopted by the Authority Board. On August 15, 2017, the Authority Board approved a resolution which extended the deadline for the development or disposition of assets by five years. On September 4, 2017, the State granted the extension of five years from the approval date to dispose of or develop the asset for affordable housing purposes.
DISCUSSION:
In 2010, the parcel was acquired by the Agency in a tax default sale initiated by the Orange County Tax Collector. The Agency paid approximately $4,900 for the parcel (amount of back taxes) and incurred another approximately $1,000 in processing costs paid to the OC Tax Collector. The site is landlocked and does not have access from the public right-of-way. The parcel was a continual source of weeds and debris requiring code enforcement action. This was a concern to the City given the parcel’s visibility from El Toro Road. In 2012, the parcel was transferred from the Agency to the Housing Authority.
The Housing Authority does not currently have a need for the Site.
Subsequently, staff is recommending that the Housing Authority sell the Site to the City of Lake Forest to maintain compliance with Successor Agency Housing Law and facilitate the property's potential future development. Such development will ideally eliminate blight and complement existing nearby land uses. To effectuate an eventual sale or lease of the Site, the City must comply with the California Surplus Land Act (the “Act”) as set forth below.
Health & Safety Code section 34312.3(b) and the Surplus Land Act
The Housing Authority Law, as codified in California Health & Safety Code section 34312.3 states that a housing authority “may sell real property without the “need [to] comply with any law concerning the disposition of surplus properties,” including the SLA, “[s]o long as the proceeds of any sale…, net the cost of sale, [will] be used directly to assist a housing project… for reasons of low income, and the funds in any trust fund… are used directly to assist housing units for persons of very low income.” Here, the sale of the Property and application of net proceeds will comply with this section. Therefore, the SLA shall not apply. For the sake of completeness, however, even if the SLA did apply, the Property would be exempt.
The SLA requires all local agencies (including housing authorities) to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. The act requires that before a local agency takes any action to sell or lease Item: 13
857
the land, the land must be declared either “surplus land” or “exempt surplus land,” as supported by written findings. Recent legislation has created additional steps the City must follow prior to selling land and has given the California Department of Housing and Community Development (“HCD”) enhanced enforcement powers.
“Surplus land” means land owned by a local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. “[E]xempt surplus land” is land that falls under one the Act’s 11 exemptions. Here, assuming the SLA applies, staff is recommending that the Council declare the Site “exempt surplus land” pursuant to California Government Code subdivision 54221(f)(1)(D). The sale of surplus property to a local agency is deemed exempt Surplus Land and exempt from the noticing requirements of the Act.
Upon the City’s determination that the Site is non-exempt surplus land, the property meets the requirements under Section 54221(f)(1) and the disposition is not subject to additional requirements under the Act.
Appraisal
In May 2022, an appraisal of the Site was conducted. The Appraisal Report complies with the reporting requirements as set forth under the Uniform Standards of Professional Appraisal Practice. The Report outlines the considerations used to determine the opinion of value, such as a regional analysis, social and economic environments, immediate market analysis, and more. It also includes descriptions of the subject property, the property's locale, the market for the property type, and the appraiser's opinion of the highest and best use. It was determined the market value of the Fee Simple Estate of the Site is $310,000.
Certificate of Acceptance
The City Attorney’s Office prepared the resolution authorizing approval of the purchase and accepting the property from the Housing Authority via Certificate of Acceptance. The City Council’s approval of the resolution does not constitute its approval of any development of the property, or other activity on the property, which would have a direct or reasonably foreseeable indirect environmental impact pursuant to the California Environmental Quality Act (“CEQA”).
Budget Resolution
The proposed City Council budget resolution would amend the 2021-2023 Operating Budget by $310,000. This adjustment would cover the cost of purchasing the property from the Authority. Staff recommends the City Council Item: 13
858
approve the attached resolution amending the General Fund operating expenditures and amending revenues in the Housing Authority for Fiscal Year 2022-23 of the 2021-2023 Operating Budget (Attachment 2).
Environmental Impact
The action is exempt from environmental review under CEQA pursuant to State CEQA Guidelines (Cal. Code. Regs. Title 14) Section 15312, which applies to the declaration and sale of surplus government property. If and when the Site is sold to a purchaser and that purchaser proposes a use for the Site that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA FISCAL IMPACT:
The Fiscal impact of the recommended action is the acquisition of the parcel described in the attached resolution and Certificate of Acceptance from the Lake Forest Housing Authority and an amendment to the 2021-2023 Operating Budget in the amount of $310,000.
ATTACHMENTS:
1. Resolution Approving the Purchase via Certificate of Acceptance
2. Budget Adjustment Fiscal Year 2022-23 of the 2021-2023 Operating Budget Initiated By: Adrian Grijalva, Senior Management Analyst Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 13
859
55136.00190\40418736.3
ATTACHMENT 1
Item: 13
860
55136.00190\40418736.3
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY OF LAKE FOREST
AUTHORIZING APPROVAL OF THE PURCHASE OF THAT
CERTAIN PROPERTY LOCATED NORTH OF EL TORO RD.,
AND SOUTH OF JERONIMO RD., (APN: 614-021-31) AND
ACCEPTING THE PROPERTY FROM THE HOUSING
AUTHORITY VIA CERTIFICATE OF ACCEPTANCE, AND
TAKING RELATED ACTIONS.
WHEREAS, the Housing Authority for the City of Lake Forest (the “Authority” and the city, “City”) owns and controls certain vacant property located north of El Toro Rd. and east of Jeronimo Rd. (APN: 614-021-31), which consists of approximately 7,000 square feet of land (the “Property”); and
WHEREAS, the Authority has the power to sell the Property pursuant to Health and Safety Code section 34312.3(b) without regard to the Surplus Land Act (Government Code section 54220 et seq.); and
WHEREAS, based on an appraisal of the Property, dated May 20, 2022, the Property’s as-is fair market value is $310,000; and
WHEREAS, the City approves the purchase of the Property from the Authority for $310,000; and
WHEREAS, the City has agreed to accept title to the Property via Quitclaim Deed and by Certificate of Acceptance, pursuant to Section 27281 of the California Government Code.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF LAKE FOREST, AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by reference.
SECTION 2. The City hereby approves the purchase of the Property from the Authority via Quitclaim Deed (the “Quitclaim Deed”); and authorizes the City Manager or her designee to transfer the purchase price of $310,000 from the City’s accounts to the Authority’s Housing Asset Fund; accept the executed Quitclaim Deed from the Authority and record it in the Official Records of Orange County; and to take all other actions necessary to accomplish the purpose of this Resolution.
SECTION 3. The City will accept the Property via Certificate of Acceptance, a form Item: 13
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55136.00190\40418736.3
of which is attached hereto as Exhibit B.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City, and the City Clerk shall attest to and certify the vote adopting this Resolution.
PASSED, APPROVED AND ADOPTED this day of August, 2022. ____________________________________
ROBERT PEQUEÑO
MAYOR
ATTEST:
____________________________________
XXX
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF LAKE FOREST )
I HEREBY CERTIFY that the foregoing Resolution No. 2022-XXX was duly adopted by the City of Lake Forest, at a regular meeting held on the 16 th day of August 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
XXX
CITY CLERK
APPROVED AS TO FORM:
___________________________________
MATTHEW RICHARDSON
CITY ATTORNEY
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55136.00190\40418736.3
Exhibit B
THE CITY OF LAKE FOREST
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed to which this Certificate of Acceptance is attached
from:THE LAKE FOREST HOUSING AUTHORITY, as successor in interest to the LAKE FOREST REDEVELOPMENT AGENCY, a California public body, corporate and politic (“Grantor”)
to:THE CITY OF LAKE FOREST, a California municipal corporation (“Grantee”) Said Quitclaim Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee’s governing body, and Grantee hereby consents to recordation of said Quitclaim Deed.
Dated: CITY OF LAKE FOREST,
By:
Debra D. Rose, City Manager
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2 ATTACHMENT 2
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2 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2021-2023 OPERATING BUDGET; AMENDING
APPROPRIATIONS FOR FISCAL YEAR 2022-23
WHEREAS, the 2021-2023 Operating Budget was adopted by the City Council on June 15, 2021; and
WHEREAS, the appropriations for Fiscal Year 2022-23 were adopted by the City Council on June 21, 2022;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2022-23.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The Housing Authority Fund is amended to increase its revenue estimates for Fiscal Year 2022-23 as demonstrated in Exhibit A.
Section 3. The General Fund is amended to increase appropriations for Fiscal Year 2022-23 as demonstrated in Exhibit A.
Section 4. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
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2 PASSED, APPROVED AND ADOPTED this 16th day of August 2022, by the following vote, to wit:
ATTEST:
ROBERT PEQUEÑO
MAYOR
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2022- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 16th day of August, 2022, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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2 EXHIBIT A
AMENDMENT TO 2021-23 BUDGET
FISCAL YEAR 2022-23
Revenue Estimates
Fund Name
Current
Budget
Increase
(Decrease) Amended Budget
Housing Authority 12,600 310,000 322,600
Total $322,600
General Fund Operating Appropriations
General
Fund/Expenditure
Program
Current
Budget
Increase
(Decrease) Amended Budget
General Government
City Manager 1,490,207 310,000 1,800,207
Total $1,800,207
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: Community Development
SUBJECT:
AN ORDINANCE OF THE CITY OF LAKE FOREST, CALIFORNIA, REPEALING CHAPTER 9.224 AND ADDING CHAPTER 1.18 TO THE LAKE FOREST
MUNICIPAL CODE REGARDING REASONABLE ACCOMMODATIONS
RECOMMENDED ACTION(S):
1. Open the Public Hearing, and
2. Take public testimony, and
3. Continue this Public Hearing to the September 6, 2022, regularly scheduled City Council meeting.
EXECUTIVE SUMMARY:
The Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act require local jurisdictions to establish a process by which persons with disabilities can request reasonable accommodations to the jurisdiction’s codes, rules, policies, practices, or services as necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling. The City of Lake Forest’s (“City”) reasonable accommodation regulations are currently provided in Chapter 9.224 of the Lake Forest Municipal Code (“LFMC”). This Ordinance amends the LFMC by repealing the current Chapter 9.224 and adding a new Chapter 1.18, which would govern the process by which persons with disabilities can request reasonable accommodation from the City.
Staff recommends the City Council continue this public hearing to the September 6, 2022, City Council meeting.
FISCAL IMPACT:
If the City Council chooses not to continue this Public Hearing to a date certain, the Public Hearing will need to be re-noticed in the newspaper. The cost to re- notice is $624.00.
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ATTACHMENTS:
None.
Initiated By: Ron Santos, Senior Planner
Submitted By: Gayle Ackerman, Director of Community Development Approved By: Debra Rose, City Manager
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: Public Works
SUBJECT:
2021-2028 Capital Improvement Program Update
RECOMMENDED ACTION(S):
Receive and file a presentation updating the City Council on the status of projects in the 2021-2028 Capital Improvement Program.
EXECUTIVE SUMMARY:
On May 17, 2022, City Councilmember Tettemer received consensus to receive an update from staff about the City’s capital improvement efforts (Attachment 1).
Specifically, Councilmember Tettemer requested an overview of the methodology used to select capital projects as well as an update on the status of capital projects to be completed in the near term. Staff is providing this report in response to that request.
The City Council approved the City’s 2021-2028 Capital Improvement Plan (“2021-2028 CIP”) on June 15, 2021. The City is approximately mid-way through the first two-year cycle of the 2021-2028 CIP, which is comprised of 28 capital projects. These projects were selected pursuant to the City Council’s Financial Management and Budgetary Policy, which requires candidate projects for any CIP be assessed through an objective rating system prior to being incorporated into the CIP (Attachment 2). The City is also working on ongoing projects from previous capital improvement plans. Project tracking reflects nine street projects, twelve traffic projects, and seven park projects. This report serves to review and recommend updates to the current 2021-2028 CIP. Staff recommends the City Council receive and file this presentation summarizing the progress made on various projects in the City’s 2021-2028 CIP.
BACKGROUND:
On June 15, 2021, the City Council approved the City’s seven-year 2021-2028 CIP. The purpose of this review for the current 2021-2028 CIP is to provide the City Council with a summary of completed projects from the first year of the seven-year CIP as well as an overview of approved capital improvement projects Item: 15
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through June 30, 2022. This report also explains how projects are selected for inclusion in any City CIP.
The 2021-2028 CIP includes projects that reflect the City’s commitment to providing highly desired facilities while maintaining and improving existing infrastructure and assets. The 2021-2028 CIP includes twenty traffic and street- related projects. These projects are designed to improve safety, traffic flow, median and parkway landscaping, and maintain the roadway network. Other projects include traffic signal synchronization with neighboring cities, street asphalt resurfacing, and sidewalk rehabilitation. Also included are several park repairs and enhancements, including playground resurfacing.
To develop and prioritize projects included in the 2021-2028 CIP, staff reviewed the City’s draft version of the City’s 2021-22 – 2027-28 Strategic Business Plan (“Strategic Plan”) for projects and programs that were previously recommended by the City Council. In general, the Strategic Plan reflects the priorities captured in the biennial resident and business survey, input from joint commission and City Council workshops, opportunity rankings, staff’s review and analysis, and other community inputs. This approach is consistent with the City Council’s Financial Management and Budgetary Policy and produced the list of projects for consideration in the 2021-2028 CIP.
The list of projects in 2021-2028 CIP were categorized into potential funding sources and were further analyzed based on each project’s needs, increased costs if deferred, traffic model analysis, available staffing resources required, year-to-year programming, and other inputs. Next, the projects were analyzed by proposed funding source to optimize the available funding. The most restrictive funds were programmed first, followed by the next most restrictive funds, until all projects left for consideration were funded by the General Fund or another unrestricted funding source. Then, staff made a “draft” recommendation to the City Council during the May 11, 2021, Budget Workshop and received comments. Finally, those comments were incorporated into the “final” recommendation, which the City Council approved in June 2021. This process for selecting which projects are proposed to be included in any CIP is consistent with the City Council’s Financial Management and Budgetary Policy (Attachment 2). .
DISCUSSION:
On June 15, 2021, the City Council adopted the 2021-28 CIP Budget (“CIP Budget”). The CIP Budget totals approximately $8,058,200 in FY 2021-22 and $12,591,325 in FY 2022-23. The CIP Budget contains various capital projects relating to street maintenance, traffic improvements, and parks and recreation projects. The City Council’s Financial Management and Budgetary Policy requires projects be assessed through objective criteria established by the City Item: 15
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Manager before incorporation into an adopted CIP. Like virtually all cities, Lake Forest’s infrastructure maintenance needs exceed the City’s resources in the short term. As a result, infrastructure projects must be prioritized based on objective need. The objective need is established by assessing a project’s impact on public safety, enhancement to existing mobility, budget impact, the opportunity to receive matching funds from other government agencies, and other objective considerations.
This report summarizes the status of the City’s capital improvement projects as reflected in Tables 1 through 3. For the City Council’s reference, staff is providing the status of each project along with its anticipated date of completion.
In addition, several projects from previous CIPs are also nearing completion.
Those carryover projects are designated with an asterisk (*). 2021-2028 Capital Improvement Projects Plan
Street Maintenance Projects
During the current CIP cycle, the City remains engaged on a variety of projects relating to street maintenance. The City’s street maintenance program includes such items as street lighting, street repair, sidewalk repair, sign replacement, and storm drain improvements. As listed below, there are currently ten street-related projects in the CIP, totaling $8,990,200 worth of investment in the City’s infrastructure.
Table 1: Street Maintenance Projects 2021-2028
Project Description Status Estimated
Completion
Street Resurfacing and Slurry Seal –
Slurry Seal Zone F Complete July 2022
Street Resurfacing and Slurry Seal –
Arterial Slurry Seal Muirlands &
Jeronimo
In Design Spring 2023
Street Resurfacing and Slurry Seal –
Slurry Seal Zone A In Design Summer 2023
Street Resurfacing and Slurry Seal –
El Toro Road Resurfacing – Jeronimo
to Trabuco
In Design Summer 2023
CDBG ADA Ramps, Ph. 13 & 14 In Design Spring 2023
Arterial Median Improvements In Design Summer 2023
Safe Step Improvement Project Award
Pending Fall 2022
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Project Description Status Estimated
Completion
Irrigation Conservation Program In Design Spring 2023
Street Parkway Tree Replacement
Program In Design Spring 2023
New Street Name Signs In Design Fall 2022
Traffic Improvements
Over the past CIPs, the City implemented several projects (El Toro Road Corridor and Los Alisos Boulevard Corridor) under the Local and Regional Traffic Signal Synchronization Programs (“TSSP”). The 2021-2028 CIP also includes three TSSP projects for Lake Forest Drive, Alton Parkway, and Portola Parkway, two “Meadows Development” funded traffic improvements, five Lake Forest Transportation Mitigation (“LFTM”) projects and three Foothill Corridor Phasing Program (“FCPP”) projects.
Aside from the TSSP projects, all traffic improvement projects from the “Meadows Development” projects, LFTM, and FCPP were studied using the Lake Forest Traffic Analysis Model (“LFTAM”) that analyzes current conditions and forecasted conditions based upon the City’s buildout year (which is 2040, per the General Plan). Based upon the traffic patterns and forecasted traffic patterns from the cumulative worst-case scenario of trip generation based upon the approved General Plan land use, each intersection is analyzed to see if there is significant impact in the current condition or future condition. If impacts are identified, then mitigation measures will be required. The City’s methodology to determine a significant impact is based upon the Intersection Capacity Utilization methodology, which determines if the intersection is operating at a level of service that is acceptable. The level of service grading scale is shown below:
If an intersection is below the level of service of “D” for any current or future condition, mitigation is required, and staff would identify the appropriate traffic improvement to return the intersection back to the level of service of “D” or better.
In addition, some traffic projects are to address traffic operational improvements at the intersection. For example, the intersection at Bake Parkway and Toledo Way currently operates at a level of service “D” or greater for the current and forecasted future conditions, but we are still proceeding with traffic operational improvements which include dual left turn lanes on Toledo Way and extending the eastbound Bake Parkway left turn pocket. These improvements allow for more efficient signal timing and increases traffic safety at the intersection.
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There are currently twelve traffic related projects in the 2021-2028 CIP with a total value of $8,590,500. There is one carryover LFTM project from the previous years: the El Toro Road & Portola/Santa Margarita Parkway Intersection Improvement project. The status of the City’s traffic improvement projects is listed below in Table 2.
Table 2: Traffic Improvement Projects
Project Description Status Estimated
Completion
Meadows Traffic Improvements – Bake &
Baffin Bay
Award
Pending Fall 2022
Meadows Traffic Improvements – Bake &
Toledo In Design Summer 2023
Lake Forest Drive Traffic Signal
Synchronization Program Construction Spring 2023
Portola/Santa Margarita Traffic Signal
Synchronization Program Construction Spring 2023
Alton Traffic Signal Synchronization
Program In Design Spring 2023
LFTM – Bake & Trabuco/Irvine
Intersection Improvements In Design Summer 2023
LFTM – 2nd Eastbound Left-Turn on Bake
at Jeronimo In Design Spring 2023
LFTM – Southbound Rancho Parkway
Widening at Lake Forest Drive In Design Summer 2023
LFTM – Southbound Jeronimo Widening
at Lake Forest Drive In Design Spring 2023
LFTM – Westbound Los Alisos Widening
at Rockfield In Design Spring 2023
* LFTM – El Toro Road & Portola/Santa
Margarita Parkway Intersection
Improvements
Construction Fall 2023
FCPP – Dual Left Turns All Directions at
Los Alisos and Muirlands In Design Spring 2023
FCPP – Widening/Realignment of
Jeronimo at El Toro Road In Design Summer 2023
FCPP – El Toro Road Raised Medians –
Jeronimo to Trabuco In Design Summer 2023
*Project(s) carried over from previous CIPs
Parks and Recreation
Table 3 below summarizes the capital projects associated with the City’s parks.
The Arbor Mini Parks, a park project with significant community interest, is scheduled to be completed in Fall 2022. The Arbor Mini Park Improvements Item: 15
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include replacement of the existing landscaping and irrigation with drought tolerant California native planting, new perimeter fencing, and other improvements. The CIP Budget includes other park-related projects to replace playground surfaces and repairs to other facilities. As listed below, there are currently seven park-related projects in the 2021-2028 CIP, totaling $1,676,000.
There are two carryover park projects from the previous CIP: the Neighborhood Park Renovations for Vintage & Sundowner parks and the Neighborhood Park Renovations for Borrego Overlook, Rancho Serrano, Regency parks.
Table 3: Parks and Recreation Projects
Project Description Status Estimated
Completion
Arbor Mini Park Improvements Construction Fall 2022
Playground Resurfacing Project –
El Toro & Baker Ranch Parks Complete Spring 2022
Heroes Park Electrical Repairs In Design Fall 2022
CDBG – El Toro Lodge Pole
Replacement Construction Summer 2022
Park Gazebo Repairs/Replacement In Design Winter 2022
Portola Park Lighting In Design Winter 2022
Senior Center Patio Cover In Design Spring 2023
* Neighborhood Park Renovations –
Vintage & Sundowner Construction Early 2023
* Neighborhood Park Renovations –
Borrego Overlook, Rancho Serrano &
Regency Construction
Early 2023
*Project(s) carried over from previous CIPs
As noted above, the City is making progress on a variety of other important capital projects that support the City’s road and traffic infrastructure, along with improvements to public parks. The City’s projects are currently within budget and on schedule. The purpose of this report is to inform the City Council of the progress made on projects in the 2021-2028 CIP and carryover projects from previous years. Staff recommends the City Council receive and file this report. A detailed summary sheet of active CIP projects is provided as Attachment 3.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
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ATTACHMENTS:
1. May 17, 2022, City Council Meeting Excerpt
2. City Council Policy: Financial Management and Budgetary Policy
3. List of Active CIP Projects
Initiated By: Douglas Erdman, Engineering Services Mngr/Asst. City Eng.
Submitted By: Thomas Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
MAY 17, 2022
____________________________________________________________
CITY COUNCIL COMMENTS:
Council Member Tettemer:
Council Member Tettemer received consensus to
bring a report back to the City Council related to the
Capital Improvement Program project schedule.
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ATTACHMENT 2
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CITY COUNCIL POLICY: FINANCIAL
MANAGEMENT AND BUDGETARY POLICY
Adopted: October 20, 2020
1 Purpose.
Provide the framework and direction for financial planning and decision making by the City Council and City staff. These policies are designed to ensure the City’s financial integrity and provision of services that address the priorities of Lake Forest’s constituents.
This policy establishes financial parameters that will guide the budget development and deliberation process, safeguard financial assets, and maintain the City’s strong financial condition.
The desired policy outcome is that the long-term implications of financial decisions are fully understood and considered in the decision-making process.
The City Council will review this policy during each budget development process and consider any recommended revisions with the adoption of the budget. 2 Long-Range Financial Planning and Budget.
a) The budget is a resource allocation document and serves as the financial plan for the City. It will serve as the policy document of the City Council and will provide policy direction to the City Manager in the areas of desired service levels and funding priorities.
b) The City Manager shall present a proposed budget to the City Council on a biennial basis to be adopted no later than June 30 in odd numbered years preceding the commencement of the two-year budget cycle. The budget will be prepared, presented, and administered by the City Manager and Director of Finance/City Treasurer.
c) The City will maintain a long-range fiscal perspective by preparing a two-year operating budget, seven-year Capital Improvement Plan, and seven-year Financial Forecast. The Budget will be developed and adopted with a sharp focus on long-term financial solvency and compliance with provisions of this policy.
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d) The City Council values public input in the budgeting process and will provide opportunities for public input.
e) The budget document will be prepared in a manner which facilitates public study and effectively communicates key economic issues and fiscal policies.
The budget will document and explain assumptions for underlying revenue sources and expenditure estimates.
f) The City Council may authorize the use of reserves and/or non-recurring revenues to balance the budget when unforeseen events occur that reduce the City’s recurring revenues, and to direct the City Manager to make budgetary recommendations that will re-balance the budget within a specified timeframe.
g) All budgetary procedures will conform to state regulations and Generally Accepted Accounting Principles (GAAP) for governmental agencies.
h) The City’s budget will be presented by function of government with a logical breakdown of programs. The budget format will clearly outline the major service areas and associated expenditures.
i) The budgeting process will include reports to the City Council and will include budgetary status and compliance. The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary modifications. The City Manager shall also inform the City Council if operating revenues are projected to decrease by more than 10% from the adopted budget.
j) Non-personnel appropriations in the Operating Budget may be carried over from the first year to the second year of the two-year budget period with the approval of the City Manager with notification to the City Council Audit Committee.
k) Non-personnel appropriations in the Operating Budget may be carried over from on two-tear budget cycle to another when an agreement is in effect prior to the commencement of the new two-year budget with the approval of the City Manager with notification to the City Council Audit Committee.
l) Departmental budget control shall be the responsibility of the Department Head. Department Heads shall, with the concurrence of the Director of Finance/City Treasurer, have the authority to move appropriations between Item: 15
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line items within their departmental budgets. At the discretion of the City Manager, appropriations may be transferred from one department to another, or between funds within the Operating Budget with notification to the City Council Audit Committee.
m) At the City Manager’s discretion, appropriations may be moved from one capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
n) During the budget cycle, special circumstances may require an adjustment in the appropriations established in the adopted budget and would require a budget amendment. These may include:
i. Changes to spending priorities
ii. Increase in operating or capital expenditures
iii. Decrease in operating revenues
o) City Council approval is required to increase the total sum of the appropriations made for the Operating Budget or the Capital Improvement Plan from the adopted Budget Resolution. City Council approval is also required to move appropriations between the Operating Budget and the Capital Improvement Program.
p) The goal of the City’s long-range financial planning is to pay for capital projects and large, one-time expenditures from existing sources (savings or reserve funds) and not be dependent on borrowing or new revenues. 3 Capital Planning.
a) The purpose of the Capital Improvement Program is to systematically plan, schedule and finance capital projects as approved and prioritized by the City Council. The Capital Improvement Program will be a seven-year plan and will include major rehabilitation costs to existing infrastructure and facilities, as well as the cost of new facilities or capital improvements. Staff will inventory and assess the condition of all major capital assets every two years and make recommendations to the City Council regarding any modification of the Capital improvement Program as part of the budget development process.
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b) Proposed capital projects will include projected changes in operating and maintenance costs, work force requirements, productivity, and risk management considerations.
c) A capital improvement project shall be established for all projects greater than $100,000 with an expected useful life of at least 3 years that also meet the definition of a public project per State Public Contracts Code Section 22002.These include projects involving construction, reconstruction, alteration, renovation, improvement, demolition or major repair work. This excludes routine, recurring and usual work for the preservation, protection, or maintenance of publicly owned land, improvements and equipment.
d) For purposes of this policy, the scope of a proposed capital improvement project may be defined as the work to be undertaken at a single location.
However, if work at a specific location would not otherwise meet the cost threshold for establishing a separate capital improvement project and similar work is to take place at another location(s) during the same fiscal year, then all such similar work shall be defined as one capital improvement project.
e) A capital project may originate from a variety of input, including but not limited to public feedback, City Council and Commission ideas, the Biennial Residential and Business Satisfaction Study (i.e., survey), grant requirements or staff analysis. As part of the budget process, staff uses this input to submit Capital Improvement Program requests providing a detailed description of the proposed project or purchase. All requests will be reviewed by the City Manager using the formal evaluation process described below or some other alternative process identified by the City Manager. One evaluation consists of several ranking criteria, which are assigned relative weights as follows:
Criteria Weight
Project’s impact on health and safety 10
Project improves, upgrades, or rehabilitates an existing facility 9 Project’s impact on City operating budget 8
Project remedies a service deficiency 8
Percent of project costs to be funded by (non-City) resources and/or funding to be lost if project not done 7
Priority assigned by requesting Department 6
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Other considerations, such as aesthetics, feasibility, special populations serviced, conformance to plans (including the General Plan), interjurisdictional effects and community economic effects 6 Once evaluation scores as assigned, project priorities will be determined and presented to the City Council for further review. After completing its review, the City Council will appropriate funding for the first two years of the Seven Year Capital Improvement Program as part of the two-year budget cycle. f) Unexpended project appropriations will be automatically carried forward as continuing appropriations to future fiscal years as required to complete the intent of the original budget with notification to the City Council Audit Committee.
g) The City will actively pursue grant and other outside funding sources for all capital improvement projects. Staff will be cognizant that the grant amount should justify the staff time and other resources needed for its administration. 4 Risk Based Reserves.
This section is designed to develop standards for setting reserve levels for various significant City funds. Adequate reserve levels are a necessary component of the City’s overall financial management strategy and a key factor in external agencies’ measurement of the City’s financial strength.
a) The City shall maintain reserves at a prudent level and shall use reserves appropriately with a focus on contributing to the reserves in good times and drawing on reserves in times of severe economic downturns, unforeseen major expenses, and/or sudden revenue losses to maintain a consistent level of service and quality operations.
b) The City shall establish certain financial reserves to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions, unpredictable one-time costs, and exposure to natural disasters and emergencies.
c) Established reserves will be based on an analysis of the risks that influence the needs for reserves as a hedge against uncertainty and loss. A risk is defined as probability and magnitude of a loss, disaster, or other undesirable Item: 15
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event. The Risk Analysis will review the following risk factors and the City ‘s level of exposure to each risk factor impacting the City’s General Fund.
OPERATING RISK FACTORS
Revenue Source Stability
Vulnerability to Extreme Events
Expenditure Volatility
Leverage
Liquidity
Other Fund Dependency
Growth
CAPITAL RISK FACTORS
Capital Projects
Capital Asset Replacement
d) The Risk Analysis will identify the reserve level for each risk factor, the recommended Target General Fund Reserves based on all risk factors.
e) The Risk Analysis will be performed biennially in coordination with the development of the operating budget.
f) The Total Minimum Reserve shall be established 5% below the Target General Fund Reserve Level.
g) The Target General Fund Reserves and Total Minimum Reserve will be established and updated by resolution based on each biennial analysis.
h) Spending beyond the Total Minimum Reserve shall require a four-fifths vote of the City Council.
i) Gas Tax HUTA Fund – A minimum reserve level of $400,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.
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j) Measure M Local Fair Share Fund – A minimum reserve level of $250,000 will be set aside as a reserve for street repair emergencies and other unanticipated traffic safety projects. The City Manager shall provide a plan including timeline to replenish the reserves within 180 days of City Council authorization to use the reserves. This reserve is intended to protect the City against unexpected interruptions in revenues, vulnerability of State actions, adverse economic conditions related to this revenue source.
k) The City shall maintain a Pension Employer Contribution Stabilization Trust Fund to reduce volatility in the employer contribution rates set by CalPERS.
The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period.
l) The City Shall maintain an Other Post-Employment Benefits Trust Fund to fund the required health care costs to retirees. The operating budget presented by the City Manager will provide an update on the balance of the available resources and any recommendations for the budget period. 5 Fund Balance Management.
a) The Fund Balance Policy establishes guidelines and procedures for allocating and reporting fund balance in the financial statements in accordance with Governmental Accounting Standard Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and as committed by City Council.
b) Fund balance is defined as the difference between the assets and liabilities reported in a governmental fund.
c) GASB Statement No. 54 defines five separate components of fund balance, each of which identifies the extent to which the City is bound to honor constraints on the specific purposes for which amounts can be spent.
d) The following components defined by GASB Statement No. 54 shall constitute the City’s Fund Balance for financial reporting purposes:
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i. Nonspendable Fund Balance (inherently nonspendable) – Assets that cannot be converted to cash(e.g., prepaid items and inventories of supplies) and assets that will not be converted to cash soon enough to affect the current period. ii. Restricted Fund Balance (externally enforceable limitations on use) – Limitations imposed by creditors, grantors, contributors, or laws and regulations of other governments and limitations imposed by law through constitutional provisions or enabling legislation.
iii. Committed Fund Balance (self-imposed limitations on use set in place prior to the end of the fiscal year) – Limitation imposed at the highest level of decision making that requires formal action at the same level to remove (Ordinance).
iv. Assigned Fund Balance (limitation resulting from intended use) – Intended use established by highest level of decision making, by a body designated for that purpose, or by an official designated for that purpose, (delegated by the City Council to the City Manager).
v. Unassigned Fund Balance (residual net resources) – Excess of nonspendable, restricted, committed, and assigned total fund balance.
e) For the General Fund, unless the fund balances are non-spendable or restricted, fund balances are “spendable” and available for use at the discretion of the City Council.
f) For all other Special Revenue, Capital Projects and Debt Serve Funds, these resources are limited as to use by external enforceable limitations (e.g., enabling legislation) therefore fund balances in these funds will be categorized as restricted.
6 Revenues and Expenditures.
a) The City will maintain a level of expenditures which will provide for the health, safety and welfare of the residents of the community.
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b) The City will endeavor to maintain a diversified and stable revenue base to minimize the effects of fluctuations in any single revenue source. Efforts will be directed to optimize existing revenue sources while periodically reviewing potential new revenue sources.
c) The City will estimate revenue using an objective, analytical process; in the case of assumption uncertainty, conservative projects will be utilized.
d) The City will fund all current expenditures from current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues or rolling over short-term debt.
e) Development processing costs and related administrative expenses shall be totally offset by development fees.
f) Gas tax revenues will be annually set aside to offset all costs in connection with the City’s street maintenance program. The City will strive to maintain this program in such a manner that will not require the infusion of available General Fund resources.
7 User Fees.
a) The purpose of this User Fee Policy is to provide a consistent framework for the analysis and evaluation of user fees imposed by the City of Lake Forest.
Topics include: Services for which user fees are appropriately considered, basis for maximum fee amounts, amount of costs to be recovered from fees, and procedures for updating fees.
b) User fees are applied to recover all or a portion of the City’s costs for providing service of individual benefit or cause. “Providing service means activities at the option of the individual, such as requests for service, or City response to the decisions or action of the individual, such as regulation. The wide-ranging application of user fees for services of individual benefit or cause enables the general revenue sources of the City to be directed more fully to other services yielding broader community benefit.
c) User fees are managed by nearly every operating function within the City.
Areas where user fees will be commonly applied include:
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a. Regulatory activities, such as review and inspection of land development, construction/building, and improvements to infrastructure, and other areas of code review, compliance, and enforcement. b. Permitting, such as special events and use of public facilities, infrastructure, and services.
c. Facility rentals and use of public spaces, such as community centers, recreational sites, parks, and athletic field use.
d. Program participation.
e. Municipal operations providing service of individual benefit/request. f. Municipal operations responding to individual action. g. Licensing, billing, records management, and administration services. h. Direct-billing of City staff time.
d) Refer to the City’s Comprehensive Master Fee Schedule for a complete list of current services for which a user fee is imposed.
e) The City will identify basic tax-provided services and will establish user fees and charges for services provided in excess of basis services and/or non- taxpaying users.
f) User fees are set at the discretion of the City Council, so long as the fess conform to the requirements of Article 13C of the California Constitution, which requires a “cost of services” basis for setting fee amounts.
g) The City’s User fees will be set according to the estimates reasonable cost of service. Furthermore, user fees will bear a fair and reasonable relationship to the payer’s burdens on or benefits received from the activities and/or services provided by the City.
h) When evaluating user fees, the City will calculate the “full cost of service,” for each activity, which is the maximum fee amount allowed. The full cost of service will include components for:
i) The direct cost of service:
a. Labor associated with performance of service from all personnel involved in the activity.
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b. Services, supplies, and/or materials required to complete the activity.
j) A reasonable share of the indirect costs of service:
a. The services, supplies, and materials which support the personnel involved in the activity.
b. The indirect management, administration, and support services associated with the City functions involved in the activity. c. The central services, City management and administration, and governmental oversight associated with the functions involved in the activity.
k) Once the full cost of service is established for each activity, the City will apply a consistent set of guidelines for determining the amount of cost to be recovered in the final fee amount. A cost recovery percentage will be applied to the full cost of service to calculate the fee.
l) Figure 1 below explains the City’s guidelines for setting a cost recovery threshold for each activity where user fees are applied. The cost recovery threshold assigned to each fee-related service will be identified in the periodic analysis and documentation supporting the calculation of the City’s user fees.
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m) The City shall recalculate the full cost of activities supported by user fees to take into account inflation and other related matters. The following cost index will be used as the basis for calculating annual changes to the fee amounts:
Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area. The escalation amount will be the published annual percentage change calculation. The City’s Master Fee Schedule shall Item: 15
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be approved and updated by resolution in connection with the adoption of the operating budget.
n) The City will complete a thorough user fee study periodically, at least every five years, to determine the full cost of service of each activity included in the Comprehensive Master Fee Schedule. The user fee study will:
a. Analyze the direct and indirect costs associated of existing and new fee-related service provided City-wide.
b. Revisit cost recovery thresholds applied to fee related services. c. Determine updated fee amounts consistent with the cost of service basis and the City’s cost recovery at that time.
8 Accounting, Auditing, and Financial Reporting
a) The City’s accounting and financial reporting systems shall be maintained in accordance with generally accepted accounting principles (GAAP) and other standards promulgated by the GASB.
b) The City shall prepare an annual report, in an Annual Comprehensive Financial Report (ACFR) format, which shall conform to the reporting standards established by the Governmental Accounting, Auditing and Financial reporting (GAFR).
c) The annual financial report will be audited each year by an independent auditor. A new independent auditor shall be selected competitively, through a formal public request for proposal process, at least every six years pursuant to State law.
d) An Audit Committee shall be formed consisting of two City Council Members and the City Manager, or designee, to provide a direct line of communication between the auditor and the City Council. The City Attorney shall be available to advise the Audit Committee.
e) The City Manager will provide quarterly reports to the Audit Committee that compares year-to-date actuals with revenue and expenditure projections.
f) The City Manager will notify the City Council whenever changing operations or economic developments require corrective budgetary measures.
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9 Cash Management, Investments and Banking Relations.
a) Investments and cash management will be the responsibility of the Director of Finance/City Treasurer under the direction of the City Manager.
b) In accordance with Government Code Section 53646, the City Council will review and update annually a specific investment and portfolio policy. The primary purpose of this policy is to set forth the City’s investment philosophy and objectives. The City’s investment objectives are safety, liquidity, and yield. The policy also specifically outlines authorized investments, the acceptable percentages and maximum maturities allowed for each investment instrument and the criteria used to determine qualified depositories/dealers.
c) In the selection of banking services, a competitive public request for proposal process will be used at least every ten years.
Policy History
1. Adopted October 20,2020
2. Revised March 2,2021
3. Revised January 18, 2022
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Category Description FY 2021‐22 FY 2022‐23 Project Status Streets Zone F Slurry Seal 1,500,000 $ Complete Streets Arterial Street Slurry ‐ Muirlands & Jeronimo 2,500,000 $ In Design Streets Zone A Slurry Seal 750,000 $ In Design Streets El Toro Road (Jeronimo to Trabuco Resurfacing) ‐$ 3,250,000$ In Design Streets CDBG ‐ ADA Ramps Phase 13 144,200$ In Design Streets CDBG ‐ ADA Ramps Phase 14 49,600 $ In Design Streets Arterial Median Improvement Project ‐$ 25,000$ In Design Streets Safe Step Improvement Project 473,000 $ ‐ $ Construction Award Pending Streets Irrigation Conservation Program ‐$ 208,000$ In Design Streets Street Parkway Tree Replacement Program ‐$ 138,000$ In Design Streets Street Name Signs ‐ New Sign Type 150,000 $ 150,000$ In Design Traffic Meadows Traffic Improvements: Bake and Baffin Bay ‐$ 82,000$ Construction Award Pending Traffic Meadows Traffic Improvements: Bake and Toledo 225,000 $ 225,000$ In Design Traffic TSSP ‐ Lake Forest Drive 305,000 Construction (OCTA Led) 2021‐2023 Capital Improvement Program ‐ Project Budget & Status Fiscal Year of Funding
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Category Description FY 2021‐22 FY 2022‐23 Project Status 2021‐2023 Capital Improvement Program ‐ Project Budget & Status Fiscal Year of Funding
Traffic TSSP ‐ Portola/Santa Margarita 225,000$ ‐ $ Construction (OCTA Led) Traffic TSSP ‐ Alton 150,000 $ In Design LFTM Bake Trabuco Irvine Intersection Improvements 700,000 $ 2,300,000$ In Design LFTM Second Eastbound Left‐turn on Bake Parkway at Jeronimo 108,000$ 831,000$ In Design LFTM Southbound Rancho Parkway Widening at Lake Forest Drive for Dedicated Right‐turn Lane 60,000$ 24,000$ In Design LFTM Widening of Southbound Jeronimo at Lake Forest Drive ‐$ 275,000$ In Design LFTM Widening of Westbound Los Alisos to Add a Dedicated Right‐ turn Lane at Rockfield Blvd. ‐$ 100,000$ In Design LFTM El Toro Road & Portola Parkway/Santa Margarita Parkway Intersection Improvements* 2,282,200 Construction Award Pending FCPP Second Left‐turn Lanes in All Directions at the Intersection of Los Alisos and Muirlands 450,000$ 1,450,000$ In Design FCPP Widening/Realignment of Jeronimo at El Toro Road 250,000$ 450,000$ In Design FCPP El Toro Raised Medians from Jeronimo to Trabuco 100,000 $ 800,000$ In Design Parks Arbor Mini Park 741,000 $ ‐ $ Construction Parks Playground Resurfacing ‐ El Toro & Baker Ranch Parks 142,000$ Project Complete Parks Heroes Park Electrical Repairs ‐$ 215,000$ In Design Parks CDBG ‐ El Toro Lodge Pole Repairs 140,000 $ ‐ $ Construction Parks Park Gazebo Repairs/Replacement ‐$ 138,000$ In Design Item: 15
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Category Description FY 2021‐22 FY 2022‐23 Project Status 2021‐2023 Capital Improvement Program ‐ Project Budget & Status Fiscal Year of Funding
Parks Portola Park Lighting 250,000 $ In Design Parks Senior Center Patio Cover In Design
Parks Neighborhood Parks ‐ Vintage and Sundowner* Construction Parks Neighborhood Parks ‐ Borrego Overlook, Regency, and Rancho Serrano* Construction
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CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/16/2022
DEPARTMENT: City Clerk
SUBJECT:
LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE AND ALTERNATE RECOMMENDED ACTION(S):
1. Appoint a Voting Delegate for the 2022 Annual Conference of the League of California Cities, to be held September 7-9, 2022 in Long Beach, CA.
2. Select an Alternate Delegate from the additional conference attendees.
EXECUTIVE SUMMARY:
Each year, the League of California Cities (“League”) Annual Conference and Annual Business Meeting is held for the membership to consider and act on various issues that establish League policy. Member cities are assigned one vote in the determination process. The Annual Conference will be held in Long Beach, California on September 7-9, 2022. The Annual Business Meeting is scheduled for Friday, September 9, 2022. Consistent with the League’s bylaws, voting delegates must be registered to attend either the entire conference or Friday only. The League is requesting the City Council designate a voting delegate and up to two alternate delegates to represent the City’s interests in determining League policy. Staff recommends appointing a voting delegate for the 2022 League Annual Conference and selecting an alternative delegate. Upon the City Council’s action, staff will notify the League and coordinate conference registration and travel accommodations.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
ATTACHMENTS:
1. League of California Cities Annual Conference Voting Procedures
2. Memo from the League of California Cities Dated June 1, 2022 Item: 16
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Initiated By: Vanessa Hall, Acting Assistant City Clerk Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
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