ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM
NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT, APPROVING GENERAL PLAN AMENDMENT 21-
238, SPECIFIC PLAN AMENDMENT 21-239, AND LAND USE
PLAN AMENDMENT 21-241; TO ACHIEVE CONSISTENCY
BETWEEN THE GENERAL PLAN, LOCAL COASTAL
PROGRAM, AND WEST PICO CORRIDOR SPECIFIC PLAN,
AND ZONING REGULATIONS; CHANGE THE LAND USE
DESIGNATION OF TWO PARCELS AT 1510 AVENIDA DE LA
ESTRELLA, AND EXPAND THE ARCHITECTURAL
OVERLAY DISTRICT
WHEREAS, following the 1993 update to the City’s General Plan, the City adopted the West Pico Corridor Specific Plan in 1997. The Specific Plan was adopted to provide more through and definitive planning standards for the revitalization of existing urbanized areas, such as Los Molinos, North El Camino Real, and Pico Corridor. The Specific Plan includes development standards, design guidelines, and procedures to implement the goals, policies, and objectives of the City’s General Plan and Local Coastal Program (“LCP”) Land Use Plan (“LUP”) for portions of West Pico Corridor in the Coastal Zone. Since 1997, several Specific Plan amendments have occurred to address various community issues; and
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:
A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
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B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251; and
C. On December 17, 2019, the San Clemente City Council adopted GPA 19- 291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”).
WHEREAS, at the public hearing on June 12, 2018, the City Council adopted Resolution No. 18-19 approving a comprehensive update to the City of San Clemente’s LUP with suggested modifications (Major LCP Amendment No. 1-16 (LCP-5-SCL-16-0012- 1)); and
WHEREAS, on August 10, 2018, the California Coastal Commission (“CCC”) certified the comprehensive LUP update; and
WHEREAS, on August 17, 2021, the City Council initiated GPA 21-238, SPA 21- 239, ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241 (collectively, the “Project”) to:
A. Change the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to High Industrial. This change is a cleanup item that would make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use. Concrete batch plants would not be allowed on the two parcels, unlike other High Industrial areas of West Pico Corridor.
B. Expand the Architectural Overlay District to include several missing properties along primary circulation routes between Downtown and the Pier Bowl. The Overlay requires the use of Spanish Colonial Revival Architecture for all major remodels and new development.
C. Update the West Pico Corridor Specific Plan to be consistent with the General Plan and LUP, pursuant to the California Government Code Sections 65300.5, 65359, and 65454; and expand the Specific Plan area to include additional parcels.
Additionally, the project includes an update to the design guidelines and standards for Los Molinos that implement General Plan and LUP policies for the Los Molinos Focus Area.
D. Update Title 17 - Zoning to reflect and clarify the changes reference above.
WHEREAS, the draft LUPA underwent a six-week public review and comment period from September 7, 2022 through October 13, 2022, which is a CCC requirement for formal acceptance of the LUPA for processing; and
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WHEREAS, the City analyzed the proposed amendments for CEQA compliance and determined an EIR Addendum may be prepared pursuant to CEQA Guidelines Section 15164(b), according to findings in Section 2 of this Resolution No. PC 22-017. Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning regulations consistent with the General Plan; and the proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. The proposed LUPA is statutorily exempt from CEQA, pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act; and WHEREAS, on October 7, November 18, and December 14, 2021, the City held community outreach meetings to hear the public’s input on the Project. For the October 7, 2021 meeting, a public notice was mailed to property owners and properties within and surrounding the Project area, including the proposed Specific Plan area and expansion area of the Architectural Overlay district. The public notice referenced a Project website created to provide regular updates and dates for future meetings; and WHEREAS, on March 16, 2022, the Planning Commission held a study session to introduce the Project and its scope of work; and
WHEREAS, on March 23, 2022, the Design Review Subcommittee held a meeting to discuss ideas being considered for updates to Los Molinos design guidelines as an implementation measure to the General Plan; and
WHEREAS, on September 7, 2022, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council as fully set forth herein; and
WHEREAS, on October 18, 2022, the City Council held a duly noticed public hearing, considered evidence presented by City staff including a Resolution, limited to the adoption of GPA 21-238, SPA 21-239, and LUPA 21-241, and exhibits attached thereto, and heard other interested parties. Separate from this Resolution, the City Council considered and acted upon ZA 21-240 by Ordinance on October 18, 2022.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
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Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. Compliance with the California Environmental Quality Act.
The City Council has reviewed and considered the certified EIR, EIR Addendum No. 4, the Initial Study, any oral or written comments received, and the administrative record prior to making its decision on the Project. The City Council finds that the certified EIR, Addendum No. 4 to the EIR, and the Initial Study together provide a complete and accurate reporting of the environmental impacts associated with the Project. The City Council finds that the Project is in compliance with CEQA and the State CEQA Guidelines.
Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning regulations consistent with the General Plan. The proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. Further, the proposed LUPA is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act.
Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report.
Based on substantial evidence set forth in the record, including, but not limited to, the certified EIR, Addendum No. 4, the Initial Study, and all related information presented to the City, the City Councils find that: (1) the Project necessitates only minor modifications to the certified EIR such that an EIR Addendum is the appropriate document for compliance with CEQA, pursuant to State CEQA Guidelines Section 15164; and (2) the preparation of a subsequent or supplemental EIR pursuant to State CEQA Guidelines Section 15162 is not required for the proposed Project because:
A. The Project does not constitute a substantial change in the environment that would require major revisions to the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
B. The Project does not constitute a substantial change in the environment with respect to the circumstances under which the Project is undertaken, such that would require major revisions of the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
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C. The Project does not contain new information of substantial importance that was not previously known nor could have been known through the exercise of reasonable diligence at the time the EIR was certified, showing any of the following:
1. The Project would have one or more significant effects not discussed in the certified EIR;
2. Significant effects previously examined would be substantially more severe than shown in the certified EIR;
3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; or
4. Mitigation measures or alternatives considerably different from those analyzed in the certified EIR would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.
5. An EIR Addendum is not required to be circulated for public review, but can be attached to the certified EIR Pursuant to State CEQA Guidelines Section 15164, Subdivision (c). The certified EIR is available on the City’s website at www.san-clemente.org.
Section 4. Findings on Environmental Impacts.
Based upon a review of Addendum No. 4, the Initial Study, the administrative record, the certified EIR, and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project have been addressed within the certified EIR and Addenda Nos. 1 through 4. The City Council finds that no new or additional mitigation measures or alternatives are required and that there is no substantial evidence in the administrative record supporting a fair argument that the Project could result in any significant environmental impacts beyond those analyzed in the certified EIR. The City Council finds that Addendum No. 4 contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the City’s independent judgment and analysis.
Section 5. General Plan Amendment Findings.
With respect to GPA 21-238, the City Council finds the following:
A. The proposed General Plan Amendment is internally consistent with those portions of the General Plan not being amended, in that:
The Amendment updates land use and overlay designations and boundaries of certain parcels to be consistent throughout the General Plan, in addition to Resolution No. Page 6
figures in the LUP, West Pico Corridor Specific Plan, and the Zoning Map, pursuant to the California Government Code.
The Amendment changes the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to one of High Industrial use. This is a cleanup item to make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use, consistent with Governance Element Policy G-1.11, “Keeping the General Plan and Specific Plans Current,” which provides in full: “The City amends the General Plan to reflect new information, changing conditions, needs and community preferences. This may require updating one or more specific plans and other regulatory documents to maintain consistency.”
The Amendment expands the Architectural Overlay District, which requires all major remodels and new development to feature Spanish Colonial Revival Architecture. The overlay expansion adds several missing properties along primary circulation routes between Downtown and the Pier Bowl, that:
a. Provides effective visual connections between the Pier Bowl and Del Mar/T-Zone General Plan Focus Areas, consistent with Land Use Element Policy LU-12.01, “Connectivity to the Del Mar/T-Zone,” which provides in full: “We provide effective visual and transportation connections to the Del Mar/T-Zone area with visual cues such as signage, landscaping and lighting and work with property owners and businesses to provide transit options for visitors seeking to visit both the Pier Bowl, Pier and Del Mar/TZone destinations.” b. Enhances and maintains the City’s Spanish Village by the Sea heritage with an expanded thematic district between the Pier Bowl and Del Mar/TZone General Plan Focus Areas, consistent with the Urban Design Element Goal for Architecture and Landscaping, to “[c]reate and maintain a unique atmosphere and historic identity as ‘the Spanish Village by the Sea’ where development exhibits high quality site planning, architecture and landscaping and reflect a lush Mediterranean landscaped character, emphasizing Spanish Architecture and drought tolerant and California native plantings.”
B. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare, in that:
1. The proposed Amendment furthers the objectives of the General Plan, including:
a. Meeting community values, needs, and conditions;
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b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies.
2. The Amendment does not cause significant new environmental effects, nor substantially increases environmental effects previously studied and mitigated within the certified General Plan EIR, and the Amendment further does not propose site-specific operations or development of any kind.
Section 6. Specific Plan Amendment Findings.
With respect to SPA 21-239, the City Council finds the following:
A. The proposed Specific Plan Amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan, in that:
1. The Amendment updates Specific Plan land use classifications and boundaries, development standards, and design guidelines to achieve consistency with the General Plan and the LCP, pursuant to Government Code Section 65454.
B. The uses proposed in the Specific Plan Amendment are compatible with adjacent uses and properties, in that:
1. The Amendment updates specific plan land use classifications, boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies; and
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2. The Amendment updates the Specific Plan to be consistent with the General Plan. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR; and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses in a manner inconsistent with projections and effects previously studied and mitigated in the EIR, and the Amendment does not propose site-specific operations or development of any kind.
C. The proposed Specific Plan Amendment will not adversely affect the public health, safety, and welfare, in that:
1. The Amendment updates Specific Plan land use classifications, boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies; and
2. The Amendment updates the Specific Plan to be consistent with the General Plan. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR, and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses in a manner inconsistent with projections and effects previously studied and mitigated in the EIR, and the Amendment does not propose site-specific operations or development of any kind.
D. The proposed Specific Plan Amendment will not create internal inconsistencies within the Specific Plan. The Amendment updates land use classifications, boundaries, standards, and guidelines to achieve consistency with the General Plan as required by Government Code Section 65454, improves the Specific Plan’s organization, format, and maps, and updates descriptions of the Specific Plan area to reflect current conditions.
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Section 7. Coastal Land Use Plan Amendment Findings.
With respect to LUPA 21-241, the City Council finds the following:
A. The proposed Land Use Plan Amendment is consistent with the General Plan and other portions of the Coastal Land Use Plan not being amended, in that:
The Amendment updates land use and overlay designations and boundaries of certain parcels to be consistent throughout the General Plan and LUP, in addition to West Pico Corridor Specific Plan and the Zoning Map, pursuant to the California Government Code;
The Amendment changes the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to High Industrial use. This is a cleanup item to make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use, consistent with Governance Element Policy G-1.11, “Keeping the General Plan and Specific Plans Current,” which reads in full: “The City amends the General Plan to reflect new information, changing conditions, needs and community preferences. This may require updating one or more specific plans and other regulatory documents to maintain consistency.”;
The Amendment expands the Architectural Overlay District that requires major remodels and new development to feature Spanish Colonial Revival Architecture. The overlay expansion adds several missing properties along primary circulation routes between Downtown and the Pier Bowl, that:
a. Provides effective visual connections between the Pier Bowl and Del Mar/T-Zone General Plan Focus Areas, consistent with Land Use Policy LU-87, “Connectivity to the Del Mar/T-Zone,” that provides in full: “We provide effective visual and transportation connections to the Del Mar/TZone area with visual cues such as signage, landscaping and lighting and work with property owners and businesses to provide transit options for visitors seeking to visit both the Pier Bowl, Pier and Del Mar/T-Zone destinations.”; and
b. Enhances and maintains the City’s “Spanish Village by the Sea” heritage with an expanded thematic district between the Pier Bowl and Del Mar/TZone General Plan Focus Areas, consistent with Chapter 6, Section 6.1.3 of the LUP, which provides in part: “In order to preserve San Clemente’s unique character new development and improvements should strive to keep the spirit of San Clemente’s unique character as the ‘Spanish Village by the Sea.’”
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B. The Amendment will not adversely affect the public health, safety, and welfare, in that:
1. The proposed Amendment furthers the objectives of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies.
Section 8. City Council Adoption.
Based on the entire record, including all written and oral evidence presented to the City Council, and the findings made and evidence discussed in the staff report and this Resolution, the City Council hereby adopts the following:
A. Exhibit A, EIR Addendum No. 4 prepared to meet requirements of the California Environmental Quality Act;
B. Exhibit B, General Plan Amendment 21-238 that amends Figures LU-1, Land Use; LU-2, Overlays; and UD-2, Architectural Overlay, in their entirety; C. Exhibit C, Specific Plan Amendment 21-239 that updates the West Pico Corridor Specific Plan in its entirety; and
D. Exhibit D, Land Use Plan Amendment 21-241 that amends Figure 2-1-B Land Use Designations, in its entirety; and 2-1-F and 2-1-G, Land Use Overlays; in their entirety.
Section 9. Severability.
If any section, sentence, clause or phrase of this Resolution 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 Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution 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.
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Section 10. Custodian of Records.
The documents and materials associated with this Resolution that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of , , by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney