San Clemente City Council
November 1, 2022

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
5:00 p.m. - Business Meeting Part I
6:00 p.m. - Closed Session
7:00 p.m. - Business Meeting Part II

CITY OF SAN CLEMENTE
Tuesday, November 1, 2022
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

1 City Council Regular Meeting Agenda November 1, 2022
BUSINESS MEETING PART 1 (5:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor Holland Davis, San Clemente Calvary Chapel

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Motion waiving reading in full of all Resolutions and Ordinances

2. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

4. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 18, 2022.

2 City Council Regular Meeting Agenda November 1, 2022
B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) JOINT CITY COUNCIL - PLANNING COMMISSION MEETING
MINUTES OF AUGUST 31, 2022.
(2) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF SEPTEMBER 7, 2022.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF
SEPTEMBER 7, 2022.
(4) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF
SEPTEMBER 28, 2022.
(5) PLANNING COMMISSION REGULAR MEETING MINUTES OF
OCTOBER 5, 2022.
(6) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
OCTOBER 6, 2022.
(7) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF
OCTOBER 12, 2022.
(8) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
OCTOBER 11, 2022.
(9) PLANNING COMMISSION REGULAR MEETING MINUTES OF
OCTOBER 19, 2022
(10) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
OCTOBER 20, 2022
(11) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF SEPTEMBER 27, 2022.

3 City Council Regular Meeting Agenda November 1, 2022
C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2731 THROUGH 2732 AND WARRANT NOS.
584066 THROUGH 584167, PAID ON
10-14-22, IN THE AMOUNT OF..........................................$ 4,507,444.29 (2) APPROVE WIRE TRANSFER NOS.
2733 THROUGH 2736 AND WARRANT NOS.
584168 THROUGH 584335, PAID ON
10-21-22, IN THE AMOUNT OF..........................................$ 1,197,442.98 (3) APPROVE WIRE TRANSFER NOS.
2737 AND WARRANT NOS.
584336 THROUGH 584490, PAID ON
10-28-22, IN THE AMOUNT OF..........................................$ 1,989,999.43 TOTAL WARRANT REGISTER……………………………..$ 7,694,886.70
Payroll Register
Warrant Nos. 885 through 887
Automatic Deposit Advises 81638
through 81915, for the period
10-3-22 through 10-16-22, paid
on 10-21-22, in the amount of………..……..….......………….…….…$ 423,030.13 TOTAL PAYROLL REGISTER………………………………….$ 423,030.13
D. CONTRACT AMENDMENT - MARIPOSA PEDESTRIAN BEACH TRAIL

BRIDGE REPLACEMENT
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C20-52, by and between the City of San Clemente and KPFF Consulting Engineers, providing for additional services concerning scope of work, design and permitting for the replacement of the Mariposa Pedestrian Beach Trail Bridge. This contract amendment increases the contract from $327,000 to an amount not to exceed $554,840 (an increase of $227,840) and extends the contract term through July 31, 2024.

4 City Council Regular Meeting Agenda November 1, 2022
E. ORDINANCE NO. 1736 (SECOND READING) - GENERAL PLAN

AMENDMENT, SPECIFIC PLAN AMENDMENT, COASTAL LAND USE
PLAN AMENDMENT, AND ZONING AMENDMENT; WEST PICO

CORRIDOR SPECIFIC PLAN UPDATE AND ARCHITECTURAL

OVERLAY EXPANSION
Staff Recommendation
Adopt Ordinance No. 1736 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
CERTIFYING ADDENDUM NO. 4 TO THE GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT, AND APPROVING ZONING
AMENDMENT 21-240; TO ACHIEVE CONSISTENCY BETWEEN THE

GENERAL PLAN, LOCAL COASTAL PROGRAM, AND WEST PICO

CORRIDOR SPECIFIC PLAN, AND AMEND THE ZONING MAP TO

EXPAND THE WEST PICO CORRIDOR SPECIFIC PLAN AREA AND

THE ARCHITECTURAL OVERLAY DISTRICT BETWEEN THE

DOWNTOWN AND PIER BOWL AREAS
F. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO
CONSIDER SITE AT 380 AVENIDA PICO (THE CITY’S WATER

RECLAMATION PLANT PROPERTY) AS A POTENTIAL LOCATION

FOR AN EMERGENCY FOOD STORAGE UNIT
Staff Recommendation
Staff recommends that the City Council approve the Public Safety Committee's recommendation to allow a portion of the City's Water Reclamation Plant property located at 380 Avenida Pico to be used for the placement of an emergency food-storage unit.

5. Reports
A. Commissions and Committees
(1) RESIGNATION OF WILLIAM HANRAHAN FROM THE PUBLIC SAFETY

COMMITTEE
Staff Recommendation
..recommendation

1. Appoint Mr. Greenwald to fill the two-year term on the Public Safety Committee.

OR

2. Direct staff to solicit applications for a technical professional with a public safety background to fill the position.

OR

3. Leave the position vacant.

5 City Council Regular Meeting Agenda November 1, 2022
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No. 1800232
CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d) (2)
Number of potential cases: 2
(Settlement Agreement with current owner is linked to agenda.) (Comment Letter - Southwest Regional Council of Carpenters.) BUSINESS MEETING PART 2 (7:00 P.M.)

6. Closed Session Report - City Attorney

7. Special Presentations
Homeless Update
Homeless update to be provided at the November 15, 2022 City Council Meeting.

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

A. 654 CAMINO DE LOS MARES - MASTER PROJECT (MP) 22-089, GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, TENTATIVE PARCEL MAP (TPM) 22-099, CONDITIONAL USE PERMIT (CUP) 22-100, SITE PLAN PERMIT (SPP) 22-103, ARCHITECTURAL PERMIT (AP) 22-101, AND DEVELOPMENT AGREEMENT - SENIOR HOUSING AND

MEDICAL OFFICE
Scheduled to be heard at 7:30 p.m.

6 City Council Regular Meeting Agenda November 1, 2022
A Public Hearing to consider a request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office.

Staff Recommendation

1. Adopt Resolution No. 22-40 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN

ADDENDUM TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS

UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098, AND

DEVELOPMENT AGREEMENT FOR A REQUEST TO DEVELOP A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE ONE LOT INTO TWO LOTS; REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

2. Introduce Ordinance No. 1737 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING

AN ADDENDUM TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS

UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A
MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL
FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO

CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

9. Unfinished Business
None.

10. New Business
A. TRANSIENT OCCUPANCY TAX ALLOCATION
(Agendized at the September 20, 2022 City Council meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson.) Staff Recommendation
Provide direction to staff for earmarking of Transient Occupancy Tax revenues to make policy modification, as necessary.

7 City Council Regular Meeting Agenda November 1, 2022
B. REPORT OF TRAFFIC CALMING PETITIONS RECEIVED REGARDING THE

COAST NEIGHBORHOOD AND CALLE FRONTERA
(Agendized at the October 18, 2022 City Council Meeting by Council.) Staff Recommendation
Receive and file the Administrative Report dated November 1, 2022, and on file with the City Clerk.

C. UPDATE ON PRESSURE WASHING OF SIDEWALKS IN THE DOWNTOWN AREA
(Agendized at the October 18, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Mayor Pro Tem Duncan.) Staff Recommendation
Provide direction to staff regarding which option to pursue.

D. SUNDAY FARMERS MARKET RETURN TO AVENIDA DEL MAR
(Agendized at the September 20, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock, and Mayor Pro Tem Duncan.) Staff Recommendation
Receive and file the Administrative Report dated November 1, 2022, and on file with the City Clerk.

E. ORDINANCE TO ADOPT VARIOUS BUILDING CODE REGULATIONS AND

LOCAL AMENDMENTS
Staff Recommendation

1. Introduce Ordinance No. 1738 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 15 CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16, 15.17,

15.18, 15.20, 15.22, 15.23 AND TITLE 8 CHAPTER 8.16 OF THE SAN

CLEMENTE MUNICIPAL CODE AND, ADOPTING BY REFERENCE THE
2022 CALIFORNIA BUILDINGS STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING IN PART OF THE 2022 ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA
ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA EXISTING

8 City Council Regular Meeting Agenda November 1, 2022
BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED

STANDARDS CODE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS AND DELETIONS.

2. Find that the changes and modifications to the 2022 Editions of the California Building, Plumbing, Mechanical, Electrical, Residential, Existing Building, and Fire Codes are reasonably necessary due to local conditions in San Clemente. Other amendments are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente. Adoption of these codes as amended will implement the latest codes in the City and complies with current State law and repeals Ordinance 1636.

3. Set the Building Code Amendments for Public Hearing on December 6, 2022, and direct staff to advertise the Public Hearing as required by State law.

11. Reports (continued from Business Meeting Part 1)
A. Commissions and Committees
(1) RESIGNATION OF WILLIAM HANRAHAN FROM THE PUBLIC SAFETY

COMMITTEE
Staff Recommendation

1. Appoint Mr. Greenwald to fill the two-year term on the Public Safety Committee.

OR

2. Direct staff to solicit applications for a technical professional with a public safety background to fill the position.

OR

3. Leave the position vacant.

B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

9 City Council Regular Meeting Agenda November 1, 2022

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

13. Adjournment
The City Council is adjourning tonight's meeting in memory of Fred Swegles. The next Regular Council Meeting is scheduled to take place on November 15, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
November 15, 2022: Consideration of Night Surfing.

10 City Council Regular Meeting Agenda November 1, 2022

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

11 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 18, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/26/2022
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CITY OF SAN CLEMENTE
Tuesday, October 18, 2022 5:00 PM
City Council
Special Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by Mayor James on October 18, 2022 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Ferguson, Mayor James, Knoblock, and Ward Councilmember Ward left the meeting at 8:36 p.m.

STAFF PRESENT: Cecilia Gallardo-Daly, Acting City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo,
Legislative Administrator; Megan Jimenez, Deputy City Clerk

BUSINESS MEETING

INVOCATION
Dusty Davis, Shoreline Community Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Aaron Washington led the Pledge of Allegiance.

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Knoblock, second by Mayor James, CARRIED to waive reading in full of all Resolutions and Ordinances.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

13 City Council Special Meeting Minutes October 18, 2022

2. Consideration of agendizing items requiring immediate action None.

3. Oral Communications (Part 1)
Brad Malamud opined on the City's current legal services contract with Best Best and Krieger and current litigation concerning the Transportation Corridor Agency appeal.

Concerned Resident narrated a powerpoint concerning pickleball noise at San Gorgonio Park as it relates to a public nuisance. A hard copy of the presentation is on file with the City Clerk.

Dolores Padgett, Coast HOA President, requested traffic calming measures be considered on Calle Frontera, Calle Juarez and Calle Vallarta due to speeding.

Shawn Grubbs, San Clemente, voiced safety concerns with traffic in the Coast community; urged Council to prioritize traffic calming.

Butterfly Russi, San Clemente, voiced safety concerns with traffic and bike accidents in Forster Highlands; requested Council add additional crosswalks on Camino Del Rio.

Henry Rager, San Clemente, opined that the Coast should not be a main thoroughfare for traffic; voiced safety concerns with traffic and speeding in the Coast.

Amanda Q narrated a Powerpoint entitled "OCTA Scoping Comments & CalTrans Practices." A hard copy of the presentation is on file with the City Clerk.

Stacy Roulette spoke to the need for traffic calming measures in the Coast; voiced concerns with traffic and speeding.

Lisa Edone voiced concern with the growing number of disabled and poorly maintained recreational vehicles in San Clemente and related public health and safety concerns.

Jim Eckel opined on the decreasing property values in the Coast due to traffic issues on Calle Frontera; voiced concerns with vehicle speeds and opined that stop signs and speed bumps will help mitigate speeding vehicles.

Cara Proffet Skinner, San Clemente, voiced concerns over speeding vehicles in the Coast; encouraged the City to take mitigation measures to calm traffic.

14 City Council Special Meeting Minutes October 18, 2022 Traffic Calming Measures in the Coast
Motion by Mayor James, second by Councilmember Knoblock, CARRIED to agendize the consideration of traffic calming measures in the Coast for the November 1, 2022 City Council Meeting.

AYE: Duncan, Ferguson, Mayor James, and Knoblock
NOE: Ward

4. Consent Calendar
The following Items were removed from the Consent Calendar for discussion: 4A(2), 4D, 4E, 4G, 4K, 4L and 4M.

A. City Council Minutes
Motion by Councilmember Ward, second by Mayor James, CARRIED to:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 3, 2022.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Ward, second by Mayor James, CARRIED to receive and file:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 5, 2022
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. Warrant Register
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

Approve Wire Transfer Nos.
2723 through 2730 and Warrant Nos.
583918 through 584065, paid on
10-7-22, in the amount of.............................................................. $ 4,415,253.13 TOTAL WARRANT REGISTER……………….….………........…....$ 4,415,253.13 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

15 City Council Special Meeting Minutes October 18, 2022 Payroll Register
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

Approve Automatic Deposit Advises
81367 through 81637, for the period
9-19-22 through 10-2-22, paid
on 10-7-22, in the amount of........................................................................$ 419,778.73 TOTAL PAYROLL REGISTER.....................................................................$ 419,778.73 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
F. CONTRACT AMENDMENT - COMPREHENSIVE COST-OF-SERVICE STUDY

OF THE CITY'S WASTEWATER UTILITY
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C19-28, by and between the City of San Clemente and Raftelis Financial Consultants, Inc., providing for Wastewater Comprehensive Cost-of-Service Study. This contract amendment increases the total contract amount from $46,708 to an amount not to exceed $61,968 (an increase of $15,260) and extends the contract term through May 31, 2023.

2. Approve a supplemental appropriation in the amount of $15,260 to Account No. 054-471-43690 from the Sewer Fund Depreciation Reserve.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
H. CONSTRUCTION CONTRACT AWARD TO SKYLINE SERVICES, INC. FOR

THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804.

Motion by Councilmember Ward, second by Mayor James, CARRIED to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-64, by and between the City of San Clemente and Skyline Services, Inc., providing for the T-Street Overpass Concrete Rehabilitation, in the amount of $53,522.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

16 City Council Special Meeting Minutes October 18, 2022 I. CONTRACT AWARD - WATER RECLAMATION PLANT (WRP) SODIUM

HYPOCHLORITE TANK REPLACEMENT
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

1. Approve the Plans and Specifications for WRP Sodium Hypochlorite Tank Replacement, Project No. 23405.

2. Approve a supplemental appropriation in the amount of $134,825 to Account No. 052-466-43420-000-23405 from the Water Fund Depreciation Reserve.

3. Approve, and authorize the Utilities Director to execute, Contract No. C22-65, by and between the City of San Clemente and Jennette Company, Inc., providing for the WRP Sodium Hypochlorite Tank Replacement, in the amount of $394,614.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
J. HUMAN AFFAIRS COMMITTEE’S FISCAL YEAR (FY) 2022-2023 WORK PLAN Motion by Councilmember Ward, second by Mayor James, CARRIED to approve the Fiscal Year 2022-23 Human Affairs Committee Work Plan.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
4A(2) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF OCTOBER 4, 2022.

Susan Ambrose, San Clemente, requested that additional language be added to her public comment in the minutes of October 4, 2022.

Motion by Councilmember Ferguson, second by Councilmember Knoblock, FAILED to amend the minutes with the additional language requested by the public speaker.

AYE: Ferguson, and Knoblock
NOE: Duncan, Mayor James, and Ward
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to

APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF OCTOBER 4, 2022 as written.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

17 City Council Special Meeting Minutes October 18, 2022 D. CONTRACT AWARD - STREET IMPROVEMENT ON CALLE DEL CERRO Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to:

1. Approve the plans and specifications for Street Improvement for Calle Del Cerro, Project No.12306.

2. Approve a supplemental appropriation in the amount of $81,000 from the Street Improvement Undesignated Fund balance to Account No. 042-848-45300-000-12306.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-62, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Street Improvement for Calle Del Cerro, in the amount of $792,396.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
E. CONTRACT AMENDMENT - AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN PATH PHASE 1, AND AVENIDA PICO WIDENING I-5 TO FRONTERA
DELETED from the Agenda at the request of staff for additional review.

G. CONTRACT AWARD - DEVELOPMENT OF A NATURE BASED COASTAL

RESILIENCY PROJECT FEASIBILITY STUDY IN CONNECTION WITH THE LOCAL COASTAL PROGRAM ROUND 7 CALIFORNIA COASTAL COMMISSION GRANT Dawn Urbanek asserted improprieties as it relates to 401 wastewater permits and the toll road.

Motion by Mayor Pro Tem Duncan, second by Councilmember Knoblock, CARRIED to:

1. Approve, and authorize the City Manager to execute, Contract No. C22-63, by and between the City of San Clemente and Moffatt & Nichol providing for the development of a Nature Based Coastal Resiliency Project Feasibility Study in connection with the Local Coastal Program Round 7 California Coastal Commission Grant, in the amount of $300,000.

2. Accept grant revenues from the California Coastal Commission in the amount of $300,000 to Account No. 001-000-33490.

3. Authorize a related budget appropriation of $300,000 to Account No. 001-431- 43890.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

18 City Council Special Meeting Minutes October 18, 2022 K. RESOLUTION ALLOWING FOR THE USE OF OCEAN LIFEGUARD PERSONNEL AT

CITY SWIMMING POOL FACILITIES
Acting City Manager Gallardo-Daly will provide an update to Council with a timeline for the Class and Compensation study concerning part-time positions.

Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED to adopt Resolution No. 22-38 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, ALLOWING FOR THE USE OF OCEAN LIFEGUARDS AT ITS PUBLIC SWIMMING POOL FACILITIES.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
L. APPROVAL OF ADDITIONAL SERVICES AGREEMENT FOR FLOCK GROUP INC.

FOR AUTOMATIC LICENSE PLATE READERS AND SERVICES
Captain Benfield, San Clemente Police Services, spoke on the benefits of automatic license plate readers.

Motion by Mayor James, second by Councilmember Knoblock, CARRIED to:

1. Authorize an appropriation of $1,900 from the Council Contingency Fund to Account No. 001-451-43890.

2. Approve, and authorize the City Manager to execute, the additional services agreement Contract No. C22-37, by and between the City of San Clemente and Flock Group, Inc., providing for automatic license plate readers near Max Berg Park. This additional services agreement increases the total contract amount from $49,250 to $68,150 (an increase of $18,900).

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

19 City Council Special Meeting Minutes October 18, 2022 M. PUBLIC SAFETY COMMITTEE 2022-2023 ANNUAL WORK PLAN
William Hanrahan with the Public Safety Committee provided an overview of the Public Safety Committee work plan and responded to Council inquiries.

Council recognized Committee Member Hanrahan for his service on the Public Safety Committee.

Motion by Mayor James, second by Councilmember Knoblock, CARRIED to approve the Public Safety Committee's Fiscal Year 2022-2023 Work Plan and appropriate $3,500 for the Human Trafficking Project from the City's General Fund to Account No. 001-438-44310.

AYE: Duncan, Ferguson, Mayor James, and Knoblock
NOE: Ward

5. Reports
A. Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager Acting City Manager Gallardo-Daly reported that the following professional service contract was executed under her signature authority: 1) Precision Civil Engineering, Inc., for the Housing Element Rezoning Program, in the amount of $50,000.

Housing Element
Acting City Manager Gallardo-Daly reported that the City's Housing Element was certified by the State Office of Housing and Community Development.

Public Safety Town Hall Meeting
Acting City Manager Gallardo-Daly requested confirmation on Councilmembers planning on attending the Town Hall meeting on October 26, 2022 to allow the City to properly notice the meeting.

Interstate 5 Listening Session
Acting City Manager Gallardo-Daly announced that the interstate 5 listening session scheduled for October 20, 2022 is cancelled and will be rescheduled to a date that the transportation subcommittee can attend.

C. City Attorney
None.

20 City Council Special Meeting Minutes October 18, 2022 D. Council Members
Housing Element
Councilmember Ferguson recognized staff for efforts in getting the Housing Element certified.

Underground Utility Lines
Councilmember Knoblock, with the support of Councilmember Ward and Mayor Pro Tem Duncan, agendized a report to include the possibility and necessary steps to underground power lines and available grants from the state. The report is also to include a history on undergrounding power lines.

Bicycle Parking at Riviera
Councilmember Ward, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan, agendized evaluating bicycle parking in the Riviera area to reduce crowding of beach access and sidewalks by parked bicycles.

Recognition of San Clemente Police Services
Mayor Pro Tem Duncan recognized Captain Benfield and the OCSD Deputies for the efforts in apprehending individuals suspected of the recent burglaries in Talega.

Desalination and Water Sustainability
Mayor James announced he toured the Carlsbad and Santa Barbara desalination facilities and attended an infrastructure meeting with the State Infrastructure Advisor Anthony Villariagosa to discuss water availability, conservation and future access to water.

Vehicle Leasing
Mayor James, with the support of Councilmember Knoblock and Councilmember Ward agendized an evaluation of potential cost savings of leasing, rather than purachasing, City vehicles, in the hope that any savings could be applied to the unfunded pension liability.

Risk Financing
Mayor James, with the support of Councilmember Ferguson and Councilmember Knoblock, agendized the issue of insurance coverage, and requested a consultant evaluate the posibility of increasing the City's self insured level as a potential cost savings to assist in funding the unfunded pension liability.

E. Council Subcommittee Updates
Human Trafficking Town Hall
Mayor Pro Tem Duncan spoke on the Human Trafficking Town Hall held on October 12, 2022 and urged continuing education opportunities in the community.

21 City Council Special Meeting Minutes October 18, 2022

MEETING RECESSED
Motion by Mayor James, second by Councilmember Ward, CARRIED to recess at 6:27 p.m.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

MEETING RECONVENED
Council reconvened at 7:01 p.m., with all Councilmembers present.

I-5 Town Hall
Amanda Q reported that Senator Pat Bates and Assembly Member Laurie Davies informed her that they would like to attend the City's I-5 Town Hall Meeting.

6. Closed Session Report - City Attorney
None.

7. Special Presentations
A. Presentation of Proclamation - Red Ribbon Week
Mayor James presented a Proclamation to Amber Holcum and Anna Frazer with the Junior Women's Club proclaiming October 24-28, 2022, as Red Ribbon Week.

B. Presentation of Commendation - Filipe Toledo
Mayor James presented a Commendation to Filipe Toledo in recognition winning the World Championship at the Rip Curl World Surfing League Finals.

C. September Update on the Homeless Issue
Donna Vidrine commented on the need for supportive housing and services for the homeless.

Deputy Community Development Director Atamian presented the City Outreach and Engagement Report for August 2022 and responded to Council inquiries. A hard copy of the August 2022 Outreach Report is on file with the City Clerk.

Acting City Manager Gallardo-Daly will arrange meetings with Be Well to receive additional information on programs and services they offer and how they can assist the City's homeless population.

22 City Council Special Meeting Minutes October 18, 2022

8. Public Hearings
A. CONSIDERATION OF ORDINANCE TO APPROVE MASTER PROJECT (MP) 22-089 - SENIOR HOUSING AND MEDICAL OFFICE, 654 CAMINO DE LOS MARES Public Hearing to consider a request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office.

Mayor James opened the Public Hearing.

Brian Daeley, San Clemente, spoke in opposition of the proposed project at 654 Camino De Los Mares.

Amanda Q voiced concern with the proposed project; spoke to Mayor Pro Tem Duncan's comments concerning the project and opined he should recuse.

Larry Culbertson expressed concern with the proposed architecture and size of the subject project; urged Council to listen to the Design Review Subcommittee meetings before making a decision.

There being no others desiring to speak at this time, motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to continue the Public Hearing to the November 1, 2022 City Council Meeting at 7:30 p.m.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
B. GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, COASTAL LAND USE PLAN AMENDMENT, AND ZONING AMENDMENT; WEST PICO CORRIDOR

SPECIFIC PLAN UPDATE AND ARCHITECTURAL OVERLAY EXPANSION Public Hearing to consider City-initiated amendments to the City's General Plan, West Pico Corridor Specific Plan, Zoning, and Local Coastal Program Land Use Plan.

Associate Planner Wright reviewed the contents of the Administrative Report and responded to Council inquiries.

Mayor James opened the Public Hearing.

Larry Culbertson, San Clemente Historical Society, spoke in support of the Architectural Overlay District.

Mike Gentile noted his property was excluded from the prior specific plan and supported this amendment to include his 3 properties.

There being no others desiring to speak, the Public Hearing was closed.

Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to:

23 City Council Special Meeting Minutes October 18, 2022

1. Adopt Resolution No. 22-39 entitled 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

2. Introduce Ordinance No. 1736 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 4

TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING ZONING AMENDMENT 21-240; TO ACHIEVE CONSISTENCY BETWEEN THE

GENERAL PLAN, LOCAL COASTAL PROGRAM, AND WEST PICO CORRIDOR

SPECIFIC PLAN, AND AMEND THE ZONING MAP TO EXPAND THE WEST PICO

CORRIDOR SPECIFIC PLAN AREA AND THE ARCHITECTURAL OVERLAY

DISTRICT BETWEEN THE DOWNTOWN AND PIER BOWL AREAS

3. Approve and include alternative amendments that add 1311, 1315, and 1401 North El Camino Real into the West Pico Corridor Specific Plan by updating the proposed Resolution and Ordinance according to Attachment 4 of the Administrative Report, dated October 18, 2022, and on file with the City Clerk.

4. Include the following verbiage on pages 109 and 131 of the Resolution and the Ordinance:

Agenda Packet Page 109, EIR Addendum page 64, Heading “Future Condition (Year 2035).” Insert the following after “….based on the Preferred General Plan With FTC scenario.”
"Since the General Plan’s adoption, the State Route 241 (SR-241) FTC toll road extension alignment has been abandoned that was to skirt the eastern perimeter of San Clemente. In 2021, the City adopted a General Plan amendment that updated its Roadway Systems Map to be consistent with the Orange County Master Plan of Arterial Highways inclusion of a planned County of Orange extension of the Los Patrones Parkway Extension (LPPE) that would connect to Avenida La Pata within the City limits.

This change in circumstance is a common occurrence as it relates to infrastructure and development anticipated under a long-range planning document such as a General Plan. Given the limited scope, scale, and nature of the proposed project, the abandonment of the SR-241 extension and planned implementation of the LPPE are not anticipated to substantially alter the basis of conclusions in this addendum. It is also noted that, prior to discretionary approvals for any development occurring under this proposed project, each project would be subject to site-specific analysis under CEQA to determine if significant impacts may occur."

24 City Council Special Meeting Minutes October 18, 2022 Agenda Packet Page 131, EIR Addendum Attachment 1 Page 9, Heading “Future Condition (Year 2035)”, 1st paragraph. Insert the following after “…based on the Preferred General Plan With FTC scenario.”
"Since the General Plan’s adoption, the State Route 241 (SR-241) FTC toll road extension alignment has been abandoned that was to skirt the eastern perimeter of San Clemente. In 2021, the City adopted a General Plan amendment that updated its Roadway Systems Map to be consistent with the Orange County Master Plan of Arterial Highways inclusion of a planned County of Orange extension of the Los Patrones Parkway Extension (LPPE) that would connect to Avenida La Pata within the City limits.

This change in circumstance is a common occurrence as it relates to infrastructure and development anticipated under a long-range planning document such as a General Plan. Given the limited scope, scale, and nature of the proposed project, the abandonment of the SR-241 extension and planned implementation of the LPPE are not anticipated to substantially alter the basis of conclusions in this addendum. It is also noted that, prior to discretionary approvals for any development occurring under this proposed project, each project would be subject to site-specific analysis under CEQA to determine if significant impacts may occur."
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

9. Unfinished Business
None.

10. New Business
A. FILLING OF VACANCIES IN THE ELECTED OFFICES OF CITY CLERK AND CITY

TREASURER
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to advertise the City Clerk vacancy in the San Clemente Times with interviews to be held on November 17, 2022 at 4:00 p.m.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to advertise the City Treasurer vacancy in the San Clemente Times and Orange County Business Journal with interviews to be held on November 17, 2022 at 4:00 p.m.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

25 City Council Special Meeting Minutes October 18, 2022 B. UPDATE OF TREE CITY USA APPLICATION AND CITY TREE POLICY Staff to evaluate the condition of the trees at (Old City Hall Site) 100 Avenida Presidio to determine if trimming is appropriate.

Motion by Mayor Pro Tem Duncan, second by Councilmember Knoblock, CARRIED to receive and file the Administrative Report, dated October 18, 2022, and on file with the City Clerk, and proceed with submitting the application for the City of San Clemente to be recognized as a Tree City to the Arbor Day Foundation.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. UPDATE RELATED TO THE PUBLIC SAFETY COMMITTEE’S E-BICYCLE / TRAFFIC

SAFETY WORK PLAN PROJECT
William Hanrahan with the Public Safety Committee spoke on the efforts of the Committee concerning E-Bikes and responded to Council inquiries.

Motion by Mayor Pro Tem Duncan, second by Councilmember Knoblock, CARRIED to receive and file the Administrative Report dated October 18, 2022, and on file with the City Clerk.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
D. AMENDMENT TO CITY COUNCIL POLICY 1201-11 CITY COUNCIL MEETINGS AND

OPERATING PROCEDURES
Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED to adopt the amended City Council Policy 1201-11 City Council Meeting and Operating Procedures.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
E. REVIEW OF THE BEST BEST AND KRIEGER LEGAL SERVICES CONTRACT City Attorney Smith reported that he has a financial interest in this matter, recused himself from the item, and relocated to the audience at 8:02 p.m.

Brad Malamud voiced concern with the cost of Best Best and Krieger services and urged Council to issue an Request for Proposals.

Scott Smith, responded to Councilmember Ferguson's comments and stated that he is appreciative to serve San Clemente and its residents as City Attorney.

Meeting Recessed
Council recessed at 8:27 p.m. and reconvened at 8:32 p.m., with all members present.

26 City Council Special Meeting Minutes October 18, 2022 Meeting Recessed
Council went into recess at 8:32 p.m. and reconvened at 8:33 p.m., with all members present.

Motion by Councilmember Ferguson, second by Councilmember Knoblock, to issue a Request for Proposal for legal services to include both in-house and contract attorney services.

Substitute Motion by Mayor Pro Tem Duncan, second by Councilmember Ward, FAILED to not issue a Request for Proposal and continue with Best Best and Krieger for legal services.

AYE: Duncan, and Ward
NOE: Ferguson, Mayor James, and Knoblock
The original motion was voted on and CARRIED to issue a Request for Proposal for legal services to include both in-house and contract services. The Request for Proposal is to be issued by November 18, 2022.

AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
City Attorney Smith returned to the dais at 8:40 p.m.

11. Reports
The Reports portion of the agenda was considered earlier in the meeting. Please refer to page 8 of these minutes for a summary of that discussion.

12. Oral Communications (Part 2)
Michelle Brooks, voiced concern that the OC Jail is accepting the address of Family Assistance Ministries as a residence address for retained persons; requested sidewalk sterilization on Avenida Del Mar and El Camino Real.

Mark Enmeier spoke in support of Item 10C (E-Bike safety); urged Council to seek grant opportunities to facilitate E-Bike and vehicle safety.

Tony Rubolino narrated a powerpoint entitled "Mark Enmeier, Can San Clemente Survive Another Chris Duncan?" A hard copy is on file with the City Clerk.

Sidewalk Sanitizing
Councilmember Knoblock, with the support of Mayor James and Mayor Pro Tem Duncan, agendized a report concerning sanitizing the sidewalks in the Del Mar/ El Camino Real T-Zone area at the November 1, 2022 City Council Meeting.

27 City Council Special Meeting Minutes October 18, 2022

13. ADJOURNMENT
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to adjourn at 9:04 p.m. The next Regular Meeting to be held on November 1, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Ferguson, Mayor James, and Knoblock
NOE: None
ABSENT: Ward
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

28 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (1)
Subject:

JOINT CITY COUNCIL - PLANNING COMMISSION MEETING MINUTES OF AUGUST 31, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
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MINUTES OF THE STUDY SESSION OF THE

JOINT CITY COUNCIL & PLANNING COMMISSION

FOR THE CITY OF SAN CLEMENTE
August 31, 2022
6:00 p.m. Regular Meeting
San Clemente Community Center Auditorium
100 Calle Seville, San Clemente, CA 92672

CALL TO ORDER
Planning Commissioner Chair McKhann called the Joint Study Session of the City Council/Planning Commission of the City of San Clemente to order at 6:11 p.m. The meeting was offered in person at The City of San Clemente Community Center Auditorium, located at 100 Calle Seville, San Clemente California, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
City Council
Members Present: Mayor Gene James, Laura Ferguson, Steve Knoblock, and Kathleen Ward
City Council
Members Absent: Mayor Pro Tem Chris Duncan
Planning Commission
Members Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D.; Chair Pro Tem M. Steven Camp, Vice Chair Cameron
Cosgrove, Chair Scott McKhann
Planning Commission
Members Absent: None.

Staff Present: Cecilia Gallardo-Daly, Community Development Director Scott Smith, City Attorney
Jennifer Savage, Assistant to the City Manager

4. ITEM
Master Project 22-089, 654 Camino de los Mares, SC Senior Housing & Medical Office (Savage)
A request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from RMF1 to CC4; DRAFT
30 Minutes of the Joint City Council and Planning Commission Study Session of 08-31-2022 Page 2 and change the General Plan designation from RMF to CC at 654 Camino de los Mares.

Assistant to the City Manager Jennifer Savage summarized the Staff Report, entitled, “Master Project 22-089, SC Senior Housing & Medical Office, 654 Camino De Los Mares, dated August 31, 2022.” A copy of the Presentation is on file In the City Clerk’s office. The presentation included background and Design Review Subcommittee review.

Tom Leary, Senior Vice President of MemorialCare, applicant introduced Dr. Mark Shafer, Chief Executive Officer of the MemorialCare Medical Foundation. Together, they provided a brief overview of MemorialCare’s history and services, and recited demographic, economic and housing statistics related to Orange County and San Clemente seniors. Dr. Shafer identified challenges in senior housing and presented the solution of a new senior community consisting of 250 senior apartments that included 5% or 13 affordable housing units and a health center located at the former San Clemente Hospital site located at 654 Camino de los Mares. The health center would be open to the public at large and will offer primary care physicians, specialty physicians and urgent care services.

Kevin Buchta, Principal and Project Design Director at TCA Architects, Inc., presented the conceptual site plan, view corridor, architecture, entry and amenities.

Chair McKhann invited the public to provide comments.

PUBLIC COMENTS:

Dr. Kent Kazenelson, resident and geriatric doctor in San Clemente, expressed support of the applicant’s project and submitted a letter signed by seventeen practicing doctors in San Clemente in support.

Victoria Hernandez, representing of the San Clemente Chamber of Commerce, expressed support of the project.

Warren and Donna Vidrine, residents, expressed opposition to applicant’s project due.

Paulette Maskarino, representative of South Orange County Economic Coalition (SOCEC), expressed support of applicant’s project.

Marie Siegel, Grace Todd, Michael Turner, Jon Conk, Heather Gilbert RN, Martina, residents, expressed support for the project citing need in the community, compatible location, asked the applicant to consider lowering the height of the building to avoid view blockage, requested Council/Commission review CEQA analysis.

Jill Takahasi, Liberado Martinez, and Jimmy Jo, no cities of residence provided, supported the project.

DRAFT
31 Minutes of the Joint City Council and Planning Commission Study Session of 08-31-2022 Page 3 Jennifer Bullard, Senior Vice President of Advocacy and Government Affairs for the Orange County Business Council, expressed support of the applicant’s project.

Larry Culbertson, resident, expressed opposition of applicant’s project due to high density, and excessive mass and scale design.

There being no other further public comments, Chair McKhann closed the public comment portion of the meeting.

Commission/Council Discussion:
 In response to questions and comments, staff explained details of the location’s Programmatic Environmental Impact Report (PEIR); provided background and details of the process; confirmed that the City Attorney reviewed the report.
 With regard to the parking plans, staff stated the applicant provided a specific guide for a parking study that references the ratios and calculations for the parking evaluation, advised that with the shared parking proposal, even at the peak of usage, there will be enough parking per the study. The Parking Study will be provided at the upcoming public hearing. Staff explained that a traffic study is not required by CEQA, but it is for the City of San Clemente’s project review. A draft has been submitted and is being reviewed by staff prior to being distributed to the Planning Commission.
 In response to questions about the exemptions being requested by the applicant. Staff explained that a change in zoning to CC4 is requested, which is part of the settlement agreement to reverse the property back to original zoning, which allows for senior housing. Also requested is an exemption in the floor area ratio (FAR), number of stories, height and parking. The standards are greater in the senior housing project development standards than the CC4 standards. There is also the Density Bonus Law whereby through the code, the applicant has an opportunity to request an increase in FAR, as well as incentives, concessions and waivers through this process. Additional information will be made available in the upcoming meeting packet.  In response to questions/comments, representatives of the applicants advised the management company/personnel have not been determined at this time; the number of units proposed has not been reduced despite recommendations from the Design Review Subcommittee (DRSC) due to the community plan, state law obligations, consistency with the City’s Housing Element, and current need for senior housing; agreed to provide story poles, qualifications to justify exception requests including FAR and height increases and affordability offerings, as well as a detailed traffic study to include parking plans, egress and ingress options and traffic impacts on inland developments. The required findings will be detailed and clearly stated to support the exemption requests.

DRAFT
32 Minutes of the Joint City Council and Planning Commission Study Session of 08-31-2022 Page 4 Additionally, they agreed to provide a community model, soils reports, and Sea Point Estates view impacts study.

The meeting recessed at 7:12 p.m. and reconvened at 7:21 p.m.  Staff agreed to provide more explanation on the Vehicle’s Mile Traveled Analysis, more detail on the changes made in the state law that was implemented earlier in the year, and benefit comparisons regarding the Density Bonus Law Additional information to be provided at future meetings includes analysis of additional affordable housing property, base Zoning CC4 clarification, discretion limitations of staff, public safety conditions of approval, spaces per unit clarification, exhibits comparing existing restrictions to exemptions requested by the applicant, and details of shared parking agreements.

ADJOURNMENT

THERE BEING NO FURTHER BUSINESS, IT WAS MOVED BY MAYOR JAMES,

SECONDED BY COUNCIL MEMBER KNOBLOCK AND UNANIMOUSLY CARRIED TO

ADJOURN TO THE NEXT REGULAR CITY COUNCIL BUSINESS MEETING TO BE HELD ON SEPTEMBER 20, 2022, AT 5:00 P.M. AT THE COMMUNITY CENTER AUDITORIUM, LOCATED AT 100 CALLE SEVILLE, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

THERE BEING NO FURTHER BUSINESS, IT WAS MOVED BY PLANNING COMMISSION

CHAIR MCKHANN, SECONDED BY COMMISSIONER COSGROVE AND UNANIMOUSLY

CARRIED TO ADJOURN TO THE NEXT REGULAR PLANNING COMMISSION MEETING TO BE HELD ON SEPTEMBER 7, 2022, AT 5:00 P.M. AT THE COMMUNITY CENTER AUDITORIUM, LOCATED AT 100 CALLE SEVILLE, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Cecilia Gallardo-Daly, Community Development Director
DRAFT
33 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (2)
Subject:

PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF SEPTEMBER 7, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (3)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF SEPTEMBER 7, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/27/2022
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40 41
42 43

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (4)
Subject:

DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF SEPTEMBER 28, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
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Design Review Subcommittee Regular Meeting Minutes September 28, 2022 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
SEPTEMBER 28, 2022
Subcommittee Members Present: Bart Crandell, M. Steven Camp, Scott McKhann Subcommittee Members Absent: Cameron Cosgrove
Staff Present: Deputy Community Development Director Adam Atamian, Assistant Planner David Carrillo, Assistant Planner Laura Coury, Senior Planner Sara Toma.

1. MINUTES
A. Minutes from the August 24, 2022 meeting.

B. Minutes from the September 14, 2022 meeting.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Minor Cultural Heritage Permit 22-136, The Rider’s Club Café, 1701 North El Camino Real (Carrillo)
A request to allow an outdoor deck with 20 additional outdoor seats, and to amend Conditional Use Permit 12-001 to expand outdoor alcohol service to the proposed outdoor deck.

Chair Camp opened the item for public comments.

David Carrillo, Assistant Planner, summarized the staff report.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 Asked staff and the applicant how parking is satisfied with the increase of outdoor seating, and requested a parking calculation be provided to the decision-making body.
 Expressed concerns with the deck having a temporary look.  The deck encroachment into the public right-of-way makes the deck look more temporary.
 To unify the old and new decks, consider 1) removing the glass panels on the old deck portion, and 2) painting the new deck the same color as the old.  Consider removing the deck wall which separates the old and new deck to further unify the outdoor dining area.
 Provide in-ground landscaping in front of the subject deck along El Camino Real to mitigate the temporary look as viewed from the street. 45 Design Review Subcommittee Regular Meeting Minutes September 28, 2022 Page 2 The subcommittee concluded the project may be forwarded to the Zoning Administrator with comments from the DRSC addressed, and a parking calculation included in the staff report.

B. Minor Cultural Heritage Permit 22-360 & Minor Exception Permit 22-361, Hager Lannen Remodel and Addition, 216 Avenida Victoria (Coury) A request to consider the remodel of 840 SF single family residence and 243 SF non-conforming garage, with the addition of 545 SF of living space, and a 190 SF studio across from 2 sites on the City’s list of historic resources.

Chair Camp opened the item for public comments.

Laura Coury, Assistant Planner, summarized the staff report.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 The proposed remodel and addition had no impact to the existing 2 sites on the City’s list of historic resources as the proposed project is on the opposite side of the street and cannot be viewed when looking at the 2 historic sites.  Chair Pro Tem Steve Camp suggested the applicant consider simplify the angled design and floating plans of the proposed remodel and addition.

The subcommittee concluded the project may be forwarded to the Zoning Administrator.

C. Ordinance: Urban Lot Split and Two-Unit Project (SB 9) (Toma) Amending Chapter 16.50 and Chapter 17.86 of the San Clemente Municipal Code to establish objective design standards, development and subdivision standards regulating urban lot spits and two-unit housing projects in accordance with California Senate Bill 9.

Chair Camp opened the item for public comments.

Sara Toma, Senior Planner, Adam Atamian Deputy Community Development Director, presented to the subcommittee the revised municipal code amendment to readopt the urban lot split and two-unit project ordinance through the regular process rather than the Urgency Ordinance and address any clean up items.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 Setbacks: will be maintain per the existing ordinance  Open Space/Outdoor Useable Space: Staff will rename “Open Space” section identified in the proposed ordinance to “Outdoor Usable Space” and define it to 46 Design Review Subcommittee Regular Meeting Minutes September 28, 2022 Page 3 be used for yard area for each new unit. For example, an outdoor usable space can be defined as having a minimum dimension of ten feet in every direction, is landscaped and developed for active or passive recreational and leisure use, and is conveniently located and accessible. Tying the outdoor usable space with the proposed patio, balcony, etc. The subcommittee is in support of the minimum outdoor usable space and landscaping. Define outdoor usable space.  Tentative Parcel Map: Subcommittee was concerned with the 3 months expiration date identified in the Urgency Ordinance in relation with the County Recorders current timeline of processing the application. Staff is working with Public Works and City Attorney to revise the expiration date.  CC&Rs: To be determined if we want to include language addressing CC&Rs.  Setbacks: In regards to the Lot split, on page 18 of the draft Ordinance, the Subcommittee had some concerns that the language drafted in the section ii (A) Existing Structures, could possibly cause some confusion. Staff will revise language.
 Front Setback Area: the subcommittee suggested that the proposed 25 feet from the property line is excessive, and suggested at maximum be consistent with the Zone Code.
 Garage: minimum interior clearance – add language and update measurements as follows:
o One Car Garage: 9 X 18
o Two Car Garage: 18 X 18
 Building Separation: Existing structure setbacks, if there are no setbacks, this would require the Cal Fire Code building separation.
 Perimeter Walls: Subcommittee didn’t support this policy. Staff will remove it.  Architecture:
o Lighting: Subcommittee recommend staff change down-lights to shielded exterior lighting to match the City’s existing Zoning Code. o Subsection E.: The Subcommittee recommended the removal of this section regarding windows or door in direct light of sight with adjoining residential property,
o Drive access: To revise language to avoid land locked parcels. o Define stories: Add language to define stories as defined within the City’s Zoning Code.
 Landscaping:
o Screening. 3(B). The Subcommittee recommended staff to revise the language to be more flexible, if the applicant cannot meet the ordinance requirements, a City Planner interpretation and/or determination for an alternative method of approval of proposed landscaping. o Amount of landscaping will be included in the ordinance, for maintenance staff will defer to the Zoning Code.
 Storage Facility: Subcommittee recommend staff to look into what other cities have done within their zoning code to address storage faculties, San Luis Obispo design zoning code was suggested as a good an example.
 Laundry Facility: This section will be revised to include language that states, all laundry space will be located inside the unit.
47 Design Review Subcommittee Regular Meeting Minutes September 28, 2022 Page 4  Mechanical Equipment: language to be revised to remove “either on or off the property” to “to be screened from public view” – this will focus on screening from public right of way.
 Access and circulation: Subsection (iii) will be revised to reflect Public Works driveway requirement.
 Refuse Storage Area: Revise language to reflect the City’s franchise waste hauler.
 Utilities: Staff will check with Utilities Division regarding the requirement for each unit on the lot to have its own direct utility connection to the utility service provider.

Staff has planned to return to the DRSC for another round of review prior to moving the project forward to Planning Commission review.

D. Conditional Use Permit (CUP) 22-236 Dish Wireless Telecommunication Facility (Toma)
A request to install building-mounted antennas with equipment enclosure on an existing self-storage facility with other existing wireless facilities located at 170 Avenida La Pata.

Chair Camp opened the item for public comments.

Sara Toma, Senior Planner, presented the proposed request for a new wireless telecommunication facility on an existing self-storage facility. In addition, the applicant provided a description of the project.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 The DRSC moved the item for approval.

The subcommittee recommend that the project move forward to the Planning Commission for review and approval.

3. NEW BUSINESS
None

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
None
48 Design Review Subcommittee Regular Meeting Minutes September 28, 2022 Page 5

ADJOURNMENT
Adjourned to the October 12, 2022 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steve Camp, Chair
Attest:
_______________________________
Adam Atamian, Deputy Community Development Director
49 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (5)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 5, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
powered by Legistar™ 50
These minutes will be considered for approval at the Planning Commission meeting of 10-19-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
October 5, 2022 @ 6:00 p.m.

San Clemente Community Center Auditorium
100 Calle Seville, San Clemente, CA 92672
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:08 p.m. The meeting was offered in person at The City of San Clemente City Hall Council Chambers, located at 910 Calle Negocio, San Clemente California, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Commissioner McCaughan led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Gary P. McCaughan, M.D. Karen PrescottLoeffler; Chair Scott McKhann Commissioners Absent: Brent Davis, Chair Pro Tem M. Steven Camp, Vice Chair Cameron Cosgrove
Staff Present: Adam Atamian, Deputy Community Development Director Cecilia Gallardo-Daly, Community Development Director
Jennifer Savage, Assistant to the City Manager
Sara Toma, Senior Planner
David Carrillo, Assistant Planner
Zachary Ponsen, Acting Deputy Public Works Director
Matthew Richardson, Assistant City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Study Session of the Planning Commission Meeting of September 7, 2022.

DRAFT
51 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 2 B. Minutes from the Regular Planning Commission Meeting of September 7, 2022.

Commissioner Prescott-Loeffler stated that she had viewed the video of the meetings she did not attend in person.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED 4-0-0 TO
RECEIVE AND FILE THE MINUTES FROM THE SEPTEMBER 7, 2022,

PLANNING COMMISSION REGULAR STUDY SESSION AND THE
SEPTEMBER 7, 2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. 654 Camino De Los Mares – Master Project (MP) 22-089, Architectural Permit (AP) 22-101, Conditional Use Permit (CUP) 22-100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098 – Senior Housing and Medical Office (Savage)
A request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan Designation from RMF to CC at 654 Camino De Los Mares. The project includes requests for shared parking, an increase in floor area, and a concession/incentive/waiver pursuant to State Density Bonus Law.

Jennifer Savage, Assistant to the City Manager, narrated a PowerPoint Presentation entitled, “Senior Housing and Medical Office, MP 22-089, GPA 22-097, ZA 22-098, TPM 22-099, CUP 22-100, SPP 22-103, and AP 22- 101,” dated October 5, 2022. A copy of the Presentation is on file in the City Manager’s Office. Assistant Savage reviewed the request including the variances requested, indicated where in the packet information supporting the variances was included, and reviewed modifications to selected conditions. She noted that due to a clerical error, the Project’s Development Agreement was not including in the noticing of the project, and was therefore exempt from consideration this evening. She noted the Commission in the DRAFT
52 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 3 alternative had the option of forgoing Development Agreement review and forwarding it to the City Council for their consideration and action.

Matthew Richardson, Assistant City Attorney, advised with regard to Density Bonus Law, if the applicant has the provided the qualifying information in order to be eligible for the Density Bonus, the City’s hands are tied with regard to providing input on certain variances and/or modifications for the project.

Tom Leary, Senior Vice President of Memorial Care, described the vision of the project, which is senior living with health center located nearby. He thanked all for participating in the planning of the project and provided an overview. He announced at the meeting that after working with the San Clemente Affordable Housing Coalition (SCAHC), they’ve agreed that the total affordable housing aspect of the project can be up to 8%.

Tim Mustard, Hunsaker & Associates, Irvine, Architect for the applicant, provided additional details of the project including street views from all sides and potential view blockages from surrounding residential/commercial properties. No additional concessions in affordable housing are proposed and they suggested that the 8% be a mixture of affordable housing options rather than just all Very Low. No specific details on the mix, location, etc. of the affordable housing units has been proposed at this time. The proposed Development Agreement runs with property and any proposed modifications have to be approved by both parties.

Chair McKhann opened the public hearing.

Linda Yeargin, Dr. Predrag Mitrevski, Grace Todd, Robert Henry (speaking on behalf of resident Cassidy Esperhat), Jimmy Jo (speaking on behalf of Mabel Flanders), Terri Whitt Rydell, James Watkins, residents, spoke on behalf of the project. Debbie Salahi, Rona Henry, Dr. Hitash Patel, Maura Mikulec, and JR Owens, no cities of residence given, also voiced support.

Summary of the comments in support include:
 Immense need for senior housing in the City and Orange County overall.
 Support for the project overall; comment that up to 15% could be dedicated as affordable housing units and still allow the project to turn a profit; encouraged the City continue pushing for 15% and to get as many concessions as possible from the developer before consenting to the project.
 Many amenities such as food, groceries, shopping, etc., are located close by within walking distance.

DRAFT
53 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 4  Memorial Care as an employer cares about its employees, supports the surrounding community, and provides grants to community-based organizations.
 Support from the San Clemente Affordable Housing Coalition members in order to fulfil existing demand for affordable housing for seniors, allow seniors to stay in the community rather than be forced out due to high rental/home ownership costs, and provide much needed daily and urgent medical care.
 Suggested all units proposed be designated low income due to high demand in Orange County and increasingly aging population.  Economically disadvantaged seniors’ health will improve with the addition of housing as well as the nearby urgent care and medical offices.
 Seniors living on the street will be able to get into affordable housing; the addition of affordable housing, doctor care, and accessible urgent care can be the difference between life and death for seniors.

David Abernathy, Jon Cork, Richard Monks, Linda Rogers, Ken Rogers, Carey Bettencourt, Ed Bettencourt, Dr. Navneet Boddu, Richard Palys, Dr.

Lawrence Chang, Amanda Q., Dr. P. Kalimada, Ken Rogers, Linda Rogers, Mark McGuire, Larry Culbertson, and Frank Safovilla, residents, opposed the project.

Summary of the comments in opposition include:
 Concern about increasing traffic in an already congested area; suggested the total number of units on site should be limited to 125.  Requested the applicant be required to install story poles to indicate the negative impacts on residential and commercial views.  The project should be held to existing regulations including only 3 stories, lower heights and lower FAR; a detailed and independent traffic study should be commissioned.
 The project is being rushed by the applicant through the approval process; the City has made too many concessions to the applicant; additional review should be encouraged and opportunities for the public to speak should be offered; the Environmental Study should be made available to the public for scrutiny.
 The view simulations have been misrepresented by the applicant and must be recalculated by an independent source to ensure accuracy.  The project is too large, too dense, too high, and poorly designed for the site; it does not complement existing buildings and will overshadow the block.
 Not enough parking is proposed; most seniors are still driving and are part of a two-car household; concern regarding seniors jay-walking and on the streets while cars race up and down unchecked.  The revisions suggested by the Design Review Sub-committee (DRSC) during 4 review meetings have been ignored.

DRAFT
54 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 5  Residents living in Sea Pointe will have their views destroyed and home values diminished; the height limits of buildings along Camino De Los Mares should not be increased as home buyers relied on those limits when purchasing their homes and paying premiums for views.
 Reading aloud of an online position requesting the Planning Commission and City Council reject the project due to its increased height, increased FAR, massiveness, high density, traffic and parking impacts and view blockages; requested installation of story poles for accurate view impacts; rejection of shared parking plans due to existing highly congested parking and streets; additional public input opportunities and a heightened understanding of the project as proposed.
 San Clemente has many senior residential facilities to fill the need; the urgent care unit will not replace the need for a hospital.  The project will reduce the safety of other residents due to its density and lack of parking; the OCFA facility is too close, will generate too much traffic and has inadequate parking to meet its real demand.  Residents banded together to oppose this project need real facts and figures; those in favor of the project include those that in the past promoted the toll road extension; business groups support the project in order to increase their own sales.
 Adding this many units will increase traffic congestion to and from the City as well; trips to Mission Hospital which used to take 15 minutes now take 25. Water shortages and potential for power blackouts will increase; adding this kind of density to will turn the City into a “Concrete Jungle by the Sea.”
 The City’s soul is being changed by too much density; history is being replaced with modernity and its village feeling will be lost; support redevelopment of the site as long as it is kept to existing rules and regulations; at least 20-30 residences above will be negatively affected by view blockage if the increased height is allowed.

Connor Medina, speaking on behalf of the Orange County Business Community, supported the proposed housing; commented that currently there are 60K seniors over 60 living in Orange County; the housing stock is incapable of keeping up with demand. The project will be of much benefit to San Clemente business owners and help seniors remain in the City.

Jake Anderson, President, Laguna Hills Chamber of Commerce, recounted that his grandparents had to leave the City due to high costs of housing, and being able to place them in housing such as this would have been a better solution. He commended Memorial Care for being incredibly invested in the communities they serve.

Susie Lantz, CEO, San Clemente Chamber of Commerce, supports the project for its design sensitivity to the area. Benefits to the community include DRAFT
55 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 6 access to wellness experts, urgent care and much needed senior housing.

Additionally, the project will bring job opportunities, economic vitality, and enhance quality of life for all.

David Simpson, speaking on behalf of Cox Communications, commented that the aging population needs access to good health care; noted the site has been a vacant eyesore for many years and delaying development will only increase costs of redevelopment in the long run.

There being no additional testimony, Chair McKhann closed the public hearing.

Commission Comments:
 Does not support the architectural compatibility findings as the third story should be stepped back to provide interest; Can make the findings for the Zoning Amendment and General Plan Amendment
 Agreed the need for this type of facility exists in the City; suggested traffic safety, parking requirements, and intensity of use need to be addressed further.
 Suggested the site is not suitable for this intensity of use due to insufficient parking available, conflict between the two sites, and number of variances.

Due to concerns, the site is detrimental to the public’s health, safety and welfare.
 Expressed general support for this type of project, but questions regarding parking management and concessions remain; disappointing that the State will allow so many concessions and take ability away from cities to have any say in the project.
 Lack of private outdoor space for each unit for health benefits is a concern;  Discussed potential actions including continuing the project to allow the Development Agreement to be included in the Commission’s recommendation; recommendation of approval or denial to City Council, with the Development Agreement sent forward without recommendation; concurred there was not enough time to notice the Development Agreement and meet for a special meeting to consider it before the City Council meeting of October 18, 2022.
 Agreed the percentage of affordable homes should be higher than the 8% offered without the addition of any more concessions.

Zachary Ponsen, Acting Deputy Public Works Director, noted staff has reviewed the studies submitted and are satisfied with the analysis given; noted the current proposal is for less units than could be developed.

Greg Sanders, Attorney for the applicants, suggested the Commissioners’ comments and concerns be memorialized for City Council consideration; expressed preference to receive a recommendation this evening to keep the project on DRAFT
56 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 7 schedule rather than continue the project to allow Planning Commission discussion of the Development Agreement.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, AND UNANIMOUSLY CARRIED 4-0-3 TO:

1. Deny recommending that City Council determine that the proposed addendum involves only minor technical changes to the 2021 FEIR and would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 FEIR, and, as such, an addendum is the appropriate environmental document under Section 15164 of the State CEQA Guidelines; and

2. Deny recommending that City Council adopt Resolution no. 22-021, entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098, FOR A REQUEST TO DEVELOP A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500
SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE ONE LOT INTO TWO
LOTS; REZONE THE PROPERTY FROM REGIONAL MEDICAL
FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND

CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC,
LOCATED AT 654 CAMINO DE LOS MARES,” subject to the attached conditions of approval.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
Chair McKhann recessed the Commission meeting at 9:35 p.m. and reconvened at 9:45 p.m.

B. CUP 22-141/MCUP 22-222 Delahunt Brewing Tasting Room and Off-Site Parking Agreement, 1011 Calle Recodo (Carillo)
A request to establish a tasting room with indoor and outdoor seating, exterior changes, and an off-site parking agreement at Delahunt Brewing located in the Business Park Zone within the Rancho San Clemente Specific Plan.

David Carrillo, Assistant Planner, summarized the staff report.

Rob Johnson, the applicant, was present for comments/questions.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

DRAFT
57 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 8

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY CHAIR MCKHANN, AND UNANIMOUSLY CARRIED TO:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15311 (Class 11: Accessory Structures); and

2. Adopt Resolution no. 22-020, entitled, “A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 22-141/MINOR CONDITIONAL USE PERMIT 22-222/MINOR ARCHITECTURAL PERMIT 22-221,

DELAHUNT BREWING TASTING ROOM AND OFF-SITE PARKING

AGREEMENT, TO ALLOW A TASTING ROOM WITH INDOOR AND

OUTDOOR SEATING, AND AN OFF-SITE PARKING AGREEMENT AT
DELAHUNT BREWING LOCATED AT 1011 CALLE RECODO.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] C. CUP 22-236 Dish Wireless Telecommunication Facility, 170 Avenida La Pata (Toma)
A request to install building-mounted antennas with equipment enclosure on an existing self-storage facility within other existing wireless facilities located at 170 Avenida La Pata. The site is located in the Rancho San Clemente Specific Plan (RSCSP), which identifies the land-use designation of the property as LightIndustrial.

Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Dish Wireless Telecommunication Facility, Conditional Use Permit 22-236,” dated October 5, 2022. A copy of the Presentation is on file in Planning Division.

Peter Blad, representing Dish Wireless, thanked the Commissioners for their public service; Senior Planner Toma for her assistance; requested removal of Condition

4.16 as it is unrelated to this project. Senior Planner Toma concurred with his request.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED, 4-0-0, TO:

1. Determine the project is Categorically Exempt from the requirements of the State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15303 (Class 3: New Construction or conversion of Small Structures); and
DRAFT
58 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 9

2. Adopt Resolution no. PC 22-018, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-236, DISH

WIRELESS TELECOMMUNICATION FACILITY, A REQUEST TO ALLOW A

NEW WIRELESS TELECOMMUNICATION FACILITY AND
ACCOMPANYING GROUND MOUNTED EQUIPMENT LOCATED AT 170
AVENIDA LA PATA.”
Amended as follows:

Remove Condition no. 4.16 in its entirety.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] D. 1108 North El Camino Real – Conditional Use Permit 22-078 – San Clemente Gym (Atamian)
A request to establish a new fitness facility within an existing commercial building located within the Neighborhood Commercial (NC-2) Zoning District and Affordable Housing and Architectural Overlays at 1108 North El Camino Real. The applicant proposes to occupy the entire, approximately 5,300 square-foot building for the proposed use to include fitness facility area and other areas of use ancillary to the primary use, such as office and storage areas. Hours of operation will occur seven days a week, approximately between 5:00 a.m. and 10:00 p.m. on weekdays, and 7:00 a.m. and 7:00 p.m. on weekends.

Adam Atamian, Deputy Community Development Director, narrated a PowerPoint Presentation entitled, “San Clemente Gym, CUP 22-078,” dated October 5, 2022. A copy of the Presentation is on file in Planning Division.

John Openshaw, the applicant, has been in the community for 44 years. The original gym location was displaced by a flood in October 2021. He requested to be allowed to keep the gym open until 10:00 p.m. on weekdays; noted most members arriving at 5:00 a.m. arrive on bikes and/or golf carts.

Chair McKhann opened the public hearing.

Stanley Mave, resident, supports the gym but opposes the noise made by cars and/or motorbikes at 5:00 a.m.

Thomas Cook, resident, is also often awoken by motorbikes and loud cars in the morning, but supports the gym location. He asked if the gym operating hours could be adjusted so they do not open so early in the a.m. He also asked that the City consider enforcing the “No Overnight Parking” restrictions on the public streets in the area to open up parking for others.

Chair McKhann closed the public hearing.

DRAFT
59 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 10 Deputy Director Atamian advised that cars and motorbikes are present in the area, although not necessarily going to the gym. Discussion ensued regarding potential solutions, with the Commission, staff, applicant and public present concluding that delaying opening the parking lot of the gym, and directing early a.m. gym members to park on the street between 5:00 and 7:00 a.m. might alleviate the noise impacts for Mr. Mave and Mr. Cook’s households. Deputy Director Atamian offered to provide a verbal update to the Commission following 3 months of operation, with a written report at 6 months.

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER AND UNANIMOUSLY CARRIED 4-0-0 TO:

1. Determine the project is categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and

2. Adopt Resolution no. PC 22-022, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-078, FOR

SAN CLEMENTE GYM TO ESTABLISH A NEW COMMERCIAL FITNESS
FACILITY AT 1108 NORTH EL CAMINO REAL.”
Amended as follows:

Staff to add Condition of Approval 7.21 as follows: “All operations of the fitness facility shall only occur between 5:00 am and 10:00 pm on weekdays, and 7:00 am and 7:00 pm on weekends.”
Staff to add Condition of Approval 7.22 as follows: “To mitigate early a.m. noise impacts, the applicant will close the parking lot to full size cars and motorbikes on weekdays between 5:00 and 7:00 a.m. E-bikes and golf carts will be allowed.” Additionally, the above Condition of Approval will be modified to direct staff to provide a verbal report 3 months after the commencement of use on the status of the parking lot between 5:00 and 7:00 a.m. and a written report after 6 months.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None
DRAFT
60 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 11

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waiver Memo and Reports
Reports received and filed.

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR MCKHANN AND UNANIMOUSLY CARRIED TO ADJOURN AT 11:00 P.M.

TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON OCTOBER 19, 2022, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
DRAFT
61 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (6)
Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 6, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
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These minutes will be approved by the Zoning Administrator on 11/3/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
OCTOBER 6, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on October 6, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Sara Toma, Senior Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the August 18, 2022 Zoning Administrator Meeting.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. MCHP 22-111, Koch-Wong Residence, 238 West Mariposa (Toma) A request to add a new garage and remodel the interior of an existing two-story, two-unit multi-family dwelling within the Residential Medium Density (RM) Zoning District and within 300 feet of Historic property.

Staff recommends that the Zoning Administrator:

DRAFT
63 Minutes of the Zoning Administrator Meeting October 6, 2022 Page 2 A. Determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:

Existing Facilities); and
B. Adopt Resolution ZA 22-018, approving Minor Cultural Heritage Permit 22-111, Koch-Wong Residence, subject to conditions of approval.

Senior Planner Sara Toma summarized the staff report.

ZA Gallardo-Daly asked Toma who verified that when the Design Review Subcommittee (DRSC) or the Cultural Heritage Subcommittee reviewed the project, the committee concurred with staff’s recommendation to not exceed the current height of the existing structure, so as not to exacerbate the nonconformity so the project does comply. ZA Gallardo-Daly asked what the DRSC meant that it is outside the DRSC scope in their comment expressing concerns with the garage door materials being wood, and that it takes away from the design. Toma responded that there was a discussion as to style and the cost of various materials, whereas the cost of the project is outside the scope of the DRSC.

At ZA Gallardo-Daly request, Rob Williams of Studio 6 and the architect on the project added that the very last page of the packet reflects the elevation submitted to the DRSC for their review; however, the elevation was later redesigned based on the feedback from the DRSC. The new submittal that is in the current packet reflects a metal and glass garage door instead of wood and incorporates a stone facade, both suggestions made by the DRSC.

Having no further questions, ZA Gallardo-Daly opened the public hearing.

There being no public comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly reviewed the staff reports, plans, and findings and stated that the exterior improvements are attractive additions that are within the existing footprint without deviation to the development standards and nothing that would add to the property’s existing non-conformity. The design is not going to have a negative impact on the historical structure across the street. ZA Gallardo-Daly was able to make the findings for a Minor Cultural Heritage Permit.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

DRAFT
64 Minutes of the Zoning Administrator Meeting October 6, 2022 Page 3 Action: The Zoning Administrator adopted Resolution ZA22-018, and approved Minor Cultural Heritage Permit 22-111, Koch-Wong Residence, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:11 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, October 20, 2022 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Cecilia Gallardo-Daly, Zoning Administrator
DRAFT
65 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (7)
Subject:

DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF OCTOBER 12, 2022.

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Design Review Subcommittee Regular Meeting Minutes October 12, 2022 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
OCTOBER 12, 2022
Subcommittee Members Present: Bart Crandell, Scott McKhann (Alternate) Subcommittee Members Absent: Chair Steven Camp, Cameron Cosgrove Staff Present: Adam Atamian, Deputy Community Development Director David Carrillo, Assistant Planner

1. MINUTES
The Subcommittee approved the minutes from the September 28, 2022 regular meeting with no changes, motion by McKhann, second by Crandell, passed 2-0-1.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Minor Cultural Heritage Permit 22-196, Seasurf Fish Co. Exterior, 202 North El Camino Real (Carrillo)
A request to allow exterior improvements, including an awning structure, to an existing outdoor dining patio located in the Downtown T-Zone District.

David Carrillo, Assistant Planner, summarized the staff report.

Chair Crandell opened the item for public comments. Staff stated no public comments were received.

The applicant, Andrew Yun, discussed the proposed project, citing the need for outdoor covering as necessary due to all of the restaurants seating being located outdoors.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 Supported the applicant’s desire to maintain the vertically oriented wrought iron fence.
 Suggested incorporating a brown wood trellis over the patio along El Camino Real to further implement Spanish Colonial Revival elements.  Suggested the City’s Landscape Consultant review the project for feedback on landscaping modifications.
 Directed staff to investigate the review and approval process for outdoor TVs.  Suggested the applicant add more details to the awning structure, similar, but not identical, to Iva Lee’s awning structure.
 Suggested the applicant focus on adding more Spanish Colonial Revival elements on areas more visible from El Camino Real and Avenida Cabrillo. 67 Design Review Subcommittee Regular Meeting Minutes October 12, 2022 Page 2 The Subcommittee provided minor comments for the applicant to consider, and supported forwarding the project to the Zoning Administrator for review.

3. NEW BUSINESS
None

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
None

ADJOURNMENT
Adjourned to the October 26, 2022 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
Barton Crandell, Subcommittee Member
Attest:
_______________________________
Deputy Community Development Director Adam Atamian
68 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (8)
Subject:

HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF OCTOBER 11, 2022.

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These minutes will be considered for approval at the Regular Meeting of the Human Affairs on 12/13/22.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
OCTOBER 11, 2022

1. CALL TO ORDER/ROLL CALL
Chair Edone called the Special Meeting of the City of San Clemente Human Affairs Committee to order on October 11, 2022 at 3:48 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Chair Lisa Edone, Vice Chair Aaron Washington, Stuart Anderson, Michelle Brooks, Angeline Johnson, Rosemary
Salas, and Jill Schachter (arrived at 3:42 p.m.)

Absent: None
Guest: Bret Shull
Staff Present: Janet Batchelor, Management Analyst

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Vice Chair Aaron Washington.

3. APPROVAL OF MINUTES
A. Minutes from the September 13, 2022 Special Meeting of the Human Affairs Committee.

MOTION BY COMMITTEE MEMBER ANDERSON, SECONDED BY VICE
CHAIR WASHINGTON AND CARRIED UNANIMOUSLY to approve the minutes from the September 13, 2022 Special Meeting of the Human Affairs Committee as submitted.

B. File and receive City Council directed changes to the minutes from the August 16, 2022 Special Meeting of the Human Affairs Committee.

MOTION BY COMMITTEE MEMBER ANDERSON, SECONDED BY
COMMITTEE MEMBER SALAS AND CARRIED UNANIMOUSLY to file and receive City Council directed changes to the minutes from the August 16, 2022 Special Meeting of the Human Affairs Committee.
70

Minutes of the Regular Meeting of the Human Affairs Committee of October 11, 2022

4. UNFINISHED BUSINESS
A. FY 2022-23 Draft Work Plan
Chair Edone explained the Work Plan’s approval process, summarized each project on the Work Plan and encouraged the members to attend the October 18, 2022 City Council meeting.
• Project #1. Homeless Town Hall & Community Resource Fair: Stuart Anderson and Lisa Edone, chaired by Aaron Washington.

The Committee discussed resources for homeless and suggested providing information on foodbanks.

Chair Edone requested the members provide her with details on foodbanks so she could compile a list. She also requested staff provide available dates in March for the Spring 2023 event.

The Committee changed the name to Town Hall & Community Resource Fair - (mental health, homelessness, special needs) and the description to “Host a Town Hall meeting on homelessness, mental health, and special needs community resources”.

It was determined that the group would request San Clemente Times donate advertising; the City provide funds for flyers; and local businesses to donate refreshments. Additionally, the group will consider a crisis assessment team coming to the City.
• Project #2. Resources Directory: Stuart Anderson and City Staff support, chaired by Lisa Edone.

The Committee discussed the difficulty in locating the resources on the City’s website and the need for the information to be quickly navigable, user friendly, mobile friendly, and click to call.

The Committee indicated support for the project as drafted with a timeframe of November 2022 through January 2023 depending on IT support.
• Project #3. Overall Homelessness Strategy: Angeline Johnson and Michelle Brooks, chaired by Stuart Anderson.

Member Brooks clarified the purpose of the project was to review best practices and recommendations from comparable, coastal cities. 71

Minutes of the Regular Meeting of the Human Affairs Committee of October 11, 2022 The Committee discussed the need for services and the importance of coming up with a plan and concurred with the proposed project and description.
• Project #4. Mentorship Program for Young Adults & Grades 10-12 “A Day in the Life”: Rosemary Salas and Aaron Washington, chaired by Jill Schachter.

The Committee discussed the purpose of the program, potential job opportunities, and need to engage businesses. It was determined that a master list of contacts and commitments would be compiled and then presented at the high school. Additionally, the information should be advertised in the San Clemente Times.

The Committee agreed to change the start date to November 2022.

Per the work group’s recommendation, the Committee approved changing the project from “Young Adults & Grades 6-12” to “Young Adults & Grades 10-12.”
• Project #5. “Every 15 Minutes” DUI Prevention Program: Jill Schachter and Michelle Brooks, chaired by Rosemary Salas.

The Committee described the program and determined to add that the Grant application had been submitted by San Clemente High School.

South County Safe Rides Program: Angeline Johnson and Jill Schachter, chaired by Michelle Brooks. This program is inclusive of Project #5.

Member Schachter explained the volunteer designated driver program for teens by teens.

The Committee discussed drug abuse and the need for safe rides home and determined to add investigation of a potential South County safe rides project partner.
• Project #6. SCHS Humanitarian Award: Jill Schachter and Angeline Johnson, chaired by Rosemary Salas.

There were no changes to the project work plan.

Chair Edone encouraged the Committee to attend the Council meeting on October 18, 2022, at which the Work Plan will be considered by the City Council for approval.
72

Minutes of the Regular Meeting of the Human Affairs Committee of October 11, 2022

5. ORAL AND WRITTEN COMMUNICATION
None.

6. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Chair Edone asked if a special meeting in November was necessary or if the meeting should be adjourned to the Regular meeting on December 13, 2022.

The Committee concurred that the December meeting should focus on updates from the work groups.

Mr. Shull thanked the Committee for allowing him to attend. He discussed homelessness and asked if there was a way to get visibility to the invisible homeless. Such as youth and the homeless living in their cars. The Committee suggested referral to FAM or notifying the school office staff. Mr. Shull discussed the Community Outreach Alliance (COA) and suggested the Committee inform the community of their services.

ADJOURNMENT
CHAIR EDONE ADJOURNED THE MEETING AT 4:58 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON DECEMBER 13, 2022 AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Janet Batchelor, Management Analyst
73 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (9)
Department: Choose an item.

Prepared By: Click or tap here to enter text.

Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 19, 2022 Fiscal Impact:

Click or tap here to enter text.

Summary:

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Background:

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Discussion:

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Plan and Policy Consistency:

The (project/action/approval) is consistent with the following General Plan Goals and Policies:
· (Insert Name of General Plan Element) Goal: (Insert goal) · Policy XX-X.XX. (Insert policy)
· Policy XX-X.XX. (Insert policy)
· (Insert Name of General Plan Element) Goal: (Insert goal) · Policy XX-X.XX. (Insert policy)
In addition, the (project/action/approval) is consistent with the following (goal/policy) of the (CIP Plan/Bicycle and Pedestrian Master Plan/Parks Master Plan/insert other adopted plan or policy) in that (explain why the project/action/approval is consistent).

Council Strategy:

The (project/action/approval) is consistent with Council Strategy X - (insert strategy) - in that (explain why the project/action/approval is consistent).

Recommended Actions:

Staff Recommendation
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Meeting Date: 11/1/2022 Agenda Item: (9)
Attachment:

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Notification:

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These minutes will be considered for approval at the Planning Commission meeting of 11-02-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
October 19, 2022 @ 6:00 p.m.

San Clemente Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:02 p.m. The meeting was offered in person at The City of San Clemente Council Chambers, located at 910 Calle Negocio, San Clemente California, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D. Karen Prescott-Loeffler; Chair Scott McKhann
Commissioners Absent: Chair Pro Tem M. Steven Camp, Vice Chair Cameron Cosgrove Staff Present: Cecilia Gallardo-Daly, Community Development Director Adam Atamian, Deputy Community Development Director
Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Traffic Engineer
Matthew Richardson, Assistant City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Joint City Council/Planning Commission Joint Study Session of August 31, 2022.

B. Minutes from the Regular Planning Commission Meeting of October 5, 2022.

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER

CRANDELL AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE AUGUST 31, 2022, JOINT CITY
76 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 2

COUNCIL/PLANNING COMMISSION STUDY SESSION AND THE
OCTOBER 5, 2022, PLANNING COMMISSION REGULAR MEETINGS.

Amended as follows:

August 31, 2022, Joint Meeting Minutes:

Commission Chair McKhann”
October 5, 2022, Regular Planning Commission Meeting Minutes:

“COMMISSIONER MCCAUGHAN” and replace “VICE CHAIR CRANDELL” with “COMMISSIONER CRANDELL”

Can make the findings for the Zoning Amendment and General Plan Amendment.”
11th paragraph, add to the end of the last bullet, “without the addition of any more concessions.”

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. 654 Camino De Los Mares – Senior Housing and Medical Office Development Agreement (Savage)
A request for a Development Agreement for a mixed-use project with 250 forrent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4), change the General Plan designation from RMF to CC at 654 Camino De Los Mares, and includes requests for shared parking an increase in floor area, and concession/incentive/waiver(s) pursuant to State Density Bonus Law. The proposed Development Agreement would stipulate that the applicant is required to obtain all necessary approvals and permits/entitlements to allow the general plan amendment, zoning amendment, subdivide the lot, and construct the proposed development.
77 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 3 Adam Atamian, Deputy Community Development Director, reviewed the staff report. Staff is recommending the Commission determine the project is categorically exempt from CEQA, and adopt the resolution approving the Development Agreement (DA).

Tom Leary, Senior Vice President of Memorial Care, noted the intent of having the DA on the Planning Commission agenda is so that it can be forwarded to City Council so that they can review all the submittals of the proposed project together. In response to questions from the Commission, he and Gary Sanders, the applicant’s attorney, confirmed that there is no discussion of the proposed urgent care facility and just a brief mention of the medical office building in the DA; noted the DA before them is the original submittal with some details subsequently changed such as the percentage of low-income units; confirmed the owner of the project should appear as “Saddleback” in all owner mentions in the document; explained that the City’s obligation to pay a 15K monthly maintenance fee as referenced in the DA is part of the settlement agreement between the parties after litigation, and has been waived by the applicant during this period of project planning for the site. In response to a reference to the “Pardee” case referenced in the DA, he explained that this refers to the public’s ability to stop or amend the project by referendum or initiative once the City Council has approved the DA.

In response to questions, Matthew Richardson, Assistant City Attorney, described the DA negotiation process; advised the DA vests the project approval against subsequent City regulations, but does not vest the project approval against and subsequent changes in State regulations; commented that the 20-year life of the DA is common for these documents and noted that once the property owner has invested funds furthering the project, that vests the document; confirmed much of the language in the DA such as mention of the Hardee case, annual review provisions, extensions, disaster relief, etc., is boilerplate language common to most DA’s.

Chair McKhann opened the public hearing.

Stewart Wilson, resident, speaking on behalf of the San Clemente Affordable Housing Coalition (SCAHC) supported the DA with revisions to reflect subsequent concessions, as the affordable senior housing, regular senior housing, and medical building are of great benefit to the community.

Thomas Miller, resident and Sea Pointe Estates homeowner, opposed the project due to its high density, inadequate parking, local traffic impacts, I5 Freeway congestion impacts, and negative impacts to emergency care for existing senior residents. The project will decrease the life style and quality of life for all City residents.

John Cebolla, Carpenters’ Union representative, requested the City add language to encourage the developers to hire local union carpenters rather than those from outside the City to help with traffic congestion/travel time once 78 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 4 construction has commenced. Additionally, he requested the developer be required to provide training for a skill training workforce to help young people from San Clemente and surrounding cities get into trade schools/train for construction careers.

Chair McKhann closed the public hearing.

Commission Comments:
 Confirmed with staff that any “force majeure” that delayed the project would have to have a connection to the project in order to justify the delay.
 Suggested that in order for this project to be successful, each segment of the project should be separate and distinct from each other, allow for independent construction timelines, and provide the required parking for each stand-alone use.
 Commented that due to the Commission’s unanimous vote to deny the project at its last meeting, they would not feel comfortable approving the associated DA.
 Confirmed with staff that the proposed affordable housing units are deed restricted and although still part of the DA, stands apart from many of the provisions within the DA.
 Opposed the DA due to its many inconsistencies with the project including disregard of traffic impacts, access safety, inaccurate map; suggested the properties are large enough to accommodate the separate parking requirements unique to each use and should not have to rely on a shared parking agreement; expressed concern regarding the lack of any mention of the proposed urgent care facility.  Expressed concern re approving a DA which has not been updated as to the latest concessions/negotiated terms.
 Confirmed that in order for the project to be vested without a DA, the developer would have to pull building permits and invest funds. The rules for vesting are set by the State of California.
 Commented that the City is not getting enough in exchange for providing a 20-year DA or other concessions it has made through the negotiation process; suggested a 3- or 5-year time period would be sufficient.
 Suggested that although the findings as listed could be made for the project, in general the DA was not in the best interests of the City.

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER AND UNANIMOUSLY CARRIED TO:

1. Deny recommending that City Council adopt Resolution no. 22-023, entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

APPROVE THE DEVELOPMENT AGREEMENT FOR A REQUEST TO
79 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 5 DEVELOP A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR
RESIDENTIAL UNITS AND A 7,5000 SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE ONE LOT INTO TWO LOTS; REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY
COMMERCIAL 4 (CC4); AND CHANGE THE GENERAL PLAN
DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.”
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

9. NEW BUSINESS
None

10. OLD BUSINESS
A. Consideration of Speed Cushions on Camino Faro (Ponsen/Kim) A request to consider forwarding a recommendation to the City council to implement speed cushions on Camino Faro between Avenida Vista Hermosa and Calle Frontera.

Zachary Ponsen, Acting Deputy Public Works Director, and Ryan Kim, Senior Traffic Engineer, described the request. Staff is not recommending approval of the request because the proposal does not meet the minimum eligibility score to qualify for traffic calming treatments. Additionally, installation of speed cushions as requested is not advised due to the street grade, which deviates from industry standards and could render the City liable in the event an accident occurs. Staff has a limited budget; some of the options considered/suggested are cost prohibited at this time. Staff is recommending denial of the street cushions at this time and intends to meeting with residents and the Homeowners Association (HOA) representatives to discuss options to improve street safety.

Chair McKhann opened the public hearing.

Tatum Brittain, Adelynn Brittain, Chloe Brittain, Tracey Denney, Kari Kobayashi, Nancy Nowell, and Burt Sanden, residents, voiced their support.

Summary of the comments provided in support include:
 Cars are parked on both sides of the curved street and the street is very busy due to its status as a collector street from the New Providence subdivision.
 Many outside of the area drivers use the street as a shortcut/alternative to traveling along Vista Hermosa/Calle Frontera in both east and west directions, using the street as a major thoroughfare instead of its intended use as a neighborhood collector.
80 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 6  The New Providence neighborhood is made up of many families with young and school aged children out on scooters and bikes. Kids do not feel safe playing in their own neighborhoods due to the speed and volume of traffic.
 It is difficult and dangerous for residents to make left hand turns out of the surrounding streets to access Camino Faro due to the amount of traffic and speed of drivers.
 Visibility and line of sight is hampered due to the number of cars parked on the street. Residents are unable to park in front of their homes and use Camino Faro for overnight parking. Additionally, there is spillover parking from the nearby condominium complex.
 82% of the residents signed the petition in support of speed cushions.  Although there is liability for the City to install speed cushions when the street does not meet industry standards, there is also liability for the City if someone is seriously injured or killed due to the existing traffic conditions.
 The entire board of the New Providence HOA supports installing speed cushions; suggestion that if the traditional speed humps are not supported, a softer, smaller, less intrusive, etc., option should be considered.

Kevin Thomas, resident, opposed installing speed cushions to calm traffic as deviating from the industry standard does not only increase liability for the City, it renders the street more dangerous for both residents and drivers.

Chair McKhann closed the public hearing.

Commission Comments:
 Suggestion to consider converting the street to a one-way street and creating bike lanes to increase safety; consider restricting the parking to only one side of Camino Faro.
 Many kids ride their bikes to school and the popularity of E-bikes has increased bicycle traffic.
 Questioned why no overnight parking was allowed on the private residential streets.
 Although bot dots could be considered, they are noisy and require permission from homeowners for placement.
 Suggestion for staff to consider creating a Parking District to restrict out of neighborhood drivers from parking on Camino Faro.
 The Safe Routes to School Program can be studied to determine if solutions may be available through the Program.
 The situation does not meet criteria for speed cushions, but the traffic, parking, sight distance and safety conditions are there and need to be addressed. Additional solutions might be speed enforcement, creation of a Parking District, etc.
81 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 7  Denial of the request is necessary due to existing road and traffic conditions, but staff should continue exploring options, as well as working with residents and the New Providence HOA to come up with solutions.

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY CHAIR MCKHANN, AND UNANIMOUSLY CARRIED TO:

1. Deny the public’s request for the use of speed cushions on Camino Faro since the street does not satisfy the installation criteria per the City Speed Hump/Cushion Policy and the City Traffic Calming Policy, and:

2. Direct staff to work with the residents and New Providence HOA to consider any or all options to calm traffic, as well as any Safe Routes to School Program potential solutions.

3. Direct staff to come back to the Planning Commission within 2 months with an update on the alternative solutions/options being researched. [DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Deputy Director Atamian announced the City’s Housing Element has been approved by the State’s Housing and Community Development Department and noted the related zoning updates will be presented for Planning Commission consideration and action at its meeting of November 2, 2022; announced at the last City Council meeting, the West Pico Specific Plan was approved, including approval of the zoning change for the three through lots.

The City’s new Senior Planner will start on November 1st; the newly created management position will oversee the current planning section of the Planning Division; the new Code Compliance Officer will also start on November 1st. He suggested the Design Review Subcommittee consider rescheduling/canceling its meeting scheduled for November 23 as it falls the day before Thanksgiving.

In response to a question, he agreed to research Building Inspector positions and report back.

Reports received and filed.

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY

COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN AT 8:50 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON NOVEMBER 2, 2022, AT 6:00 P.M. AT THE SAN 82 Minutes of Regular Planning Commission Meeting of October 19, 2022 Page 8 CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
83 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (10)
Department: Choose an item.

Prepared By: Click or tap here to enter text.

Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 20, 2022 Fiscal Impact:

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Summary:

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Background:

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Plan and Policy Consistency:

The (project/action/approval) is consistent with the following General Plan Goals and Policies:
· (Insert Name of General Plan Element) Goal: (Insert goal) · Policy XX-X.XX. (Insert policy)
· Policy XX-X.XX. (Insert policy)
· (Insert Name of General Plan Element) Goal: (Insert goal) · Policy XX-X.XX. (Insert policy)
In addition, the (project/action/approval) is consistent with the following (goal/policy) of the (CIP Plan/Bicycle and Pedestrian Master Plan/Parks Master Plan/insert other adopted plan or policy) in that (explain why the project/action/approval is consistent).

Council Strategy:

The (project/action/approval) is consistent with Council Strategy X - (insert strategy) - in that (explain why the project/action/approval is consistent).

Recommended Actions:

Staff Recommendation
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Meeting Date: 11/1/2022 Agenda Item: (10)
Attachment:

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Notification:

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These minutes will be approved by the Zoning Administrator on 11/3/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
OCTOBER 20, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on October 20, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Adam Atamian, Deputy Community Development Director
Karla Morales, Community Development Technician
Tamara Tatich, Office Specialist

2. MINUTES
A. Minutes of the October 6, 2022 Zoning Administrator Meeting to be received and filed at the Zoning Administrator Meeting held on November 3, 2022.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. STAR 22-116, REEVES STAR, 140 W. CANADA (Atamian/Morales) A request to consider a Short Term Apartment Rental within an existing condominium located in the Residential Medium (RM) Zoning District. The proposal would convert Unit A to be occupied by a full-time, on-site property manager and Unit B into a short-term rental unit for rentals less than 30 days.

Staff recommends that the Zoning Administrator:

DRAFT
86 Minutes of the Zoning Administrator Meeting October 20, 2022 Page 2 A. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines
Section 15301 (Class 1: Existing Facilities); and
B. Adopt Resolution ZA 22-019, approving Short Term
Apartment Rental 22-116, Reeves STAR, subject to
attached conditions of approval.

Deputy Community Development Director Adam Atamian summarized the staff report.

Having no questions of staff, ZA Gallardo-Daly gave applicants Mary Kate Reeves and Brett Crawford an opportunity to address the Zoning Administrator, whereby Mr. Crawford complimented staff on the report and stated that they respect their neighbors and will maintain the quiet state of the street.

Having no further questions, ZA Gallardo-Daly opened the public hearing.

There being no public comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly reviewed the staff reports and is familiar with the property and the building. ZA Gallardo-Daly stated the application packet was well done, and the staff report very thorough. ZA Gallardo-Daly was able to make the findings for the Short Term Apartment Rental Permit. The proposed STAR is permitted in the zone, and it complies with the applicable provisions of the zone and the General Plan. The condominium building is consistent with the density of the RM Zoning District. Unit A will be occupied by an onsite property manager, so there is an expectation that any concerns raised such as noise, parking, or trash will be adequately addressed by the onsite property manager. There’s a condition in the permit that the onsite property manager resolve any issues directly to limit the City’s involvement and use of staff resources. The STAR is in the Coastal Zone and will add to the city’s inventory of available visitor lodging, which is a key goal of the Coastal Land Use Plan. The STAR is located more than 300 feet from the closest STLU and the addition of this STAR will not create a concentration of short terms rentals in the area. In addition, there are two garage spaces and driveway spaces that will sufficiently accommodate any anticipated parking demand that will not add to street loads.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

DRAFT
87 Minutes of the Zoning Administrator Meeting October 20, 2022 Page 3 Action: The Zoning Administrator adopted Resolution ZA22-019, and approved Short Term Apartment Rental Permit 22-116, Reeves STAR, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:10 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, November 3, 2022 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Cecilia Gallardo-Daly, Zoning Administrator
DRAFT
88 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (11)
Subject:

PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF SEPTEMBER 27, 2022.

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96 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (1)
Subject:

Approve Wire Transfer Nos.
2731 through 2732 and Warrant Nos.
584066 through 584167, paid on
10-14-22, in the amount of.................................................... $ 4,507,444.29 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/27/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (2)
Subject:

Approve Wire Transfer Nos.
2733 through 2736 and Warrant Nos.
584168 through 584335, paid on
10-21-22, in the amount of…….……….……..….............…….…..… $ 1,197,442.98 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/25/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (3)
Subject:

Approve Wire Transfer Nos.
2737 and Warrant Nos.
584336 through 584490, paid on
10-28-22, in the amount of…….……….……..….............…….…..… $ 1,989,999.43 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/26/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: E.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director/City Engineer Subject:

APPROVE AMENDMENT 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KPFF FOR

ADDITIONAL SCOPE OF WORK ON THE MARIPOSA PEDESTRIAN BEACH TRAIL BRIDGE REPLACEMENT, PN 11810
Fiscal Impact:

Yes. There is adequate funding available for the additional scope of work of $227,840 within the project budget of $477,208 from Account 014-811-45300-11810 (Facilities Maintenance Reserve Fund).

Summary:

Staff recommends City Council approval of Amendment 1 of a Professional Services Agreement with KPFF Consulting Engineers for additional services concerning scope of work, design and permitting for the replacement of the Mariposa Pedestrian Beach Trail Bridge.

Background:

Staff recognizes the need to replace the Mariposa Pedestrian Bridge due to excessive corrosion from being in a marine environment and amount of required maintenance needed on the steel structure. A bluff failure of a private slope above the structure caused damage in November 2019 and the bridge was temporarily closed until soil debris could be cleared from the deck and around the foundations.

Staff retained KPFF in September 2020 to perform an alternatives analysis for the replacement of the bridge. This analysis compared different bridge materials (fiber-reinforced polymer, aluminum and timber) and configurations while exploring the corresponding costs, constructability methods and challenges, long-term maintenance, life span, risks, and permitting requirements. KPFF’s analysis was based on the City’s desire to replace the entire steel bridge with a material that is corrosion resistant and requires little maintenance while also reusing the existing foundations. Steel was not considered as a replacement option due to experience with maintenance issues. Aluminum and timber were the favored options as they are less expensive, can keep the same general geometric configuration as the existing bridge and would allow the use of existing foundations. Both are also low maintenance and have a long lifespan.

Staff initially recommended a timber bridge for replacement in February 2021 and Council asked staff to consider an aluminum bridge as an alternative. Staff brought back this alternative in March 2022 and received Council approval. The idea to raise/shift the new bridge from its current alignment to prevent potential future damage from slope failures was also discussed, as well as having the private slope above the bridge repaired in conjunction with the bridge replacement. Options for repairing the slope will be evaluated to determine the most economical method and additional environmental CITY OF SAN CLEMENTE Page 1 of 3 Printed on 11/1/2022
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Meeting Date: 11/1/2022 Agenda Item: E.
review may be required in the future depending on the repair method chosen.

Design/permitting costs have increased based on the substantial changes in scope of work to now include shifting/raising of bridge alignment, surveying and geotechnical design work for the slope repair and to analyze the existing foundation capacity, and additional permitting required. Additional costs were also incurred during the alternative analysis phase to decide on the type of material to use and due to the project starting/stopping several times from employee turnover. The design/permitting costs for projects of this complexity are typically in the range of 10-15% of the estimated construction costs and the amended amount is more in line with other projects of similar scope and size.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Beaches, Park and Recreation Element - Goal: Provide a safe, environmentally sustainable and attractive open space and trails network, including walking, bicycling, hiking and equestrian trails, that connects key open space areas and recreational amenities. · Policy BPR-4.02 - Trails and Staging Areas. We support the development, maintenance and enhancement of local trails and staging areas using best sustainable practices. · Coastal Element - Goal: Create and maintain outstanding public access and recreational and visitor-serving opportunities in the Coastal Zone, consistent with effective resource conservation practices and the protection of private property rights. · Policy C-1.01. - Coastal Access - we establish, maintain, and where feasible, expand public coastal access to the shoreline, beaches, tidelands, and recreational facilities in a manner that:
a. Maximizes public access to and along the shoreline;
c. Includes, where appropriate, pedestrian, hiking, bicycle, and equestrian trails; d. Provides connections to beaches, parks, and recreational facilities and trail networks with adjacent jurisdictions;
g. Facilitates alternative modes of transportation, such as walking, bicycling, and public transit, including local shuttles;
· Policy C-1.11. Recreation - We protect, and where feasible, expand and enhance recreational opportunities in the Coastal Zone as addressed in the Land Use Element and Beaches, Parks and Recreation Element.

Council Strategy:

The project is consistent with Council Strategy 3, which is to update and maintain infrastructure that reflects best available technology and service.

Recommended Actions:

Staff Recommendation
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Meeting Date: 11/1/2022 Agenda Item: E.

Staff recommends that the City Council approve and authorize the City Manager to execute Amendment No. 1 to Contract C20-52 of a Professional Services Agreement with KPFF Consulting Engineers for additional services concerning scope of work, design and permitting for the replacement of the Mariposa Pedestrian Beach Trail Bridge. The amendment increases the contract from $327,000 to an amount not to exceed $554,840 and extends the contract term through July 31, 2024.

Attachment:

Amendment 1
Notification:

None
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FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
Mariposa Pedestrian Beach Trail Bridge, Project No. 11810 This First Amendment to Professional Consultant Services Agreement for Mariposa Pedestrian Beach Trail Bridge, Project No. 11810 (this “First Amendment”) is made and entered into on this ____day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and KPFF, a California Corporation, with its principal place of business at 400 Oceangate, Suite 500, Long Beach, CA 90802 (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Mariposa Pedestrian Beach Trail Bridge, Project No. 11810 (the “Agreement”) on September 15, 2020.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1: Section 3.3.1 of the Agreement is hereby amended by increasing the total compensation from Three Hundred Twenty-Seven Thousand Dollars ($327,000) to Five Hundred and Fifty-Four Thousand, and Eight Hundred Forty Dollars ($554,840). In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement, Consultant shall also perform those services described in Exhibit “A” to this First Amendment, which exhibit is attached hereto and incorporated herein by this reference.

Section 2: Section 3.1.2 of the Agreement is hereby amended to extend the Term of the Agreement to July 31, 2024.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.

Attachment 1
136
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

_KPFF
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
137
EXHIBIT “A”
Per the attached Scope and Fee Proposal dated October 11, 2022 from KPFF
138
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Ɛ ƉƌĞǀŝŽƵƐůLJ ĚĞƐĐƌŝďĞĚ ŝŶ ƚŚĞ ϮϬϮϬ ƉƌŽƉŽƐĂů͕ Ă ƐůŽƉĞ ĨĂŝůƵƌĞ ŽĐĐƵƌƌĞĚ ƵƉƐůŽƉĞ ŽĨ ƚŚĞDĂƌŝƉŽƐĂ WŽŝŶƚ ƉĞĚĞƐƚƌŝĂŶ ďƌŝĚŐĞ͘dŚŝƐ ƐůŽƉĞ ĨĂŝůƵƌĞ ŚĂƐ ƌĞƐƵůƚĞĚ ŝŶ ĚĂŵĂŐĞ ŽĨ ƚŚĞĞdžŝƐƚŝŶŐ ďƌŝĚŐĞ ƐƉĂŶƐ ĂŶĚ ƚŚĞ ŝƚLJ ŝŶƚĞŶĚƐƚŽƌĞƉůĂĐĞƚŚĞĞdžŝƐƚŝŶŐƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞǁŝƚŚĂŶĞǁĂůƵŵŝŶƵŵďƌŝĚŐĞǁŚŝůĞƵƚŝůŝnjŝŶŐƚŚĞĞdžŝƐƚŝŶŐ ĂďƵƚŵĞŶƚĨŽƵŶĚĂƚŝŽŶƐ͘
<W&& ƉƌĞǀŝŽƵƐůLJ ƉĞƌĨŽƌŵĞĚ ĂŶ ĂůƚĞƌŶĂƚŝǀĞƐ ĂŶĂůLJƐŝƐ ǁŚŝĐŚ ĐŽŵƉĂƌĞĚ ĚŝĨĨĞƌĞŶƚ ďƌŝĚŐĞ ŵĂƚĞƌŝĂůƐ ĂŶĚ ĐŽŶĨŝŐƵƌĂƚŝŽŶƐ ǁŚŝůĞĞdžƉůŽƌŝŶŐ ƚŚĞ ĐŽƌƌĞƐƉŽŶĚŝŶŐ ĐŽƐƚƐ͕ ĐŽŶƐƚƌƵĐƚĂďŝůŝƚLJŵĞƚŚŽĚƐ ĂŶĚ ĐŚĂůůĞŶŐĞƐ͕ ůŽŶŐ ƚĞƌŵŵĂŝŶƚĞŶĂŶĐĞ͕ůŝĨĞƐƉĂŶ͕ƌŝƐŬƐ͕ĂŶĚƉĞƌŵŝƚƚŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͘dŚŝƐĂůůŽǁĞĚĨŽƌƚŚĞŝƚLJƚŽĚĞĐŝĚĞŽŶĂ ƌĞƉůĂĐĞŵĞŶƚ ŵĂƚĞƌŝĂů ĨŽƌ ƚŚĞ ƉƌŽƉŽƐĞĚ ďƌŝĚŐĞ ĂŶĚ Ă ǀŝĂďůĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ŵĞƚŚŽĚ͘ /Ŷ ĂĚĚŝƚŝŽŶ ƚŽ ƚŚĞ ƌĞƉůĂĐĞŵĞŶƚŽĨƚŚĞďƌŝĚŐĞƐƵƉĞƌƐƚƌƵĐƚƵƌĞ͕ƚŚĞŝƚLJǁŽƵůĚůŝŬĞƚŽƐŚŝĨƚƚŚĞďƌŝĚŐĞĂƐŵƵĐŚĂƐĨĞĂƐŝďůĞǁŚŝůĞ ƐƚŝůůƵƚŝůŝnjŝŶŐƚŚĞĞdžŝƐƚŝŶŐĨŽƵŶĚĂƚŝŽŶƐ͕ĂŶĚƌĞƉĂŝƌƚŚĞĨĂŝůĞĚŚŝůůƐŝĚĞ;ĂƐƐŚŽǁŶŝŶƚŚĞƉƌĞůŝŵŝŶĂƌLJĚƌĂǁŝŶŐƐ ĚĂƚĞĚϯͬϮϱͬϮϬϮϬƉƌŽǀŝĚĞĚďLJ>''ĞŽƚĞĐŚŶŝĐĂů͕/ŶĐ͘Ϳ͘
<W&&ǁŝůůǁŽƌŬǁŝƚŚĂŐĞŽƚĞĐŚŶŝĐĂůĞŶŐŝŶĞĞƌƚŽƉĞƌĨŽƌŵĂƐƚƌƵĐƚƵƌĂůĂŶĂůLJƐŝƐŽĨƚŚĞĞdžŝƐƚŝŶŐďƌŝĚŐĞƉŝůĞ ĨŽƵŶĚĂƚŝŽŶƐƚŽĚĞƚĞƌŵŝŶĞĂĨĞĂƐŝďůĞƐŚŝĨƚŽĨƚŚĞďƌŝĚŐĞĂŶĚĨŽƌƐůŽƉĞƌĞƉĂŝƌƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘<W&&ǁŝůů ƉƌŽǀŝĚĞďƌŝĚŐĞƌĞƉůĂĐĞŵĞŶƚĂŶĚƐůŽƉĞƌĞƉĂŝƌĚƌĂǁŝŶŐƐĂŶĚƐƉĞĐŝĨŝĐĂƚŝŽŶƐƌĞƋƵŝƌĞĚƚŽĂƌƚŝĐƵůĂƚĞƚŚĞďƌŝĚŐĞ ƌĞƉůĂĐĞŵĞŶƚ͕ ŶĞǁ ďƌŝĚŐĞ ĂůŝŐŶŵĞŶƚ͕ ƐŝƚĞ ĂĐĐĞƐƐ͕ ƌĞƉĂŝƌƐ ƚŽ ƚŚĞ ĞdžŝƐƚŝŶŐ ĂďƵƚŵĞŶƚƐ͕ ďƌŝĚŐĞ ĚĞƐŝŐŶ ƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚƐůŽƉĞƌĞƉĂŝƌ͘<W&&ǁŝůůĂƐƐŝƐƚƚŚĞŝƚLJǁŝƚŚďƵŝůĚŝŶŐƉĞƌŵŝƚƐ͕ĂƉƉƌŽǀĂůƐĨƌŽŵƚŚĞŽĂƐƚĂů ŽŵŵŝƐƐŝŽŶ͕ĂŶĚƉƌĞƉĂƌĞĂƉƌŽĐƵƌĞŵĞŶƚƉĂĐŬĂŐĞĨŽƌƉƵďůŝĐďŝĚ͘<W&&ǁŝůůĂůƐŽĂƐƐŝƐƚƚŚĞŝƚLJƚŚƌŽƵŐŚƚŚĞ ďŝĚĚŝŶŐƉƌŽĐĞƐƐ͘

džŚŝďŝƚ
139
dŚŝƐƐĐŽƉĞĂƐƐƵŵĞƐƚŚĂƚƚŚĞƌĞƉůĂĐĞŵĞŶƚďƌŝĚŐĞƐǁŝůůďĞĂĐŽŶƚƌĂĐƚŽƌĚĞƐŝŐŶĞĚĞůĞŵĞŶƚ͘/ĨŝƚŝƐĚĞƚĞƌŵŝŶĞĚ ƚŚĂƚĂƉƌĞĚĞƐŝŐŶĞĚďƌŝĚŐĞŝƐƚŚĞĚĞƐŝƌĞĚĂůƚĞƌŶĂƚŝǀĞ͕ƚŚŝƐƐĐŽƉĞŽĨǁŽƌŬǁŝůůďĞĂŵĞŶĚĞĚƚŽĂĐĐŽŵŵŽĚĂƚĞ ƚŚĞďƌŝĚŐĞĚĞƐŝŐŶ͘
ŽŶƐƚƌƵĐƚŝŽŶƐƵƉƉŽƌƚĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶŵĂŶĂŐĞŵĞŶƚĐĂŶďĞƉƌŽǀŝĚĞĚďLJ<W&&ďƵƚŝƐŶŽƚŝŶĐůƵĚĞĚŝŶƚŚŝƐ ƐĐŽƉĞ ĂŶĚ ĨĞĞ ƉƌŽƉŽƐĂů͘ ĨƚĞƌ ƚŚĞ ĐŽŵƉůĞƚŝŽŶ ŽĨ dĂƐŬ ϯ ƚŚĞ ŶĞĐĞƐƐĂƌLJ ĐŽŶƐƚƌƵĐƚŝŽŶ ƐƵƉƉŽƌƚ ĂŶĚ ĐŽŶƐƚƌƵĐƚŝŽŶŵĂŶĂŐĞŵĞŶƚƐĐŽƉĞǁŝůůďĞďĞƚƚĞƌƵŶĚĞƌƐƚŽŽĚ͘ tĞƵŶĚĞƌƐƚĂŶĚƚŚĂƚƚŚŝƐŝƐĂŚĞĂǀŝůLJƵƚŝůŝnjĞĚďƌŝĚŐĞĂŶĚƚŚĞŝƚLJŚĂƐĂŶŝŶƚĞƌĞƐƚŝŶĨĂƐƚƚƌĂĐŬŝŶŐƚŚĞƉƌŽũĞĐƚ ƚŽƌĞͲŽƉĞŶƚŚĞďƌŝĚŐĞƐƚƌƵĐƚƵƌĞ͘
^ĐŽƉĞŽĨ^ĞƌǀŝĐĞƐ
dĂƐŬϭʹ'ĞŽƚĞĐŚŶŝĐĂů^ƵƉƉŽƌƚĨŽƌƌŝĚŐĞůŝŐŶŵĞŶƚ^ŚŝĨƚ <W&&ǁŝůůǁŽƌŬǁŝƚŚƚŚĞŐĞŽƚĞĐŚŶŝĐĂůƐƵďĐŽŶƐƵůƚĂŶƚ'ƌŽƵƉĞůƚĂ͕ǁŚŽƉƌŽǀŝĚĞĚƚŚĞŽƌŝŐŝŶĂůŐĞŽƚĞĐŚŶŝĐĂů ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ĨŽƌ ƚŚĞ ďƌŝĚŐĞ͕ ƚŽ ƉƌŽǀŝĚĞ ƐŽŝů ĐĂƉĂĐŝƚŝĞƐ ĂŶĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ĨŽƌ ƚŚĞ ƐƚƌƵĐƚƵƌĂů ŵŽĚĞůŝŶŐƚŽĚĞƚĞƌŵŝŶĞƚŚĞĨĞĂƐŝďŝůŝƚLJŽĨƐŚŝĨƚŝŶŐƚŚĞďƌŝĚŐĞ͘^ĞĞƚƚĂĐŚŵĞŶƚĨŽƌĂĚĞƚĂŝůĞĚƐĐŽƉĞĂŶĚĨĞĞ ƉƌŽƉŽƐĂůĨƌŽŵ'ƌŽƵƉĞůƚĂ͘
dĂƐŬϭĞůŝǀĞƌĂďůĞƐ͗
ϭ͘ 'ĞŽƚĞĐŚŶŝĐĂůWƌĞůŝŵŝŶĂƌLJĞƐŬƚŽƉ^ƚƵĚLJZĞƉŽƌƚ;ZĞůĂƚĞĚƚŽƌŝĚŐĞ&ŽƵŶĚĂƚŝŽŶƐͿ Ϯ͘ 'ĞŽƚĞĐŚŶŝĐĂů/ŶǀĞƐƚŝŐĂƚŝŽŶZĞƉŽƌƚ;ZĞůĂƚĞĚƚŽƌŝĚŐĞ&ŽƵŶĚĂƚŝŽŶƐͿ dĂƐŬϮʹ^ƚƌƵĐƚƵƌĂůŶĂůLJƐŝƐĨŽƌDŽĚŝĨŝĞĚƌŝĚŐĞůŝŐŶŵĞŶƚ <W&&ǁŝůůƵƚŝůŝnjĞƚŚĞŐĞŽƚĞĐŚŶŝĐĂůƐŽŝůƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐƚŽƉĞƌĨŽƌŵĂĨƵůůƐƚƌƵĐƚƵƌĂůĂŶĂůLJƐŝƐŽĨƚŚĞĞdžŝƐƚŝŶŐ ďƌŝĚŐĞ ĂďƵƚŵĞŶƚ ĨŽƵŶĚĂƚŝŽŶƐ ŝŶ ŽƌĚĞƌ ƚŽ ĚĞƚĞƌŵŝŶĞ ƚŚĞ ŵĂdžŝŵƵŵ ĂůůŽǁĂďůĞ ƐŚŝĨƚ ŽĨ ƚŚĞ ďƌŝĚŐĞ ďŽƚŚ ŚŽƌŝnjŽŶƚĂůůLJ ĂŶĚ ǀĞƌƚŝĐĂůůLJ͘ <W&& ǁŝůů ŵŽĚĞů ƚŚĞ ƉŝůĞƐ ŝŶ ^WϮϬϬϬ͕ ĐŚĞĐŬ ƚŚĞ ĐĂƉĂĐŝƚLJ ŽĨ ƚŚĞ ĞdžŝƐƚŝŶŐ ĐŽŶĐƌĞƚĞƉŝůĞƐƵƚŝůŝnjŝŶŐ ƚŚĞĐƵƌƌĞŶƚďƵŝůĚŝŶŐĐŽĚĞ͕ĂŶĚƉƌŽǀŝĚĞƚŚĞŝƚLJǁŝƚŚĂŶƵƉĚĂƚĞĚ ĨŝŶĂů ĨĞĂƐŝďŝůŝƚLJ ƐƚƵĚLJŵĞŵŽĂŶĚƐƚƌƵĐƚƵƌĂůĐĂůĐƵůĂƚŝŽŶƉĂĐŬĂŐĞ͘
dĂƐŬϮĞůŝǀĞƌĂďůĞƐ͗
ϯ͘ &ŝŶĂů&ĞĂƐŝďŝůŝƚLJ^ƚƵĚLJDĞŵŽ
ϰ͘ ^ƚƌƵĐƚƵƌĂůĂůĐƵůĂƚŝŽŶWĂĐŬĂŐĞ
dĂƐŬϯʹŽŶƐƚƌƵĐƚŝŽŶƌĂǁŝŶŐƐĂŶĚdĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐĞǀĞůŽƉŵĞŶƚ <W&&ǁŝůůƉƌŽǀŝĚĞƚŚĞƌĞƋƵŝƌĞĚĚĞƐŝŐŶĚƌĂǁŝŶŐƐĂŶĚƐƉĞĐŝĨŝĐĂƚŝŽŶƐĨŽƌƚŚĞďƌŝĚŐĞƌĞƉůĂĐĞŵĞŶƚĂŶĚƐůŽƉĞ ƌĞƉĂŝƌ͘ dŚĞƐĞ ĚƌĂǁŝŶŐƐ ǁŝůů ĚĞƚĂŝů ƚŚĞ ĞdžŝƐƚŝŶŐ ďƌŝĚŐĞ ĚĞŵŽůŝƚŝŽŶ͕ ďƌŝĚŐĞ ƌĞƉůĂĐĞŵĞŶƚ͕ ŶĞǁ ďƌŝĚŐĞ ĂůŝŐŶŵĞŶƚŝŶĐůƵĚŝŶŐ ďƌŝĚŐĞĂƉƉƌŽĂĐŚ ƉƌŽĨŝůĞƐ͕ ƐŝƚĞĂĐĐĞƐƐ ;ƉŚĂƐŝŶŐ͕ ƐƚĂŐŝŶŐ͕ůĂLJĚŽǁŶ ƉůĂŶƐͿ͕ ƚĞŵƉŽƌĂƌLJ ĞƌŽƐŝŽŶĂŶĚƐĞĚŝŵĞŶƚĐŽŶƚƌŽůƉůĂŶ͕ƌĞƉĂŝƌƐƚŽƚŚĞĞdžŝƐƚŝŶŐĂďƵƚŵĞŶƚƐ͕ďƌŝĚŐĞĚĞƐŝŐŶƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂŶĚ ĐŝǀŝůŐƌĂĚŝŶŐƉůĂŶƐĨŽƌƐůŽƉĞƌĞƉĂŝƌ͘<W&&ǁŝůůƉƌŽǀŝĚĞĂ^ƚŽƌŵǁĂƚĞƌWŽůůƵƚŝŽŶWƌĞǀĞŶƚŝŽŶWůĂŶ;^tWWWͿĨŽƌ ƐƵďŵŝƚƚĂůƚŽƚŚĞĂůŝĨŽƌŶŝĂtĂƚĞƌŽĂƌĚ͘
<W&&ǁŝůůǁŽƌŬǁŝƚŚƚŚĞƐƵƌǀĞLJŽƌƐƵďĐŽŶƐƵůƚĂŶƚĂůsĂĚĂ^ƵƌǀĞLJŝŶŐ/ŶĐƚŽƉĞƌĨŽƌŵĂƚŽƉŽŐƌĂƉŚŝĐƐƵƌǀĞLJ ŽĨƚŚĞƉƌŽũĞĐƚƐŝƚĞ͕ŝŶĐůƵĚŝŶŐƚŚĞŵŽƌĞƌĞĐĞŶƚƐůŽƉĞĨĂŝůƵƌĞ͕ǁŚŝĐŚŝƐŶŽƚĐĂƉƚƵƌĞĚŝŶƚŚĞŽƌŝŐŝŶĂůĚƌĂǁŝŶŐƐ ŽƌƐƵƌǀĞLJ͘^ĞĞƚƚĂĐŚŵĞŶƚĨŽƌĂĚĞƚĂŝůĞĚƐĐŽƉĞĂŶĚĨĞĞƉƌŽƉŽƐĂůĨƌŽŵĂůsĂĚĂ^ƵƌǀĞLJŝŶŐ/ŶĐ͘ 140
ZĞƋƵŝƌĞŵĞŶƚƐĨŽƌƚŚĞĐŽŶƚƌĂĐƚŽƌƉƌŽĐƵƌĞĚďƌŝĚŐĞƐĞĐƚŝŽŶƐǁŝůůďĞŽƵƚůŝŶĞĚŝŶĂƉƌŽĐƵƌĞŵĞŶƚƐƉĞĐŝĨŝĐĂƚŝŽŶ͘ <W&&ǁŝůůƐƵďŵŝƚƚŚĞĚĞƐŝŐŶĚŽĐƵŵĞŶƚƐĂƚϯϬй͕ϲϬй͕ĂŶĚϵϬйĐŽŵƉůĞƚŝŽŶĨŽƌƌĞǀŝĞǁďLJƚŚĞŝƚLJ͘<W&&ǁŝůů ƉĂƌƚŝĐŝƉĂƚĞŝŶĂƌĞǀŝĞǁŵĞĞƚŝŶŐǁŝƚŚƚŚĞŝƚLJĂƚϯϬй͕ϲϬй͕ĂŶĚϵϬй͘ dĂƐŬϯĞůŝǀĞƌĂďůĞƐ͗
ϭ͘ ϯϬйĐŽŵƉůĞƚĞƌĂǁŝŶŐƐΘ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ
Ϯ͘ ϲϬйĐŽŵƉůĞƚĞƌĂǁŝŶŐƐΘ^ƉĞĐŝĨŝĐĂƚŝŽŶƐ
ϯ͘ ϵϬйĐŽŵƉůĞƚĞƌĂǁŝŶŐƐ͕^ƉĞĐŝĨŝĐĂƚŝŽŶƐΘ
ŶŐŝŶĞĞƌ͛Ɛ
ƐƚŝŵĂƚĞ
ϰ͘ &ŝŶĂů^ƚĂŵƉĞĚƌĂǁŝŶŐƐΘdĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐĨŽƌWĞƌŵŝƚΘŽŶƐƚƌƵĐƚŝŽŶ dĂƐŬϰʹ'ĞŽƚĞĐŚŶŝĐĂů^ƵƉƉŽƌƚĨŽƌ^ůŽƉĞZĞƉĂŝƌ
<W&& ǁŝůů ǁŽƌŬ ǁŝƚŚ ƚŚĞ ŐĞŽƚĞĐŚŶŝĐĂů ƐƵďĐŽŶƐƵůƚĂŶƚ >' 'ĞŽƚĞĐŚŶŝĐĂů͕ /ŶĐ ƚŽ ƉƌŽǀŝĚĞ ƐůŽƉĞ ƌĞƉĂŝƌ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐŝŶŽƌĚĞƌ ƚŽƉƌŽǀŝĚĞĂĐŝǀŝůŐƌĂĚŝŶŐƉůĂŶĂƚ ƚŚĞ ĨĂŝůĞĚƐůŽƉĞůŽĐĂƚŝŽŶƐ ;ƐĞĞƉƌĞůŝŵŝŶĂƌLJ ŐĞŽƚĞĐŚŶŝĐĂůƐůŽƉĞƌĞƉĂŝƌĚƌĂǁŝŶŐƐĚĂƚĞĚϯͬϮϱͬϮϬϮϬƉƌŽǀŝĚĞĚďLJ>''ĞŽƚĞĐŚŶŝĐĂů͕/ŶĐ͘Ϳ͘^ĞĞƚƚĂĐŚŵĞŶƚ

ĨŽƌĂĚĞƚĂŝůĞĚƐĐŽƉĞĂŶĚĨĞĞƉƌŽƉŽƐĂůĨƌŽŵ>''ĞŽƚĞĐŚŶŝĐĂů͕/ŶĐ͘ dĂƐŬϰĞůŝǀĞƌĂďůĞƐ͗
ϭ͘ hƉĚĂƚĞĚ'ĞŽƚĞĐŚŶŝĐĂůZĞƉŽƌƚĨŽƌ^ůŽƉĞZĞƉĂŝƌ
dĂƐŬϱʹWĞƌŵŝƚƚŝŶŐΘŐĞŶĐLJŽŽƌĚŝŶĂƚŝŽŶ^ƵƉƉŽƌƚ
<W&&ǁŝůůƐƵďŵŝƚĨŽƌƚŚĞƌĞƋƵŝƌĞĚƉĞƌŵŝƚƐƚŽĐŽŶƐƚƌƵĐƚƚŚĞƉƌŽũĞĐƚ͘dŚŝƐǁŝůůŝŶĐůƵĚĞĂŝƚLJŽĨ^ĂŶůĞŵĞŶƚĞ ƵŝůĚŝŶŐƉĞƌŵŝƚ͘dŚĞƉƌŽũĞĐƚŵĂLJĂůƐŽƌĞƋƵŝƌĞĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂŽĂƐƚĂůŽŵŵŝƐƐŝŽŶ;Ϳ͘ <W&&ǁŝůůǁŽƌŬǁŝƚŚĂƐƵďĐŽŶƐƵůƚĂŶƚ͕ƵĚĞŬ͕ƚŽĂƐƐĞƐƐƚŚĞƉŽƐƐŝďůĞĐŽŽƌĚŝŶĂƚŝŽŶŶĞĞĚĞĚŝŶdĂƐŬϯĂďŽǀĞ͘ ^ƵďĐŽŶƐƵůƚĂŶƚƵĚĞŬƉƌĞǀŝŽƵƐůLJƉƌŽǀŝĚĞĚĂƐĐŽƉĞƚŽƉĞƌĨŽƌŵŝŶŝƚŝĂůĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞ͕ƉƌŽǀŝĚĞ ŝŶƉƵƚĨŽƌƚŚĞĂůƚĞƌŶĂƚŝǀĞƐĂŶĂůLJƐŝƐĂŶĚĂŶĞdžĞŵƉƚŝŽŶƚŽƚŚĞ͘^ŝŶĐĞƚŚĞŶ͕ŝƚŚĂƐďĞĞŶĚĞƚĞƌŵŝŶĞĚƚŚĂƚ ƚŚŝƐƉƌŽũĞĐƚĚŽĞƐŶŽƚƋƵĂůŝĨLJ ĨŽƌĂŶĞdžĞŵƉƚŝŽŶĂŶĚĂƉĞƌŵŝƚƚŝŶŐĂŵĞŶĚŵĞŶƚŝƐƚŚĞƌĞĨŽƌĞƌĞƋƵŝƌĞĚ͘dŚĞ ĂŵĞŶĚŵĞŶƚ ƐƵƉƉŽƌƚǁĂƐƉƌĞǀŝŽƵƐůLJĞdžĐůƵĚĞĚ ĨƌŽŵ ƚŚĞ ƐĐŽƉĞĂŶĚ ŽƵƚůŝŶĞĚĂƐĂŶĂĚĚŝƚŝǀĞŝƚĞŵ ƚŽ ƚŚĞ ƐĐŽƉĞ͕ǁŚŝĐŚŝƐŶŽǁƌĞƋƵŝƌĞĚĨŽƌƚŚĞƉƌŽũĞĐƚ͘^ĞĞƚƚĂĐŚŵĞŶƚ&ĨŽƌĂŶƵƉĚĂƚĞĚƐĐŽƉĞĂŶĚĨĞĞƉƌŽƉŽƐĂů ĨƌŽŵ ƵĚĞŬ͕ ŶŽƚĞ ƚŚĂƚ dĂƐŬ Ϯ ůƚĞƌŶĂƚŝǀĞƐ ŶĂůLJƐŝƐ ŝƐ ĐŽŵƉůĞƚĞ͕ ĂŶĚ ƚŚŝƐ ƐĐŽƉĞ ŝŶĐůƵĚĞƐ dĂƐŬ ϭ  ŽŽƌĚŝŶĂƚŝŽŶĂŶĚdĂƐŬϯƚŚĞWŵĞŶĚŵĞŶƚ͘
dŚĞƉƌŽũĞĐƚŵĂLJĂůƐŽƌĞƋƵŝƌĞĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂWƵďůŝĐhƚŝůŝƚŝĞƐŽŵŵŝƐƐŝŽŶ;WhͿ͕ǁŚŝĐŚ ŚĂƐũƵƌŝƐĚŝĐƚŝŽŶŽǀĞƌĂůůƌĂŝůƐĂĨĞƚLJĂŶĚƚŚĞ^ŽƵƚŚĞƌŶĂůŝĨŽƌŶŝĂZĞŐŝŽŶĂůZĂŝůƵƚŚŽƌŝƚLJ;^ZZͿ͕ǁŚŝĐŚŽǁŶƐ ƚŚĞ ƚƌĂĐŬƐ͘ ŽŽƌĚŝŶĂƚŝŽŶ ŽĨ ĐŽŶƐƚƌƵĐƚŝŽŶ ĂĐƚŝǀŝƚŝĞƐ ǁŝůů ŶĞĞĚ ƚŽ ďĞ ĐŽŽƌĚŝŶĂƚĞĚ ǁŝƚŚ Ăůů ŽĨ ƚŚĞ ƚƌĂĐŬ ŽƉĞƌĂƚŽƌƐ͕ǁŚŝĐŚŝŶĐůƵĚĞƐŵƚƌĂŬ͕DĞƚƌŽůŝŶŬ͕ĂŶĚE^&͕ǁŚŝĐŚĐƵƌƌĞŶƚůLJŝŶĚŝĐĂƚĞƐƚŚŝƐƌĂŝůƚƌĂĐŬŝƐƉĂƌƚŽĨ ƚŚĞŝƌĐůĂƐƐϭŶĞƚǁŽƌŬ͘<W&&ǁŝůůǁŽƌŬǁŝƚŚ^ZZƚŽĐŽŽƌĚŝŶĂƚĞǁŝƚŚE^&͘dŚĞĨŝŶĂůƐĞůĞĐƚĞĚĐŽŶƐƚƌƵĐƚŝŽŶ ƐĞƋƵĞŶĐŝŶŐŵĞƚŚŽĚĐŽƵůĚƌĞƋƵŝƌĞĨƵůůĐŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚƚŚĞWhƚŽĂůůŽǁĐŽŶƐƚƌƵĐƚŝŽŶĚƵƌŝŶŐƉĂƵƐĞƐŝŶ ƚŚĞƌĂŝůůŝŶĞƵƐĞ͘dŚŝƐƐĐŽƉĞŽĨǁŽƌŬŚĂƐĂƐƐƵŵĞĚĂĐĞƌƚĂŝŶůĞǀĞůŽĨĐŽŽƌĚŝŶĂƚŝŽŶĞĨĨŽƌƚǁŝůůďĞƌĞƋƵŝƌĞĚ͘/Ĩ ĂŐƌĞĂƚĞƌůĞǀĞůŽĨĞĨĨŽƌƚŝƐĚĞƚĞƌŵŝŶĞĚƚŽďĞŶĞĐĞƐƐĂƌLJĂĨƚĞƌƚŚĞĐŽŵƉůĞƚŝŽŶŽĨdĂƐŬϯϯϬйĞƐŝŐŶ͕ƚŚŝƐ ƐĐŽƉĞƚĂƐŬǁŝůůďĞƌĞǀŝƐŝƚĞĚ͘
141
dĂƐŬϱĞůŝǀĞƌĂďůĞƐ͗
ϭ͘ ŽĂƐƚĂůŽŵŵŝƐƐŝŽŶŽŽƌĚŝŶĂƚŝŽŶ
Ϯ͘ ƉƉƌŽǀĂůĨƌŽŵWh
ϯ͘ WƌŽũĞĐƚŽŽƌĚŝŶĂƚŝŽŶǁŝƚŚ^ZZ
;^ĞĞƚƚĂĐŚŵĞŶƚ&ƵĚĞŬ^ĐŽƉĞŽĨǁŽƌŬĨŽƌĨƵƌƚŚĞƌĚĞƚĂŝůƐͿ dĂƐŬϲʹWƌŽĐƵƌĞŵĞŶƚWĂĐŬĂŐĞΘŝĚ^ƵƉƉŽƌƚ
<W&&ǁŝůůƐƵƉƉŽƌƚƚŚĞŝƚLJ͛ƐƉƌŽĐƵƌĞŵĞŶƚƉƌŽĐĞƐƐƚŽĂƐƐĞŵďůĞĂƉƌŽĐƵƌĞŵĞŶƚďŝĚƉĂĐŬĂŐĞĨŽƌƚŚĞƉƌŽũĞĐƚ͘ dŚĞĚŽĐƵŵĞŶƚƐǁŝůůŝŶĐůƵĚĞ͗
• ŽŶƐƚƌƵĐƚŝŽŶĚƌĂǁŝŶŐƐ
• dĞĐŚŶŝĐĂůƐƉĞĐŝĨŝĐĂƚŝŽŶƐ
• ƐƐŝƐƚĂŶĐĞǁŝƚŚĨƌŽŶƚĞŶĚĚŝǀŝƐŝŽŶϬϭĂŶĚϬϬƐƉĞĐŝĨŝĐĂƚŝŽŶƐ • ƐƐŝƐƚĂŶĐĞǁŝƚŚĂĐŽŶƚƌĂĐƚŽƌďŝĚĨŽƌŵ
•
ŶŐŝŶĞĞƌ͛ƐĞƐƚŝŵĂƚĞĨŽƌďŝĚĐŽŵƉĂƌŝƐŽŶƐ͘
• ZĞĨĞƌĞŶĐĞĚŽĐƵŵĞŶƚƐ
<W&&ǁŝůůĂůƐŽƉƌŽǀŝĚĞƐƵƉƉŽƌƚĚƵƌŝŶŐƚŚĞďŝĚĚŝŶŐƉƌŽĐĞƐƐŝŶĐůƵĚŝŶŐƌĞƐƉŽŶĚŝŶŐƚŽďŝĚĚĞƌƋƵĞƐƚŝŽŶƐĂŶĚ ĂƚƚĞŶĚĂŶĐĞĂƚĂƉƌĞͲďŝĚŵĞĞƚŝŶŐ͘
dĂƐŬϲĞůŝǀĞƌĂďůĞƐ͗
ϭ͘ ŽĐƵŵĞŶƚWĂĐŬĂŐĞĨŽƌŝĚĚŝŶŐƚŽŽŶƚƌĂĐƚŽƌƐ
ƐƐƵŵƉƚŝŽŶƐͬ
džĐůƵƐŝŽŶƐ
dŚŝƐƐĐŽƉĞŽĨǁŽƌŬŚĂƐďĞĞŶĐŽŵƉŝůĞĚǁŝƚŚƚŚĞĨŽůůŽǁŝŶŐĂƐƐƵŵƉƚŝŽŶƐ͗ •
ŶŐŝŶĞĞƌŝŶŐŽŶƐƚƌƵĐƚŝŽŶ^ƵƉƉŽƌƚĂŶĚŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞŵĞŶƚĂƌĞĞdžĐůƵĚĞĚĨƌŽŵƚŚŝƐƐĐŽƉĞ͘  ƐĞƉĂƌĂƚĞ ƐĐŽƉĞ ĂŶĚ ĨĞĞ ƉƌŽƉŽƐĂů ǁŝůů ďĞ ƐƵďŵŝƚƚĞĚ ĂĨƚĞƌ ƚŚĞ ǁŽƌŬ ĚĞĨŝŶĞĚ ŝŶ ƚŚŝƐ ƐĐŽƉĞ ŝƐ ĐŽŵƉůĞƚĞĚ͘
• ^ƉĞĐŝĂůŝnjĞĚ ƚƌĂŝŶŝŶŐ ĨŽƌǁŽƌŬŝŶŐŝŶĐůŽƐĞƉƌŽdžŝŵŝƚLJ ƚŽ ƚŚĞ ƌĂŝůƌŽĂĚŚĂƐďĞĞŶĞdžĐůƵĚĞĚ ĨƌŽŵ ƚŚŝƐ ƉƌŽƉŽƐĂů͘
• dŚĞƐŝƚĞƉůĂŶǁŝůůďĞĨŝŶĂůŝnjĞĚĂƚƚŚĞĞŶĚŽĨƚŚĞϲϬйƉŚĂƐĞ͘/ĨƚŚĞƐŝƚĞƉůĂŶĐŚĂŶŐĞƐĚƵƌŝŶŐƚŚĞϵϬй ƉŚĂƐĞ͕ƚŚĞŶ<W&&ŵĂLJƌĞƋƵŝƌĞĂĚĚŝƚŝŽŶĂůďƵĚŐĞƚ͘
• &ŝƌĞƉƌŽƚĞĐƚŝŽŶĂŶĚĨŝƌĞĂĐĐĞƐƐŝƐĞdžĐůƵĚĞĚ͘
• hƚŝůŝƚLJĚĞƐŝŐŶĞdžĐůƵĚĞĚ͘
• dŚĞƌĞĂƌĞŶŽŵĂũŽƌƵƚŝůŝƚŝĞƐƚŚĂƚǁŝůůƌĞƋƵŝƌĞƌĞůŽĐĂƚŝŽŶĂƐĂƉĂƌƚŽĨƚŚŝƐƉƌŽũĞĐƚ͘ • dŚĞŵƵŶŝĐŝƉĂůŝŶĨƌĂƐƚƌƵĐƚƵƌĞƵƚŝůŝƚŝĞƐĂƌĞƐƵĨĨŝĐŝĞŶƚƚŽƐƵƉƉŽƌƚƚŚĞƉƌŽũĞĐƚ͘ džŝƐƚŝŶŐƵƚŝůŝƚLJĐĂƉĂĐŝƚLJ
ƐƚƵĚŝĞƐĂƌĞŶŽƚŝŶĐůƵĚĞĚŝŶ<W&&͛ƐďĂƐŝĐƐĞƌǀŝĐĞƐ͘
• dŚĞŚŽƌŝnjŽŶƚĂůĂŶĚǀĞƌƚŝĐĂůůŽĐĂƚŝŽŶĂŶĚƐŝnjĞŽĨĞdžŝƐƚŝŶŐƵƚŝůŝƚŝĞƐǁŝƚŚŝŶƚŚĞƉƌŽũĞĐƚůŝŵŝƚƐǁŝůůďĞ ĚĞƚĞƌŵŝŶĞĚ ĨƌŽŵ ĂǀĂŝůĂďůĞ ƌĞĐŽƌĚ ĚƌĂǁŝŶŐƐ ĂŶĚͬŽƌ ƐŝƚĞ ƐƵƌǀĞLJƐ͘ /Ĩ ĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶ ŝƐ ĚĞƚĞƌŵŝŶĞĚ ƚŽ ďĞ ƌĞƋƵŝƌĞĚ ĚƵƌŝŶŐ ƚŚĞ ĚĞƐŝŐŶ ƐƚĂŐĞ͕ ǁĞ ƌĞĐŽŵŵĞŶĚ ƚŚĂƚ Ă ƐĞƉĂƌĂƚĞ ĐŽŵƉĂŶLJ ƐƉĞĐŝĂůŝnjŝŶŐŝŶůŽĐĂƚŝŶŐƵŶĚĞƌŐƌŽƵŶĚƵƚŝůŝƚŝĞƐĂŶĚƐƵƌǀĞLJŝŶŐďĞƌĞƚĂŝŶĞĚ͘dŚĞƐĐŽƉĞŽĨƚŚŝƐƉƌŽƉŽƐĂů ĚŽĞƐŶŽƚŝŶĐůƵĚĞĞůĞĐƚƌŽŶŝĐŽƌƉŽƚŚŽůĞƵƚŝůŝƚLJŝŶǀĞƐƚŝŐĂƚŝŽŶŽƌƐƵƌǀĞLJ͘ • <W&&ǁŝůůƉƌŽǀŝĚĞĂŶ
ŶŐŝŶĞĞƌ͛ƐKƉŝŶŝŽŶŽĨWƌŽďĂďůĞŽŶƐƚƌƵĐƚŝŽŶŽƐƚƐ͕ĂĐƚƵĂůŽŶƐƚƌƵĐƚŝŽŶŽƐƚ ĞƐƚŝŵĂƚŝŶŐƐŚĂůůďĞƉƌŽǀŝĚĞĚďLJŽƚŚĞƌƐ͘
142
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džĐůƵĚĞƐƐƚŽƌŵĚƌĂŝŶĂŐĞĚĞƐŝŐŶ
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džĐůƵĚĞƐƐƚŽƌŵǁĂƚĞƌŵŝƚŝŐĂƚŝŽŶĚĞƐŝŐŶ
• >ĂŶĚƐĐĂƉĞ͕ŝƌƌŝŐĂƚŝŽŶ͕ĞůĞĐƚƌŝĐĂů͕ůŝŐŚƚŝŶŐĚĞƐŝŐŶ͕ƚƌĂĨĨŝĐĞŶŐŝŶĞĞƌŝŶŐŝƐĞdžĐůƵĚĞĚ͘ •
ƋƵŝƉŵĞŶƚŚĂƵůƌŽƵƚĞƐĂŶĚƚƌĂĨĨŝĐĐŽŶƚƌŽůƉůĂŶƐĂƌĞĞdžĐůƵĚĞĚ͘ • ĂƐŝĐƐĐŽƉĞĞdžĐůƵĚĞƐ^tWWW/ŶƐƉĞĐƚŝŽŶDŽŶŝƚŽƌŝŶŐĚƵƌŝŶŐĐŽŶƐƚƌƵĐƚŝŽŶ;Y^WͿ • <W&&ǁŝůůƉƌŽǀŝĚĞĂŶĐŽŵƉůŝĂŶƚĚĞƐŝŐŶ͖ŚŽǁĞǀĞƌ͕ĂƌĐŚŝƚĞĐƚƵƌĂůĐĞƌƚŝĨŝĐĂƚŝŽŶŝƐĞdžĐůƵĚĞĚĨƌŽŵ ƚŚŝƐĐŽŶƚƌĂĐƚ͘
• ^ŝŐŶĂŐĞĂŶĚƐƚƌŝƉŝŶŐƉůĂŶƐĂƌĞĞdžĐůƵĚĞĚ͘
• ƐͲďƵŝůƚĚƌĂǁŝŶŐƐĂƌĞŶŽƚŝŶĐůƵĚĞĚŝŶƚŚĞďĂƐŝĐƐĐŽƉĞ͘ • ZĞĐŽƌĚ ŽĨ ^ƵƌǀĞLJ ĂŶĚ ŽƵŶƚLJ ^ƵƌǀĞLJŽƌ &ĞĞƐ ĂƌĞ ĞdžĐůƵĚĞĚ ďƵƚ ĐĂŶ ďĞ ƉƌŽǀŝĚĞĚ ŝĨ ŶĞĞĚĞĚ͕ ƉĞƌ ƐƵƌǀĞLJƉƌŽƉŽƐĂůƚƚĂĐŚŵĞŶƚ͘
•
džĐůƵĚĞƐƐƚŽƌŵĚƌĂŝŶƉƵŵƉƐƚĂƚŝŽŶƐĂŶĚƐĞǁĞƌůŝĨƚƐƚĂƚŝŽŶƐ͘/ĨƚŚĞƉƌŽũĞĐƚĚĞǀĞůŽƉƐƚŚŝƐŶĞĞĚ͕ƚŚĞŶ <W&&ĐĂŶƉƌŽǀŝĚĞĨŽƌĂŶĂĚĚŝƚŝŽŶĂůƐĐŽƉĞŽĨǁŽƌŬĨŽƌƚŚĞƐĞƐĞƌǀŝĐĞƐ͘ •
džĐůƵĚĞƐDĞĐŚĂŶŝĐĂů^LJƐƚĞŵƐŽŽƌĚŝŶĂƚŝŽŶ;ŽŽƌĚŝŶĂƚŝŽŶŽĨŚŝůůĞĚtĂƚĞƌ>ŝŶĞƐ͕^ƚĞĂŵ>ŝŶĞƐ͕Žŝů͕ ŝƐƚŝůůĞĚtĂƚĞƌ͕ĞƚĐ͘Ϳ
•
džĐůƵĚĞƐĞŶǀŝƌŽŶŵĞŶƚĂůĞŶŐŝŶĞĞƌŝŶŐŽƌŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůĚĞƐŝŐŶ͕ĚĞŵŽůŝƚŝŽŶ͕ŽƌƌĞŵĞĚŝĂƚŝŽŶ͘ • dĞŵƉŽƌĂƌLJƐŚŽƌŝŶŐĚĞƐŝŐŶĨŽƌƐƚƌƵĐƚƵƌĞƐŽƌƵƚŝůŝƚLJƚƌĞŶĐŚĞƐǁŝůůďĞĚĞƐŝŐŶĞĚďLJŽƚŚĞƌƐ͘ •
džĐůƵĚĞƐƐƚƌĞĞƚĂŶĚƵƚŝůŝƚLJŝŵƉƌŽǀĞŵĞŶƚƐ͘
•
džĐůƵĚĞƐ ĚĞƐŝŐŶ ƚŽ ƐƵƉƉŽƌƚ Ă ƐĞƉĂƌĂƚĞ ZŽƵŐŚ 'ƌĂĚŝŶŐ WĞƌŵŝƚ͘  ƐƐƵŵĞƐ ƚŚĂƚ ŽŶůLJ ĂŶ ŽǀĞƌĂůů ŐƌĂĚŝŶŐƉĞƌŵŝƚǁŝůůďĞŶĞĐĞƐƐĂƌLJ͕ƐŝŵŝůĂƌƚŽƚŚĞĞdžŝƐƚŝŶŐďƌŝĚŐĞĂŶĚƚƌĂŝůĂƐͲďƵŝůƚƐƉƌŽǀŝĚĞĚƚŽ<W&& ďLJƚŚĞŝƚLJ͘
• /ƚŝƐĂƐƐƵŵĞĚƚŚĂƚƚŚĞďƌŝĚŐĞƐƉĂŶƐǁŝůůďĞĐŽŶƚƌĂĐƚŽƌĚĞƐŝŐŶĞĚĂŶĚƉƌŽĐƵƌĞĚ͕ĂŶĚƚŚĞƌĞĨŽƌĞƚŚĞŝƌ ĚĞƐŝŐŶŝƐŶŽƚŝŶĐůƵĚĞĚŝŶƚŚŝƐƉƌŽƉŽƐĂů͘
• ^ĞƌǀŝĐĞƐƌĞƐƵůƚŝŶŐĨƌŽŵƐŝŐŶŝĨŝĐĂŶƚĐŚĂŶŐĞƐŝŶƚŚĞŐĞŶĞƌĂůƐĐŽƉĞ͕ĞdžƚĞŶƚŽƌĐŚĂƌĂĐƚĞƌŽĨƚŚĞƉƌŽũĞĐƚ ŽƌŝƚƐĚĞƐŝŐŶŝŶĐůƵĚŝŶŐ͕ĐŚĂŶŐĞƐŝŶ ƐŝnjĞ͕ĐŽŵƉůĞdžŝƚLJ͕ ƐĐŚĞĚƵůĞ͕ĂŶĚ ƌĞǀŝƐŝŶŐƉƌĞǀŝŽƵƐůLJĂĐĐĞƉƚĞĚ ƐƚƵĚŝĞƐ͕ƌĞƉŽƌƚƐ͕ĚĞƐŝŐŶĚŽĐƵŵĞŶƚƐŽƌŽŶƚƌĂĐƚŽĐƵŵĞŶƚƐǁŚĞŶƐƵĐŚƌĞǀŝƐŝŽŶƐĂƌĞƌĞƋƵŝƌĞĚďLJ ĐŚĂŶŐĞƐ ŝŶ ůĂǁƐ͕ ƌƵůĞƐ͕ ƌĞŐƵůĂƚŝŽŶƐ͕ ŽƌĚŝŶĂŶĐĞƐ͕ ĐŽĚĞƐ Žƌ ŽƌĚĞƌƐ ĞŶĂĐƚĞĚ ƐƵďƐĞƋƵĞŶƚ ƚŽ ƚŚĞŝƌ ƉƌĞƉĂƌĂƚŝŽŶ͕ŽƌĂƌĞĚƵĞƚŽĂŶLJŽƚŚĞƌĐĂƵƐĞƐďĞLJŽŶĚ<W&&͛ƐĐŽŶƚƌŽůĂƌĞŶŽƚŝŶĐůƵĚĞĚ͘ • ĚĚŝƚŝŽŶĂůƉĞƌŵŝƚƐĂŶĚĂŐĞŶĐLJĂƉƉƌŽǀĂůŵĂLJďĞƌĞƋƵŝƌĞĚďĂƐĞĚŽŶƚŚĞĨŝŶĂůďƌŝĚŐĞƌĞƉůĂĐĞŵĞŶƚ ŽƉƚŝŽŶĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶŵĞƚŚŽĚ͘dŚŽƐĞƉŽƐƐŝďůĞƉĞƌŵŝƚƐŝŶĐůƵĚĞ͕ďƵƚĂƌĞŶŽƚůŝŵŝƚĞĚƚŽ͗ o K
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o ZtYϰϬϭtĂƚĞƌYƵĂůŝƚLJĞƌƚŝĨŝĐĂƚŝŽŶ
o &t^ƚƌĞĂŵďĞĚůƚĞƌĂƚŝŽŶŐƌĞĞŵĞŶƚ
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dŚŝƐ ^ĐŽƉĞ ŽĨ ^ĞƌǀŝĐĞƐ ǁŝůů ďĞ ƉĞƌĨŽƌŵĞĚ ŽŶ ĂŶ ŚŽƵƌůLJ ŶŽƚ ƚŽĞdžĐĞĞĚ ďĂƐŝƐ͘ ŶŐŝŶĞĞƌŝŶŐ ŚŽƵƌƐ ǁŝůů ďĞ
ĐŚĂƌŐĞĚŚŽƵƌůLJĂĐĐŽƌĚŝŶŐƚŽŽƵƌĂƚƚĂĐŚĞĚĞŶŐŝŶĞĞƌŝŶŐĨĞĞƐĐŚĞĚƵůĞ͘dŚĞƚŽƚĂůĨĞĞĨŽƌƚŚŝƐ^ĐŽƉĞŽĨ^ĞƌǀŝĐĞƐ ŝŶĐůƵĚŝŶŐĚŝƌĞĐƚƐĂůĂƌLJĐŽƐƚƐĂŶĚĞdžƉĞŶƐĞƐ ĨŽƌƚŚĞƐĞƌǀŝĐĞƐĚĞƐĐƌŝďĞĚŝŶƚŚŝƐůĞƚƚĞƌŝƐΨϱϱϰ͕ϴϰϬ͘dŚĞŝƚLJ ƉƌĞǀŝŽƵƐůLJ ĂƵƚŚŽƌŝnjĞĚ ΨϯϮϳ͕ϬϬϬ ĂŶĚ ƚŚĞ ƌĞŵĂŝŶŝŶŐ ďƵĚŐĞƚ ĨƌŽŵ ƚŚŝƐ ŽƌŝŐŝŶĂů ĂƵƚŚŽƌŝnjĞĚ ĨĞĞ ŝƐ ĂƉƉƌŽdžŝŵĂƚĞůLJΨϭϳϱ͕ϬϬϬ͕ǁŚŝĐŚůĞĂǀĞƐĂĚĞůƚĂŽĨΨϯϳϵ͕ϴϰϬĂĚĚŝƚŝŽŶĂůďƵĚŐĞƚƌĞƋƵĞƐƚĞĚĨŽƌ<W&&ĂŶĚŝƚƐ ƐƵďĐŽŶƐƵůƚĂŶƚƐ͘
• &ĞĞƐĞƐĐƌŝďĞĚŝŶƚŚŝƐůĞƚƚĞƌ͗  Ψϱϱϰ͕ϴϰϬ
• ƉƉƌŽdžŝŵĂƚĞ&ĞĞƐZĞŵĂŝŶŝŶŐ͗  Ψϭϳϱ͕ϬϬϬ
• ŵĞŶĚŵĞŶƚZĞƋƵĞƐƚ͗   Ψϯϳϵ͕ϴϰϬ 
143
tĞĂƉƉƌĞĐŝĂƚĞƚŚŝƐŽƉƉŽƌƚƵŶŝƚLJƚŽƉĞƌĨŽƌŵƚŚŝƐǁŽƌŬ ĨŽƌƚŚĞŝƚLJŽĨ^ĂŶůĞŵĞŶƚĞĂŶĚĂƌĞĂǀĂŝůĂďůĞƚŽ ĚŝƐĐƵƐƐƚŚŝƐĨĞĞƉƌŽƉŽƐĂůŝŶŵŽƌĞĚĞƚĂŝůŝĨŶĞĞĚĞĚ͘WůĞĂƐĞĐŽŶƚĂĐƚŵĞĂƚ 


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Ϯ͘ >ŝŵŝƚĂƚŝŽŶŽĨ>ŝĂďŝůŝƚLJ
dŽƚŚĞŐƌĞĂƚĞƐƚĞdžƚĞŶƚĂůůŽǁĞĚďLJůĂǁ͕ƚŚĞĂŐŐƌĞŐĂƚĞůŝĂďŝůŝƚLJŽĨ<W&&ĨŽƌĂŶLJĂŶĚĂůůŝŶũƵƌŝĞƐ͕ĐůĂŝŵƐ͕ĚĞŵĂŶĚƐ͕ůŽƐƐĞƐ͕ĞdžƉĞŶƐĞƐ ŽƌĚĂŵĂŐĞƐ͕ŽĨǁŚĂƚĞǀĞƌŬŝŶĚ͕ĂƌŝƐŝŶŐŽƵƚŽĨŽƌŝŶĂŶLJǁĂLJƌĞůĂƚĞĚƚŽƚŚŝƐŐƌĞĞŵĞŶƚŽƌƚŚĞƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďLJ<W&&ŽŶƚŚŝƐ ƉƌŽũĞĐƚ͕ƐŚĂůůďĞůŝŵŝƚĞĚƚŽΨϱϬ͕ϬϬϬŽƌƚŚĞƚŽƚĂůĨĞĞƌĞĐĞŝǀĞĚďLJ<W&&ƉƵƌƐƵĂŶƚƚŽƚŚŝƐŐƌĞĞŵĞŶƚ͕ǁŚŝĐŚĞǀĞƌŝƐŐƌĞĂƚĞƌ͘&ƵƌƚŚĞƌ͕ ŶŽŽĨĨŝĐĞƌ͕ĚŝƌĞĐƚŽƌ͕ƐŚĂƌĞŚŽůĚĞƌŽƌĞŵƉůŽLJĞĞŽĨ<W&&ƐŚĂůůďĞĂƌĂŶLJƉĞƌƐŽŶĂůůŝĂďŝůŝƚLJƚŽůŝĞŶƚĨŽƌĂŶLJĂŶĚĂůůŝŶũƵƌŝĞƐ͕ĐůĂŝŵƐ͕ ĚĞŵĂŶĚƐ͕ůŽƐƐĞƐ͕ĞdžƉĞŶƐĞƐŽƌĚĂŵĂŐĞƐ͕ŽĨǁŚĂƚĞǀĞƌŬŝŶĚŽƌĐŚĂƌĂĐƚĞƌ͕ĂƌŝƐŝŶŐŽƵƚŽĨŽƌŝŶĂŶLJǁĂLJƌĞůĂƚĞĚƚŽƚŚŝƐŐƌĞĞŵĞŶƚ ŽƌƚŚĞƐĞƌǀŝĐĞƐƉƌŽǀŝĚĞĚďLJ<W&&ŽŶƚŚŝƐƉƌŽũĞĐƚ͘
ϯ͘ DĞĚŝĂƚŝŽŶ
ůůĚŝƐƉƵƚĞƐďĞƚǁĞĞŶůŝĞŶƚĂŶĚ<W&&ĂƌŝƐŝŶŐŽƵƚŽĨŽƌƌĞůĂƚŝŶŐƚŽƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůďĞƐƵďŵŝƚƚĞĚƚŽŶŽŶďŝŶĚŝŶŐŵĞĚŝĂƚŝŽŶ ƉƌŝŽƌƚŽĐŽŵŵĞŶĐĞŵĞŶƚŽĨĂŶLJŽƚŚĞƌũƵĚŝĐŝĂůƉƌŽĐĞĞĚŝŶŐ͘ ϰ͘ ŝƐƉƵƚĞ,ĂŶĚůŝŶŐ
<W&&ƐŚĂůůŵĂŬĞŶŽĐůĂŝŵĂŐĂŝŶƐƚůŝĞŶƚǁŝƚŚŽƵƚĨŝƌƐƚƉƌŽǀŝĚŝŶŐůŝĞŶƚǁŝƚŚĂǁƌŝƚƚĞŶŶŽƚŝĐĞŽĨĚĂŵĂŐĞƐĂŶĚƉƌŽǀŝĚŝŶŐůŝĞŶƚ ƚŚŝƌƚLJ;ϯϬͿĚĂLJƐƚŽĐƵƌĞďĞĨŽƌĞĂŶĂĐƚŝŽŶŝƐĐŽŵŵĞŶĐĞĚ͘dŚĞůŝĞŶƚƐŚĂůůŵĂŬĞŶŽĐůĂŝŵĞŝƚŚĞƌĚŝƌĞĐƚůLJŽƌŝŶĂƚŚŝƌĚͲƉĂƌƚLJĐůĂŝŵ͕ ĂŐĂŝŶƐƚ<W&&ƵŶůĞƐƐƚŚĞůŝĞŶƚŚĂƐ ĨŝƌƐƚƉƌŽǀŝĚĞĚ<W&&ǁŝƚŚĂǁƌŝƚƚĞŶĐĞƌƚŝĨŝĐĂƚŝŽŶĞdžĞĐƵƚĞĚďLJĂŶŝŶĚĞƉĞŶĚĞŶƚƉƌŽĨĞƐƐŝŽŶĂů ĐƵƌƌĞŶƚůLJƉƌĂĐƚŝĐŝŶŐŝŶƚŚĞƐĂŵĞĚŝƐĐŝƉůŝŶĞĂƐ<W&&ĂŶĚůŝĐĞŶƐĞĚŝŶƚŚĞƐƚĂƚĞŽĨƚŚĞƐƵďũĞĐƚƉƌŽũĞĐƚ͘dŚŝƐĐĞƌƚŝĨŝĐĂƚŝŽŶƐŚĂůůĂͿ ĐŽŶƚĂŝŶƚŚĞŶĂŵĞĂŶĚůŝĐĞŶƐĞŶƵŵďĞƌŽĨƚŚĞĐĞƌƚŝĨŝĞƌ͖ďͿƐƉĞĐŝĨLJĞĂĐŚĂŶĚĞǀĞƌLJĂĐƚŽƌŽŵŝƐƐŝŽŶƚŚĂƚƚŚĞĐĞƌƚŝĨŝĞƌĐŽŶƚĞŶĚƐŝƐĂ ǀŝŽůĂƚŝŽŶ ŽĨ ƚŚĞ ƐƚĂŶĚĂƌĚ ŽĨ ĐĂƌĞĞdžƉĞĐƚĞĚ ŽĨĂ ƉƌŽĨĞƐƐŝŽŶĂů ƉĞƌĨŽƌŵŝŶŐ ƉƌŽĨĞƐƐŝŽŶĂů ƐĞƌǀŝĐĞƐ ƵŶĚĞƌ ƐŝŵŝůĂƌ ĐŝƌĐƵŵƐƚĂŶĐĞƐ͖ ĂŶĚ
ĐͿƐƚĂƚĞŝŶĐŽŵƉůĞƚĞĚĞƚĂŝůƚŚĞďĂƐŝƐĨŽƌƚŚĞĐĞƌƚŝĨŝĞƌΖƐŽƉŝŶŝŽŶƚŚĂƚĞĂĐŚƐƵĐŚĂĐƚŽƌŽŵŝƐƐŝŽŶĐŽŶƐƚŝƚƵƚĞƐƐƵĐŚĂǀŝŽůĂƚŝŽŶ͘dŚŝƐ ĐĞƌƚŝĨŝĐĂƚĞ ƐŚĂůů ďĞ ƉƌŽǀŝĚĞĚ ƚŽ <W&& ŶŽƚ ůĞƐƐ ƚŚĂŶ ƚŚŝƌƚLJ ;ϯϬͿ ĐĂůĞŶĚĂƌ ĚĂLJƐ ƉƌŝŽƌ ƚŽ ƚŚĞ ƉƌĞƐĞŶƚĂƚŝŽŶ ŽĨ ĂŶLJ ĐůĂŝŵ Žƌ ƚŚĞ ŝŶƐƚŝƚƵƚŝŽŶŽĨĂŶLJũƵĚŝĐŝĂůƉƌŽĐĞĞĚŝŶŐ͘
ϱ͘ ^ƵƐƉĞŶƐŝŽŶŽĨ^ĞƌǀŝĐĞƐ
/Ĩ ůŝĞŶƚ ĨĂŝůƐ ƚŽŵĂŬĞ ƉĂLJŵĞŶƚƐ ƚŽ <W&&ŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚ ƚŚŝƐŐƌĞĞŵĞŶƚ͕ ƐƵĐŚ ĨĂŝůƵƌĞ ƐŚĂůů ƉƌŽǀŝĚĞ <W&& ƚŚĞ ŽƉƚŝŽŶ ƚŽ ƐƵƐƉĞŶĚ ƉĞƌĨŽƌŵĂŶĐĞ ŽĨ ƐĞƌǀŝĐĞƐ ƵŶĚĞƌ ƚŚŝƐ ŐƌĞĞŵĞŶƚ ƵƉŽŶ ƐĞǀĞŶ ;ϳͿ ĚĂLJƐ ǁƌŝƚƚĞŶ ŶŽƚŝĐĞ ƚŽ ůŝĞŶƚ͘ /Ŷ ƚŚĞ ĞǀĞŶƚ ŽĨ Ă ƐƵƐƉĞŶƐŝŽŶ ŽĨ ƐĞƌǀŝĐĞƐ͕ <W&& ƐŚĂůů ŚĂǀĞ ŶŽ ůŝĂďŝůŝƚLJ ĨŽƌ ĂŶLJ ĚĞůĂLJƐ Žƌ ĚĂŵĂŐĞƐ ĐĂƵƐĞĚ ďĞĐĂƵƐĞ ŽĨ ƐƵĐŚ ƐƵƐƉĞŶƐŝŽŶ͘ ĞĨŽƌĞ ƌĞƐƵŵŝŶŐƐĞƌǀŝĐĞƐ͕<W&&ƐŚĂůůďĞƉĂŝĚĂůůƐƵŵƐĚƵĞƉƌŝŽƌƚŽƐƵƐƉĞŶƐŝŽŶĂŶĚĂŶLJĞdžƉĞŶƐĞƐŝŶĐƵƌƌĞĚďLJ<W&&ŝŶƚŚĞŝŶƚĞƌƌƵƉƚŝŽŶ ĂŶĚƌĞƐƵŵƉƚŝŽŶŽĨŝƚƐƐĞƌǀŝĐĞƐ͘<W&&͛ƐĨĞĞƐĨŽƌƚŚĞƌĞŵĂŝŶŝŶŐƐĞƌǀŝĐĞƐĂŶĚƚŝŵĞƐĐŚĞĚƵůĞƐƐŚĂůůďĞĞƋƵŝƚĂďůLJĂĚũƵƐƚĞĚ͘/ĨĂŶLJ ŝŶǀŽŝĐĞŝƐŝŶĚŝƐƉƵƚĞ͕ůŝĞŶƚƐŚĂůůƉĂLJƵŶĚĞƌǁƌŝƚƚĞŶƉƌŽƚĞƐƚƚŽŬĞĞƉƚŚĞƉƌŽũĞĐƚŽŶƐĐŚĞĚƵůĞĂŶĚƌĞƐŽůǀĞƚŚĞƉĂLJŵĞŶƚĚŝƐƉƵƚĞ ĂĨƚĞƌƐƵďƐƚĂŶƚŝĂůĐŽŵƉůĞƚŝŽŶ͘
ϲ͘ dĞƌŵŝŶĂƚŝŽŶ
dŚŝƐŐƌĞĞŵĞŶƚŵĂLJďĞƚĞƌŵŝŶĂƚĞĚďLJĞŝƚŚĞƌƉĂƌƚLJǁŝƚŚƐĞǀĞŶ;ϳͿĚĂLJƐǁƌŝƚƚĞŶŶŽƚŝĐĞƚŽƚŚĞŽƚŚĞƌŝŶƚŚĞĞǀĞŶƚŽĨĂƐƵďƐƚĂŶƚŝĂů ĨĂŝůƵƌĞŽĨƉĞƌĨŽƌŵĂŶĐĞďLJƚŚĞŽƚŚĞƌƉĂƌƚLJƚŚƌŽƵŐŚŶŽĨĂƵůƚŽĨƚŚĞƚĞƌŵŝŶĂƚŝŶŐƉĂƌƚLJ͘/ĨƚŚŝƐŐƌĞĞŵĞŶƚŝƐƚĞƌŵŝŶĂƚĞĚ͕<W&&ƐŚĂůů ďĞƉĂŝĚĨŽƌƐĞƌǀŝĐĞƐƉĞƌĨŽƌŵĞĚƚŽƚŚĞƚĞƌŵŝŶĂƚŝŽŶŶŽƚŝĐĞĚĂƚĞ͕ŝŶĐůƵĚŝŶŐƌĞŝŵďƵƌƐĂďůĞĞdžƉĞŶƐĞƐĚƵĞ͘ ϳ͘ KǁŶĞƌƐŚŝƉŽĨŽĐƵŵĞŶƚƐ
dŚĞ ĚƌĂǁŝŶŐƐ͕ ĐĂůĐƵůĂƚŝŽŶƐ ĂŶĚ ƐƉĞĐŝĨŝĐĂƚŝŽŶƐ ĂƌĞ ŝŶƐƚƌƵŵĞŶƚƐ ŽĨ ƐĞƌǀŝĐĞ ĂŶĚ ĂƌĞ͕ ĂŶĚ ƐŚĂůů ƌĞŵĂŝŶ͕ ƚŚĞ ƉƌŽƉĞƌƚLJ ŽĨ <W&&͕ ǁŚĞƚŚĞƌƚŚĞƉƌŽũĞĐƚĨŽƌǁŚŝĐŚƚŚĞLJĂƌĞŵĂĚĞŝƐĞdžĞĐƵƚĞĚŽƌŶŽƚ͘dŚĞLJĂƌĞŶŽƚƚŽďĞƵƐĞĚŽŶŽƚŚĞƌƉƌŽũĞĐƚƐŽƌĞdžƚĞŶƐŝŽŶƐƚŽ ƚŚŝƐƉƌŽũĞĐƚĞdžĐĞƉƚďLJĂŐƌĞĞŵĞŶƚŝŶǁƌŝƚŝŶŐ͘
ϴ͘ ŽŶƚƌĂĐƚĚŵŝŶŝƐƚƌĂƚŝŽŶ
/ƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚ<W&&ǁŝůůŶŽƚƉƌŽǀŝĚĞĚĞƐŝŐŶĂŶĚĐŽŶƐƚƌƵĐƚŝŽŶƌĞǀŝĞǁƐĞƌǀŝĐĞƐƌĞůĂƚŝŶŐƚŽƐĂĨĞƚLJŵĞĂƐƵƌĞƐŽĨĂŶLJĐŽŶƚƌĂĐƚŽƌ ŽƌƐƵďĐŽŶƚƌĂĐƚŽƌŽŶƚŚĞƉƌŽũĞĐƚ͘&ƵƌƚŚĞƌ͕ŝƚŝƐƵŶĚĞƌƐƚŽŽĚƚŚĂƚ<W&&ǁŝůůŶŽƚƉƌŽǀŝĚĞĂŶLJƐƵƉĞƌǀŝƐŽƌLJƐĞƌǀŝĐĞƐƌĞůĂƚŝŶŐƚŽƚŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶ ĨŽƌ ƚŚĞ ƉƌŽũĞĐƚ͘ ŶLJ ŽƉŝŶŝŽŶƐ ƐŽůŝĐŝƚĞĚ ĨƌŽŵ <W&&ƌĞůĂƚŝŶŐ ƚŽĂŶLJ ƐƵĐŚ ƌĞǀŝĞǁ Žƌ ƐƵƉĞƌǀŝƐŽƌLJ ƐĞƌǀŝĐĞƐ ƐŚĂůů ďĞ ĐŽŶƐŝĚĞƌĞĚŽŶůLJĂƐŐĞŶĞƌĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚƐŚĂůůŶŽƚďĞƚŚĞďĂƐŝƐĨŽƌĂŶLJĐůĂŝŵĂŐĂŝŶƐƚ<W&&͘ ϵ͘ EŽdŚŝƌĚͲWĂƌƚLJĞŶĞĨŝĐŝĂƌLJ
EŽƚŚŝŶŐŝŶƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůĐƌĞĂƚĞĂĐŽŶƚƌĂĐƚƵĂůƌĞůĂƚŝŽŶƐŚŝƉǁŝƚŚŽƌĂĐĂƵƐĞŽĨĂĐƚŝŽŶŝŶĨĂǀŽƌŽĨĂŶLJƚŚŝƌĚƉĂƌƚLJĂŐĂŝŶƐƚ <W&&ŽƌůŝĞŶƚ͘
ϭϬ͘ EŽƐƐŝŐŶŵĞŶƚƐ
EĞŝƚŚĞƌƉĂƌƚLJƚŽƚŚŝƐŐƌĞĞŵĞŶƚƐŚĂůůƚƌĂŶƐĨĞƌ͕ƐƵďůĞƚŽƌĂƐƐŝŐŶĂŶLJƌŝŐŚƚƐƵŶĚĞƌŽƌŝŶƚĞƌĞƐƚŝŶƚŚŝƐŐƌĞĞŵĞŶƚ;ŝŶĐůƵĚŝŶŐďƵƚ ŶŽƚůŝŵŝƚĞĚƚŽŵŽŶŝĞƐƚŚĂƚĂƌĞĚƵĞŽƌŵŽŶŝĞƐƚŚĂƚŵĂLJďĞĚƵĞͿǁŝƚŚŽƵƚƚŚĞƉƌŝŽƌǁƌŝƚƚĞŶĐŽŶƐĞŶƚŽĨƚŚĞŽƚŚĞƌƉĂƌƚLJ͘ ϭϭ͘ WĂLJŵĞŶƚƐ
<W&&ǁŝůůƐƵďŵŝƚŵŽŶƚŚůLJŝŶǀŽŝĐĞƐ͘WĂLJŵĞŶƚŝƐĚƵĞŽŶƚŚĞĚĂƚĞŽĨƚŚĞŝŶǀŽŝĐĞĂŶĚďĞĐŽŵĞƐĚĞůŝŶƋƵĞŶƚŽŶĞŵŽŶƚŚ ƚŚĞƌĞĂĨƚĞƌ͘ůĂƚĞĐŚĂƌŐĞǁŝůůďĞĂĚĚĞĚƚŽĚĞůŝŶƋƵĞŶƚĂŵŽƵŶƚƐĂƚƚŚĞƌĂƚĞŽĨŽŶĞͲĂŶĚͲŽŶĞͲŚĂůĨƉĞƌĐĞŶƚ;ϭЪйͿĨŽƌ ĞĂĐŚŽŶĞŵŽŶƚŚŽĨĚĞůŝŶƋƵĞŶĐLJ;ŽƌƚŚĞŵĂdžŝŵƵŵĂůůŽǁĂďůĞďLJůĂǁ͕ǁŚŝĐŚĞǀĞƌŝƐůŽǁĞƌͿ͘ 147
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ATTACHMENT C -
Group Delta Proposal
150
ϯϮDĂƵĐŚůLJ͕^ƵŝƚĞ͕/ƌǀŝŶĞ͕ϵϮϲϭϴd
>͗;ϵϰϵͿϰϱϬͲϮϭϬϬ
ŶĂŚĞŝŵʹ/ƌǀŝŶĞʹKŶƚĂƌŝŽʹ^ĂŶŝĞŐŽʹdŽƌƌĂŶĐĞ
ǁǁǁ͘'ƌŽƵƉĞůƚĂ͘ĐŽŵ
<W&&ŽŶƐƵůƚŝŶŐ
ŶŐŝŶĞĞƌƐ ƵŐƵƐƚϮϯ͕ϮϬϮϮ
ϰϬϬKĐĞĂŶŐĂƚĞ͕^ƵŝƚĞϱϬϬ WƌŽƉŽƐĂůEŽ͘/ZϮϮͲϬϱϮ
>ŽŶŐĞĂĐŚ͕ϵϬϴϬϮ
ƚƚĞŶƚŝŽŶ͗ ŵĞƚŚLJƐƚtĞďď
^ƵďũĞĐƚ͗  WƌŽƉŽƐĂůĨŽƌ'ĞŽƚĞĐŚŶŝĐĂůZĞĐŽŵŵĞŶĚĂƚŝŽŶƐ
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dhE
Z^dE/E'
dŚĞƉƌŽƉŽƐĞĚƉƌŽũĞĐƚƐŝƚĞŝƐůŽĐĂƚĞĚĂƚƚŚĞŝƚLJŽĨ^ĂŶůĞŵĞŶƚĞ͕ĂůŝĨŽƌŶŝĂ͘/ƚŝƐŽƵƌƵŶĚĞƌƐƚĂŶĚŝŶŐ ƚŚĂƚ ƚŚĞĞdžŝƐƚŝŶŐƐƚĞĞůďŽĂƌĚǁĂůŬƉĞĚĞƐƚƌŝĂŶďƌŝĚŐĞǁŝůůďĞƌĞƉůĂĐĞĚǁŝƚŚĂůƵŵŝŶƵŵďƌŝĚŐĞƐŽĨ ĞƋƵĂůŽƌůĞƐƐǁĞŝŐŚƚ͘dŚĞƉƌŽũĞĐƚǁŝůůƐƚĂƌƚĨƌŽŵŽĂƌĚǁĂůŬ^ƚĂƚŝŽŶϬͲϴϯ͘ϯϯƚŽ^ƚĂƚŝŽŶϴнϴϯ͘ϮϱĂŶĚ ĨƌŽŵŽĂƌĚǁĂůŬ͟͞^ƚĂƚŝŽŶϭϬнϬϰ͘ϬϬƚŽ^ƚĂƚŝŽŶϭϬнϱϮ͘Ϯϱ͘dŚĞĞdžŝƐƚŝŶŐĚƌŝůůĞĚƐŚĂĨƚĨŽƵŶĚĂƚŝŽŶ ǁŝůůƐƵƉƉŽƌƚƚŚĞŶĞǁďƌŝĚŐĞ͘tŝƚŚƚŚĞƉŽƐƐŝďŝůŝƚLJŽĨƐŚŝĨƚŝŶŐƚŚĞďƌŝĚŐĞŚŽƌŝnjŽŶƚĂůůLJĂǁĂLJĨƌŽŵƚŚĞ ŚŝůůƐŝĚĞ ĂŶĚ ǀĞƌƚŝĐĂůůLJ͕ ƚŚĞ ůŽĂĚƐ ĞdžĞƌƚĞĚ ĨƌŽŵ ƚŚĞ ŶĞǁ ƐƵƉĞƌƐƚƌƵĐƚƵƌĞ ƚŽ ƚŚĞ ĚƌŝůůĞĚ ƐŚĂĨƚ ĨŽƵŶĚĂƚŝŽŶǁŝůůďĞĞǀĂůƵĂƚĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚĐƵƌƌĞŶƚĚĞƐŝŐŶƐƚĂŶĚĂƌĚƐ͘ <
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KƵƌƌĞǀŝĞǁŽĨƚŚĞƌĞĂĚŝůLJĂǀĂŝůĂďůĞŝŶĨŽƌŵĂƚŝŽŶĨŽƌƚŚĞƉƌŽũĞĐƚƐŝƚĞŝŶĚŝĐĂƚĞƚŚĞĨŽůůŽǁŝŶŐ͗ • ^ŝƚĞŝƐŐĞŶĞƌĂůůLJĐŽŶƐŝƐƚŝŶŐŽĨĨŝůůĚĞƌŝǀĞĚĨƌŽŵůŽĐĂůĨŽƌŵĂƚŝŽŶƐƌĂŶŐŝŶŐĨƌŽŵƐŝůƚLJƐĂŶĚƚŽ ĐůĂLJĞLJ Ɛŝůƚ ŽǀĞƌůLJŝŶŐ ĂƉŝƐƚƌĂŶŽ &ŽƌŵĂƚŝŽŶ ;ƐŚĂůĞ ĂŶĚ ŵƵĚƐƚŽŶĞ ǁŝƚŚ ůŽĐĂů ƐĂŶĚ ĂŶĚ ƐŝůƚƐƚŽŶĞͿ͘
• ^ŝƚĞŝƐǁŝƚŚŝŶĂ^ƚĂƚĞŽĨĂůŝĨŽƌŶŝĂ>ĂŶĚƐůŝĚĞ,ĂnjĂƌĚŽŶĞ͘^ŝƚĞŚĂƐĞdžƉĞƌŝĞŶĐĞĚĂŶƵŵďĞƌ ŽĨůĂŶĚƐůŝĚĞƐĂŶĚƐƵƌĨŝĐŝĂůĨĂŝůƵƌĞƐŽŶƚŚĞŚŝůůƐŝĚĞ͘
• ^ŝƚĞŝƐǁŝƚŚŝŶĂ^ƚĂƚĞŽĨĂůŝĨŽƌŶŝĂ>ŝƋƵĞĨĂĐƚŝŽŶ,ĂnjĂƌĚŽŶĞ͘ • 'ƌŽƵŶĚǁĂƚĞƌŝƐƐŚĂůůŽǁĂƚƚŚĞƐŝƚĞĂƚĐŽŶƐŝƐƚĞŶƚůĞǀĞůƐǁŝƚŚƚŚĞŽĐĞĂŶƚŝĚĞƐ͘ 
151
WƌŽƉŽƐĂůĨŽƌ'ĞŽƚĞĐŚŶŝĐĂů^ĞƌǀŝĐĞƐ        ƵŐƵƐƚϮϯ͕ϮϬϮϮ <W&&ŽŶƐƵůƚŝŶŐ
ŶŐŝŶĞĞƌƐʹWĞĚĞƐƚƌŝĂŶƌŝĚŐĞZĞƉůĂĐĞŵĞŶƚ      WĂŐĞ ͮϮ ^ĂŶůĞŵĞŶƚĞ͕ĂůŝĨŽƌŶŝĂ
'ƌŽƵƉĞůƚĂWƌŽƉŽƐĂůEƵŵďĞƌ/ZϮϮͲϬϱϮ

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• 'ĞŽƚĞĐŚŶŝĐĂů/ŶǀĞƐƚŝŐĂƚŝŽŶZĞƉŽƌƚ ;KƉƚŝŽŶĂůͿ ƚŽƉĞƌĨŽƌŵĂ ƐŝƚĞͲƐƉĞĐŝĨŝĐŝŶǀĞƐƚŝŐĂƚŝŽŶ ƚŽ ĐŽŶĨŝƌŵ ƚŚĞ ƉƌĞůŝŵŝŶĂƌLJ ;ĚĞƐŬƚŽƉ ƐƚƵĚLJͿ ĚĞƐŝŐŶ ĞǀĂůƵĂƚŝŽŶƐ ĂŶĚƉƌŽǀŝĚĞ Ă ĨŝŶĂů ĚĞƐŝŐŶ ŵĞŵŽƌĂŶĚƵŵ͘
ĞƐŬƚŽƉ^ƚƵĚLJ
'ƌŽƵƉĞůƚĂƉƌŽƉŽƐĞĚƐĐŽƉĞŽĨǁŽƌŬŝƐĂŝŵĞĚĂƚƉƌŽǀŝĚŝŶŐŐĞŽƚĞĐŚŶŝĐĂůƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐĨŽƌ ƉůĂŶŶŝŶŐƉƵƌƉŽƐĞƐƚŽƐƵƉƉŽƌƚƚŚĞĨĞĂƐŝďŝůŝƚLJŽĨƚŚĞƉƌŽƉŽƐĞĚďƌŝĚŐĞƌĞƉůĂĐĞŵĞŶƚ͘dŚĞƉƌŽƉŽƐĞĚ ƐĐŽƉĞŽĨǁŽƌŬŝŶĐůƵĚĞƐĂƐƚƵĚLJƚŽƐƵŵŵĂƌŝnjĞĞdžŝƚŝŶŐŐĞŽƚĞĐŚŶŝĐĂůĂŶĚŐĞŽůŽŐŝĐĂůŝƐƐƵĞƐƚŽŝĚĞŶƚŝĨLJ ĂŶĚĞǀĂůƵĂƚĞƉŽƚĞŶƚŝĂůĚĞƐŝŐŶŝƐƐƵĞƐ͘'ƌŽƵƉĞůƚĂǁŝůůƉƌŽǀŝĚĞĂƉƌĞůŝŵŝŶĂƌLJĂƐƐĞƐƐŵĞŶƚŽĨƚŚĞ ĞdžŝƐƚŝŶŐĨŽƵŶĚĂƚŝŽŶƐƚŚĂƚŝŶĐůƵĚĞƐƉŝůĞĐĂƉĂĐŝƚŝĞƐ͕ƉͲLJƐƉƌŝŶŐƐ͕ĂŶĚƉŽŝŶƚŽĨĨŝdžŝƚLJ͘WƌĞůŝŵŝŶĂƌLJƉŝůĞ ůŽĂĚƐ ǁŝůů ďĞ ĞǀĂůƵĂƚĞĚ ĂŶĚ ŝŶĐůƵĚĞĚ ŝŶ ŽƵƌ ĨŝŶĚŝŶŐƐ ĂŶĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͕ ŝĨ ƉƌŽǀŝĚĞĚ͘ dŚĞ ĨĞĂƐŝďŝůŝƚLJƐƚƵĚLJǁŝůůďĞƉƌĞƐĞŶƚĞĚŝŶĂŐĞŽƚĞĐŚŶŝĐĂůŵĞŵŽƌĂŶĚƵŵƚŚĂƚŝŶĐůƵĚĞƐƚŚĞĨŽůůŽǁŝŶŐ͗ • ĞƐĐƌŝƉƚŝŽŶŽĨƚŚĞƐŝƚĞĐŽŶĚŝƚŝŽŶƐ͘
• ŶĂƌƌĂƚŝǀĞĚĞƐĐƌŝďŝŶŐƚŚĞŐĞŽůŽŐŝĐƐĞƚƚŝŶŐŽĨƚŚĞƐŝƚĞƐ͘ • ŝƐĐƵƐƐŝŽŶŽĨ ƚŚĞŐĞŽůŽŐŝĐĂŶĚƐĞŝƐŵŝĐŚĂnjĂƌĚƐ͕ŝŶĐůƵĚŝŶŐ ĨĂƵůƚƌƵƉƚƵƌĞ͕ƐĞŝƐŵŝĐŐƌŽƵŶĚ ƐŚĂŬŝŶŐ͕ ůŝƋƵĞĨĂĐƚŝŽŶ ĂŶĚ ůŝƋƵĞĨĂĐƚŝŽŶ ŝŶĚƵĐĞĚ ƐĞƚƚůĞŵĞŶƚ ĂŶĚ ůĂƚĞƌĂů ƐƉƌĞĂĚŝŶŐ Ăƚ ƚŚĞ ƐŝƚĞƐ͘
• ŽŵŵĞŶƚ ŽŶ ƚŚĞ ƉŽƚĞŶƚŝĂů ĨŽƌ ƐůŽƉĞ ŝŶƐƚĂďŝůŝƚLJ ;ůĂŶĚƐůŝĚĞƐͿ ĂŶĚ ƐĞŝƐŵŝĐĂůůLJ ŝŶĚƵĐĞĚ ůĂŶĚƐůŝĚŝŶŐĂƚƚŚĞƐŝƚĞĂŶĚŝŶƚŚĞŐĞŶĞƌĂůǀŝĐŝŶŝƚLJŽĨƚŚĞƐŝƚĞǁŝƚŚƚŚĞƉŽƚĞŶƚŝĂůƚŽŝŵƉĂĐƚ ƚŚĞďƌŝĚŐĞĨŽƵŶĚĂƚŝŽŶƐ͘
•
ǀĂůƵĂƚŝŽŶŽĨƚŚĞŐĞŽƚĞĐŚŶŝĐĂůŝŵƉĂĐƚƐĂŶĚĂŶƚŝĐŝƉĂƚĞĚĞŶŐŝŶĞĞƌŝŶŐĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐŽĨƚŚĞ ƐŽŝůƐĂƚƚŚĞƐŝƚĞƐďĂƐĞĚŽŶƌĞĂĚŝůLJĂǀĂŝůĂďůĞŝŶĨŽƌŵĂƚŝŽŶ͘ • WƌĞůŝŵŝŶĂƌLJ ĨĞĂƐŝďŝůŝƚLJ ŐĞŽƚĞĐŚŶŝĐĂů ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ĨŽƌ ƐƵƉƉŽƌƚ ƵƐŝŶŐ ƚŚĞ ĞdžŝƐƚŝŶŐ ĨŽƵŶĚĂƚŝŽŶƐ͘
'ĞŽƚĞĐŚŶŝĐĂů/ŶǀĞƐƚŝŐĂƚŝŽŶZĞƉŽƌƚ;KƉƚŝŽŶĂůͿ
 ŐĞŽƚĞĐŚŶŝĐĂů ŝŶǀĞƐƚŝŐĂƚŝŽŶ ŝƐ ƌĞĐŽŵŵĞŶĚĞĚ ƚŽ ĐŽŶĨŝƌŵ ƚŚĞ ƐŽŝů ĐŽŶĚŝƚŝŽŶƐ Ăƚ ƚŚĞ ƉƌŽƉŽƐĞĚ ŝŵƉƌŽǀĞŵĞŶƚƐ ƚŽ ĨŝŶĂůŝnjĞ ƚŚĞ ƐŽŝů ƉƌŽĨŝůĞ ĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐ ĂŶĚ ĚĞƐŝŐŶ ƉĂƌĂŵĞƚĞƌƐ͘ dŚĞ ƉƌĞǀŝŽƵƐ ŐĞŽƚĞĐŚŶŝĐĂůŝŶǀĞƐƚŝŐĂƚŝŽŶƐĂƚƚŚĞƐŝƚĞǁĞƌĞůŝŵŝƚĞĚƚŽŽŶĞ;ϭͿĚLJŶĂŵŝĐĐŽŶĞƉĞŶĞƚƌŽŵĞƚĞƌ;WdͿ 152
WƌŽƉŽƐĂůĨŽƌ'ĞŽƚĞĐŚŶŝĐĂů^ĞƌǀŝĐĞƐ        ƵŐƵƐƚϮϯ͕ϮϬϮϮ <W&&ŽŶƐƵůƚŝŶŐ
ŶŐŝŶĞĞƌƐʹWĞĚĞƐƚƌŝĂŶƌŝĚŐĞZĞƉůĂĐĞŵĞŶƚ      WĂŐĞ ͮϯ ^ĂŶůĞŵĞŶƚĞ͕ĂůŝĨŽƌŶŝĂ
'ƌŽƵƉĞůƚĂWƌŽƉŽƐĂůEƵŵďĞƌ/ZϮϮͲϬϱϮ

ƉĞƌĨŽƌŵĞĚǁŝƚŚŝŶƚŚĞƉƌŽũĞĐƚůŝŵŝƚŽĨƚŚĞƉƌŽƉŽƐĞĚŝŵƉƌŽǀĞŵĞŶƚƐ;ǁŚŝĐŚŝƐĂƉƉƌŽdžŝŵĂƚĞůLJϵϬϬĨƚ ůŽŶŐͿĂŶĚĂĚĚŝƚŝŽŶĂůĐƵƌƌĞŶƚŝŶĨŽƌŵĂƚŝŽŶƐŚŽƵůĚďĞŽďƚĂŝŶĞĚĨŽƌĨŝŶĂůĚĞƐŝŐŶ͘ dŚĞĚĞŵĂŶĚŽŶƚŚĞƉŝůĞƐǁŝůůďĞŝŵƉĂĐƚĞĚďLJƚŚĞƚŚŝĐŬŶĞƐƐŽĨƚŚĞĨŝůůĚĞƌŝǀĞĚƐŽŝůƐŽǀĞƌůLJŝŶŐƚŚĞ ŝŶƚĂĐƚĂƉŝƐƚƌĂŶŽ&ŽƌŵĂƚŝŽŶ͘'ƌŽƵƉĞůƚĂǁŝůůƉĞƌĨŽƌŵŽŶĞĚĂLJŽĨĨŝĞůĚĞdžƉůŽƌĂƚŝŽŶƐƵƐŝŶŐWdƐ ĂůŽŶŐƚŚĞďƌŝĚŐĞĂůŝŐŶŵĞŶƚ͘WƌŝŽƌƚŽƚŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶ͕'ƌŽƵƉĞůƚĂǁŝůůŽďƚĂŝŶƚŚĞƌĞƋƵŝƌĞĚ ƉĞƌŵŝƚƐ ĨƌŽŵ ƚŚĞ ĂůŝĨŽƌŶŝĂ ^ƚĂƚĞ ĞƉĂƌƚŵĞŶƚ ŽĨ WĂƌŬƐ ĂŶĚ ZĞĐƌĞĂƚŝŽŶ ƚŽ ĂĐĐĞƐƐ ƚŚĞ Wd ůŽĐĂƚŝŽŶƐ͕ĂŶĚŶŽƚŝĨLJhŶĚĞƌŐƌŽƵŶĚ^ĞƌǀŝĐĞůĞƌƚ͕ĂƐƌĞƋƵŝƌĞĚďLJůĂǁ͘ŶLJĞŶǀŝƌŽŶŵĞŶƚĂůĐůĞĂƌĂŶĐĞ ƐŚŽƵůĚďĞƉĞƌĨŽƌŵĞĚďLJŽƚŚĞƌƐĂŶĚ'ƌŽƵƉĞůƚĂǁŝůůƉƌŽǀŝĚĞĂŐĞŽƚĞĐŚŶŝĐĂůŝŶǀĞƐƚŝŐĂƚŝŽŶǁŽƌŬ ƉůĂŶ ĨŽƌ ƵƐĞ͘ dŚĞ ĨŝĞůĚ ĞdžƉůŽƌĂƚŝŽŶƐ ǁŝůů ďĞ ƉĞƌĨŽƌŵĞĚ ƵŶĚĞƌ ƚŚĞ ƐƵƉĞƌǀŝƐŝŽŶ ŽĨ ŽƵƌ ĞŶŐŝŶĞĞƌͬŐĞŽůŽŐŝƐƚ͕ ǁŚŽ ǁŝůů ŵĂŝŶƚĂŝŶ Ă ĚĞƚĂŝůĞĚ ůŽŐ ŽĨ ƚŚĞ WdƐ͘ dŚĞ WdƐ ǁŝůů ƉƌŽǀŝĚĞ Ă ƌĞůĂƚŝǀĞĚĞŶƐŝƚLJŽĨƚŚĞƐŽŝůƉƌŽĨŝůĞƚŽďĞƵƚŝůŝnjĞĚŝŶƵƉĚĂƚĞĚƉŝůĞĚĞƐŝŐŶĞǀĂůƵĂƚŝŽŶƐ͘dŚĞƐƚƌƵĐƚƵƌĂů ŝŶƚĞŐƌŝƚLJŽĨƚŚĞƉŝůĞƐƐŚŽƵůĚďĞĞǀĂůƵĂƚĞĚďLJŽƚŚĞƌƐ͘ KƵƌƉƌĞůŝŵŝŶĂƌLJĨŽƵŶĚĂƚŝŽŶĚĞƐŝŐŶƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐǁŝůůďĞƵƉĚĂƚĞĚďĂƐĞĚŽŶƚŚĞĐƵƌƌĞŶƚƐŝƚĞ ƐƉĞĐŝĨŝĐĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶĂŶĚƚŚĞƌĞƐƵůƚƐŽĨŽƵƌĞŶŐŝŶĞĞƌŝŶŐĞǀĂůƵĂƚŝŽŶƐǁŝůůďĞƉƌĞƐĞŶƚĞĚŝŶĂ ŐĞŽƚĞĐŚŶŝĐĂů ŝŶǀĞƐƚŝŐĂƚŝŽŶ ƌĞƉŽƌƚ͘ dŚĞ ƌĞƉŽƌƚ ǁŝůů ĐŽŶƚĂŝŶ Ă ƉƌŽũĞĐƚ ĂŶĚ ƐŝƚĞ ĚĞƐĐƌŝƉƚŝŽŶ͕ ĚŝƐĐƵƐƐŝŽŶƐ ŽĨ ƚŚĞ ŐĞŽůŽŐŝĐ ĂŶĚ ƐĞŝƐŵŝĐ ƐĞƚƚŝŶŐ ĂŶĚ ƐĞŝƐŵŝĐ ŚĂnjĂƌĚƐ͕ ŵĂƉƉĞĚ ƐĞŝƐŵŝĐ ĚĞƐŝŐŶ ƉĂƌĂŵĞƚĞƌƐ͕ĚĞƚĂŝůĞĚĚŝƐĐƵƐƐŝŽŶ ŽĨ ŽƵƌ ĨŝĞůĚ ŝŶǀĞƐƚŝŐĂƚŝŽŶĂŶĚĨŝŶĚŝŶŐƐ͕ĂŶĚ ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ƉĞƌƚĂŝŶŝŶŐƚŽƚŚĞƌĞƚƌŽĨŝƚ͘KƵƌŐĞŽƚĞĐŚŶŝĐĂůǁŽƌŬĂŶĚƌĞƉŽƌƚƐǁŝůůĨŽůůŽǁĂůƚƌĂŶƐƐƚĂŶĚĂƌĚƐĂŶĚ ǁŝůůƉƌĞƐĞŶƚƚŚĞƌĞƐƵůƚƐŽĨƚŚĞƐŝƚĞͲƐƉĞĐŝĨŝĐĞdžƉůŽƌĂƚŝŽŶƐĂŶĚĚĞƐŝŐŶƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ͘ ^,
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tĞĂƌĞƉƌĞƉĂƌĞĚƚŽƐƚĂƌƚǁŽƌŬŝŵŵĞĚŝĂƚĞůLJĨŽůůŽǁŝŶŐƚŚĞƌĞĐĞŝƉƚŽĨLJŽƵƌǁƌŝƚƚĞŶĂƵƚŚŽƌŝnjĂƚŝŽŶ ĂŶĚĞƐƚŝŵĂƚĞƚŚĂƚŽƵƌƉƌĞůŝŵŝŶĂƌLJĚĞƐŬƚŽƉŐĞŽƚĞĐŚŶŝĐĂůŵĞŵŽƌĂŶĚƵŵǁŝůůďĞƐƵďŵŝƚƚĞĚƚŚƌĞĞ ;ϯͿǁĞĞŬƐĂĨƚĞƌŶŽƚŝĐĞƚŽƉƌŽĐĞĞĚ͘dŚĞĨŝĞůĚŝŶǀĞƐƚŝŐĂƚŝŽŶĐĂŶďĞĂĚǀĂŶĐĞĨŽůůŽǁŝŶŐƌĞĐĞŝƉƚŽĨĂŶ ĞŶĐƌŽĂĐŚŵĞŶƚ ƉĞƌŵŝƚ ĨƌŽŵ ƚŚĞ ^ƚĂƚĞ ŽĨ ĂůŝĨŽƌŶŝĂ͕ ĞƉĂƌƚŵĞŶƚ ŽĨ WĂƌŬƐ ĂŶĚ ZĞĐƌĞĂƚŝŽŶ ƚŚĂƚ ƚLJƉŝĐĂůůLJƚĂŬĞƐϰƚŽϲǁĞĞŬƐ͘dŚĞŐĞŽƚĞĐŚŶŝĐĂůŵĞŵŽƌĂŶĚƵŵǁŝƚŚŽƵƌĞǀĂůƵĂƚŝŽŶƐ͕ƐŝƚĞͲƐƉĞĐŝĨŝĐ ŝŶǀĞƐƚŝŐĂƚŝŽŶ ĂŶĚ ĨŝŶĂů ƌĞĐŽŵŵĞŶĚĂƚŝŽŶƐ ĐĂŶ ďĞ ƉƌŽǀŝĚĞĚ ǁŝƚŚŝŶƚŚƌĞĞ ;ϯͿ ǁĞĞŬƐ ŽĨ ƚŚĞ ĨŝĞůĚ ŝŶǀĞƐƚŝŐĂƚŝŽŶ͘
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KƵƌĨĞĞĨŽƌƚŚĞĂďŽǀĞƐĐŽƉĞƐŽĨǁŽƌŬǁŝůůďĞĨŽƌƚŚĞĨŽůůŽǁŝŶŐůƵŵƉͲƐƵŵĂŵŽƵŶƚƐ͗ ĞƐŬƚŽƉ^ƚƵĚLJ        Ψϵ͕ϴϯϱ͘
'ĞŽƚĞĐŚŶŝĐĂů/ŶǀĞƐƚŝŐĂƚŝŽŶZĞƉŽƌƚ;ŽƉƚŝŽŶĂůͿ    ΨϭϬ͕ϲϰϬ͘ dŚĞǁŽƌŬǁŝůůďĞĚŽŶĞŝŶĂĐĐŽƌĚĂŶĐĞĂƚƚĂĐŚĞĚƌĂƚĞƐŚĞĞƚĂŶĚƐƚĂŶĚĂƌĚƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐ;ƐĞĞ ƚƚĂĐŚŵĞŶƚϭͿ͘dĂďůĞϭƉƌĞƐĞŶƚƐĨĞĞďƌĞĂŬĚŽǁŶĨŽƌƚŚĞƐĐŽƉĞŽĨǁŽƌŬĚĞƐĐƌŝďĞĚĂďŽǀĞ͘ tĞǁŝůůŶŽƚĞdžĐĞĞĚ ƚŚĞƐĞ ĨĞĞƐƵŶůĞƐƐĂĚĚŝƚŝŽŶĂůĞĨĨŽƌƚŽƌĐŚĂŶŐĞŽĨ ƐĐŽƉĞŝƐ ƌĞƋƵŝƌĞĚ͘/Ŷ ƚŚĂƚ ĞǀĞŶƚ͕ǁĞǁŝůůĚŝƐĐƵƐƐƚŚĞƐŝƚƵĂƚŝŽŶǁŝƚŚLJŽƵďĞĨŽƌĞŝŶĐƵƌƌŝŶŐĂŶLJĂĚĚŝƚŝŽŶĂůĐŽƐƚ͘^ƵƉƉůĞŵĞŶƚĂů 153
WƌŽƉŽƐĂůĨŽƌ'ĞŽƚĞĐŚŶŝĐĂů^ĞƌǀŝĐĞƐ        ƵŐƵƐƚϮϯ͕ϮϬϮϮ <W&&ŽŶƐƵůƚŝŶŐ
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GROUP DELTA CONSULTANTS, INC.

FEE SCHEDULE AND TERMS &
CONDITIONS 2022
HOURLY CHARGES FOR PERSONNEL
(Engineer/Geologist/Scientist)
PRINCIPAL $245
ASSOCIATE $225
SENIOR $195
PROJECT $180
SENIOR STAFF $165
STAFF $155
SENIOR PRINCIPAL $295
DESIGNER / ILLUSTRATOR / AUTOCAD $100
TECHNICAL / PROJECT SUPPORT / ADMIN$80
DRIVER /PICKUP & DELIVERY OF SAMPLES $95

TESTING & INSPECTION SERVICES
PROJECT MANAGER $185
QUALITY CONTROL MANAGER $165
LABORATORY MANAGER $140
SENIOR ENVIRONMENTAL TECHNICIAN $140
ENVIRONMENTAL TECHNICIAN $100
TECHNICIAN / INSPECTORͲPREVAILING WAGE / UNION $122
TECHNICIAN / INSPECTOR – NONͲPREVAILING WAGE $95
TECHNICIAN / LABORATORY TESTING $95

CHARGES FOR EQUIPMENT
VEHICLE:

FIELD VEHICLE $ 8/hour
MILEAGE (PER CURRENT IRS RATES) $ 0.625/mile
NUCLEAR DENSITY GAUGE $ 8/hour
PHOTO IONIZATION DETECTOR $ 35/hour
XRF DEVICE $ 100/day
HAZARDOUS GAS SAFETY MONITOR $ 25/hour

OTHER CHARGES
Outside services will be charged at cost plus 15 percent (15%). Technician and support personnel time for work over eight (8) hours per day will be charged at 1.5 timesthe regular rates.Holidays, hours over twelve (12) per day, and all weekends hours will be charged at 2.0 times the regular rates. Prevailing wage hourly rates will be increased in accordance with the Department of Industrial Relations annual increases as they take effect. Feesfor participation in deposition, arbitration, trial, etc., will be charged at an hourly rate of $400 per hour, 4Ͳhour minimum, portal to portal.
156
LABORATORY TESTING FEE SCHEDULE 2022
(unit cost)

SOIL AND ROCK TESTS
CLASSIFICATION AND INDEX TESTS:

Atterberg Limits, Plasticity Index (ASTM D4318) .................... $200 Non Plastic .............................................................. $145 Moisture Content (ASTM D2216) ............................................. $30 % Passing #200 Sieve (ASTM D1140) ........................................ $66 Sieve Analysis w/o Hydrometer (ASTM D422) ........................ $120 Sieve Analysis w/ Hydrometer (ASTM D422) .......................... $210 pH of Soil (CTM 643) ................................................................. $50 Soil Resistivity (CTM 643).......................................................... $99 Soluble Sulfate (CTM 417) ........................................................ $50 Soil Chloride Content (CTM 422) .............................................. $72 Corrosivity Series; Sulfate, Chloride, pH, Resistivity
(CTM643, 417, 422) ................................................ $270 Specific Gravity of Soil (ASTM D854) ...................................... $132 Unit Weight/Moisture Content, wax (ASTM D2937) ................ $50 Unit Weight/Moisture Content,
Shelby tube (ASTM D2937) ....................................... $55 Unit Weight/Moisture Content,
ring sample (ASTM D2937) ....................................... $45 STRENGTH TESTS:

Direct Shear, Residual (ASTM D3080) ..................................... $800 Direct Shear, Consolidated (ASTM D3080) ............................. $265 Direct Shear, Consolidated (ASTM D3080), Remolded ........... $330 R-Value, (ASTM D2844, CTM 301) .......................................... $330 R-Value, Lime Treated in Lab (ASTM D2844, CTM 301) .......... $390 R-Value, Aggregate Base (ASTM D2844, CTM 301) ................. $375 R-Value, (less than 5) (ASTM 2844, CT 301) ............................ $125 California Bearing Ratio (D1883) ............................................ $800 Torsional Ring Shear (ASTM D7608) ....................................... $780 Vane Shear Test (ASTM D4648) ................................................ $50 Unconfined Compression (ASTM D2166) ............................... $176 VOLUMETRIC CHANGE:

Consolidation Test (ASTM D2435), w/o time rate .................. $300 Consolidation Test (ASTM D2435), w/ time rate .................... $385 Consolidation Test (ASTM D2435), single point ...................... $160 Free Swell ............................................................................... $245 Double Oedometer ................................................................. $430 Expansion Index (ASTM D4829) .............................................. $200 Response to Wetting (ASTM D4546) ...................................... $116 Soil Suction (ASTM D5298) ................................................... Quote PERMEABILITY:

Permeability of Granular Soil (ASTM D2434) ........................ Quote

SOIL AND ROCK TESTS
COMPACTION:

Maximum Density and Optimum Moisture (ASTM D1557)
4” Mold ................................................................... $250 4” with rock correction ........................................... $265 6” Mold ................................................................... $280 6” with rock correction ........................................... $285 Maximum Density Check Point (ASTM D1557) ........................ $80 Moisture Density of Soil-Cement Mixtures (ASTM D558) .... Quote California Impact Compaction, test only (CTM 216) .............. $250 AGGREGATE/SUBGRADE:

Abrasion Test (ASTM C131/C535)
100 and 500 Revs ..................................................... $275 500 & 1000 Revs ....................................................... $303 200 and 1000 Rev ..................................................... $303 500 revs only ............................................................ $138 1000 revs only .......................................................... $165 Clay Lumps/Friable Particles (ASTM C142) ............................... $132 Durability Index, Coarse (ASTM D3744/CTM229) .................... $149 Durability Index, Fine (ASTM D3744/CTM229) ........................ $127 Durability Index, Coarse & Fine (ASTM D3744/CTM229) ........ .$275 Organic Impurities (ASTM C40) .................................................. $88 Percent Fractured Aggregate (ASTM D5821) per sieve size ....... $33 Fine Aggregate Angularity (ASTM C1252) ................................ $180 Sand Equivalent (ASTM D2419) ................................................ $115 Sieve Analysis (ASTM C136)
fine aggregate ........................................................... $120 coarse aggregate ...................................................... $105 Specific Gravity and Absorption:
fine aggregate (ASTM C128) ..................................... $165 coarse aggregate (ASTM C127) ................................ $135 Sulfate Soundness (ASTM C88) per sieve size .......................... $165 Cleanness Value (CTM 227) ...................................................... $145 Flat & Elongated Particles,
(ASTM D4791) Per Screen Size .................................. $33 Unit Weight of Aggregate, loose/dry rod (ASTM C29) ............... $90

SAMPLE PREPARATION
Sample preparation such as hand-cutting of samples, extraction from samplers, processing, and mixing of stabilized soils will be charged in addition to the individual test at the Engineering Technician hourly rate ............................................................................................. $95 157
GROUP DELTA CONSULTANTS, INC.

LABORATORY TESTING FEE SCHEDULE 2022
(unit cost)

CONSTRUCTION MATERIALS
ASPHALT CONCRETE:

Bulk Specific Gravity of Core,
Coated (CTM 308, ASTM D1188) ................................ $83 Hveem Unit Weight (CTM 304/308), set of 3 ........................... $295 Hveem Unit Weight (ASTM D2726), set of 2 ............................ $235 Stabilometer /Hveem (ASTM1560, ASTM 2726) set of 2 .......... $335 Stabilometer /Hveem (CT 366) set of 3 .................................... $360 Stabilometer Only, (CT 366) set of 3 ......................................... $297 Stabilometer Only, (ASTM D1560) set of 2 ............................... $253 Bulk Sp. Gravity (Rice) (ASTM D2041) ....................................... $176 Bulk Sp. Gravity (Rice) (CT309) ................................................... $88 Asphalt Concrete JMF Verification.......................................... Quote Marshall Unit Weight (ASTM D1559), 3 plug average .............. $281 Marshall Stability/Flow (ASTM D1560), set .............................. $300 Percent Bitumen (CTM 382) ..................................................... $138 Percent Bitumen & Gradation (CTM 382/202) ......................... $264 Film Stripping (CTM 302 ) ......................................................... $259 HMA Moisture Content (CTM 371) ............................................. $44 Ignition Oven Correction Factor
Aggregate and oil ...................................................... $800 Ignition Oven Correction Factor
Aggregate and oil w/ RAP ....................................... $1000 Hveem AC Mix Design ............................................................. Quote Marshall AC Mix Design .......................................................... Quote Tensile Strength Ratio (TSR) …………………………………………………Quote
REINFORCED CONCRETE TESTS:

Compressive Strength, per cylinder (ASTM C39) ........................ $42 Compressive Strength, per core (ASTM C39/42) ........................ $72 Flexural Strength, 6x6x18 beam (ASTM C78) .............................. $90 Compressive Strength, Shotcrete Panel,
Set of 3 (ASTM C39/42) ............................................. $360 Compressive Strength of Shotcrete, per core ............................. $72 Removal of Shotcrete Cores, In Lab, each .................................. $80 Compressive Strength, Light Weight Concrete Fill ..................... $35 Compressive Strength, Soil Cement ............................................ $44 Drying Shrinkage, 3 specimens, 28-day .................................... $413

CONSTRUCTION MATERIALS
REINFORCED CONCRETE TESTS: (cont.)
Tensile Strength, Splitting (ASTM C496) ......................... $100 Petrographic Analysis of Cementitious Mat. ................. Quote Cement Content Analysis of Conc. (ASTM C1084) ........ Quote Coefficient of Thermal Expansion. ................................ Quote Concrete Trial Batch w/ lab testing ............................... Quote STRUCTURAL MASONRY:

Compressive Strength Prism, All Sizes, each…………………$132
Compressive Strength of Masonry Block,
Set of 3 (ASTM C140) ...................................... $396 Linear Shrinkage of Masonry Blk., set of 3 (ASTM C426) $363 Shear Test of Masonry Cores, 6” (DSA) ........................... $110 Compressive Strength of Masonry Cores, 6” .................... $72 Dimensions of Masonry Block, Set of 3 (ASTM C140) ....... $60 Absorption of Masonry Block (ASTM C140),
Set of 3 ............................................................................ $138 Unit Weight of Masonry Block (ASTM C140),
Set of 3 ............................................................................ $110 Moisture Content of Masonry Block (ASTM C140),
Set of 3 ............................................................................ $110 Mortar Compressive Strength
2x4, per cylinder (UBC STD 21-16) .................................... $45 Grout Compressive Strength
2x2x2, per cube (ASTM C109) ........................................... $39 3x3x6, per cube (UBC STD 21-18) ..................................... $72 Brick Compressive Strength, 5 brick set (ASTM C67) ...... $292 Brick Absorption Test (ASTM C67)
5 or 24-hour submersion, 5 brick set .............................. $292 1, 2, or 5-hour boiling, 5 brick set ................................... $292 Efflorescence, Brick, 5 brick set (ASTM C67) ................... $290 Modulus of Rupture, 5 brick set (ASTM C67) .................. $209 Moisture As-Received, 5 brick set (ASTM C67) ............... $180 Saturation Coefficient/Absorption, 5 brick set
(requires 24 hr. Submersion and 5 hr. boil Absorption
test prior to calculation) ................................................ $143 Modulus of Elasticity (ASTM C469) ........................................... $248

158
GROUP DELTA CONSULTANTS, INC.

LABORATORY TESTING FEE SCHEDULE 2022
(unit cost)

CONSTRUCTION MATERIALS
STRUCTURAL STEEL :

High Strength Bolt Testing (ASTM F606)
Hardness, bolt, washer, or nut, each ..................... $28 Bolt Wedge Tensile, each ........................................ $83 Bolt Proof Load, each .............................................. $60 Nut Proof Load, each .............................................. $50 Bolt Assembly Test Series, Set of 3 ....................... $780 Set-Up, if less than three bolts are submitted ........................ $80 Rebar, Tensile Test (ASTM A370)
No. 3 bar to No. 14 bar ........................................... $75 No. 18 bar ............................................................. $200 Rebar, Bend Test (ASTM A370) ............................................... $63 Welded Rebar – Hoops (CTM 670) ......................................... $75 Mechanically Spliced (CTM 670)
No. 3 bar to No. 14 bar ......................................... $100 No. 18 bar ............................................................. $200 Slippage Test in Addition to Tensile, each .............. $75 Structural Steel, Tensile Test (ASTM A370)
100k or less ............................................................. $85 101k-200k ............................................................. $105 Structural Steel, Bend Test ..................................................... $75 Structural Steel, Pipe Flattening Test ...................................... $66 Seven Wire Strand, Tensile/MOE (ASTM A416) .................... $230 Seven Wire Strand, Tensile Only (ASTM A416) ..................... $155 Machining and Prep. of Structural Steel ............................. Quote Structural Steel Chemical Analysis ...................................... Quote Skidmore Bolt Calibration, In Lab ......................................... $170 Weld Procedure Qualification Test, Rebar............................ $325 Welder Qualification Test, Rebar .......................................... $175 Weld Procedure Qualification Test ....................................... $375 Welder Qualification Test ................................................... Quote Carbon Equivalent ................................................................ $150 Carbon Equivalent, Including Calculation ............................. $200 Macroetch Test of Welds ...................................................... $110 Nelson Stud Tensile (ASTM A370)....................................... Quote Charpy Impact Testing ........................................................ Quote FIREPROOFING:

Spray-Applied Fireproofing, Density (ASTM E605)
Oven-Dry Method ............................................................. $80 Displacement Method ...................................................... $75 159
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ATTACHMENT D -
Cal Vada Surveying,
Inc Proposal
160
Armando D. DuPont, Professional Land Surveyor 7780
411 Jenks Circle, Suite 205, Corona, CA 92880 Phone (951) 280-9960 Fax (951) 280-9746 [email protected] www.CALVADA.com

DVBE • MBE • SBE • CERTIFIED

PROFESSIONAL LAND SURVEYING
September 28, 2022
Casey Rasile, PE, QSD
Associate
KPFF Consulting Engineers (Long Beach)
400 Oceangate, Ste 500
Long Beach, CA 90802
Ph: 562-437-9100
[email protected]
Subject: Proposal for Professional Surveying Services
903 Buena Vista,San Clemente, CA
Dear Mr. Rasile,
CAL VADA Surveying, Inc. (CAL VADA) is a certified DVBE, MBE & SBE company established in 1989 with extensive experience providing land surveying services for projects ranging from small retail and office properties to large commercial developments. Our service philosophy is to provide our clients the most efficient and highest quality service, never sacrificing quality for timeliness. We are fully committed to making your project a success.

Should you have any questions on the attached proposal or need additional information, please contact me at (951) 280-9960. If this proposal is acceptable, please indicate by signing the terms at the end and return a copy to my attention by email or fax at (951) 280-9746 and we will begin work immediately. Our goal is to establish a great working relationship with you for this project, so that you have a surveying firm that you can count on in the future.

Thank you again for your consideration and we would welcome the opportunity to work with you on this project!
Kind Regards,

CAL VADA SURVEYING, INC.

Armando D. DuPont, PLS
President
[email protected]
161
Armando D. DuPont, Professional Land Surveyor 7780
411 Jenks Circle, Suite 205, Corona, CA 92880 Phone (951) 280-9960 Fax (951) 280-9746 [email protected] www.CALVADA.com

I SCOPE OF SERVICES
Topographic Survey

A design level Topographic Survey is a professional services and will be provided for the area as outlined in the aerial picture shown on Exhibit "A". The site boundaries will be shown for reference based upon available record maps. We recommend that a complete title report be provided for the subject parcel in order to identify all of the underlying encumbrances. We will only plot those easement shown on available mapping and cannot guarantee that all easement/encumbrances will be shown.

The items that will include are as follows:

1. The vertical control will be based upon NAVD 88 Datum.

2. The horizontal control will be based on the California State Plane Coordinate System of 1983 (NAD 83).

3. Our base mapping will be created via aerial photogrammetry mapping and then further enhanced by our field crews; we will provide one foot contours.

4. Location, elevation, size, and type of existing utilities and improvements, on site and within 25 feet of the property line.

5. Spot elevations of grade breaks and flow lines of adjacent streets, curbs, or catch basins that terminate or commence offsite flow within the Site, along with all existing F.F. and of adjacent parking structure.

6. Flow line invert elevations and sizes of existing sanitary sewer and storm drain manholes adjacent to site, unless bolted down.

7. Existing driveways and intersections adjacent to Site.

8. Location of existing adjacent signing and striping, and traffic control signals within the Site.

9. Nearest public fire hydrants within the Site. If none are within the Site limits, the nearest two shall be provided.

10. Street lights across the street and within the Site’s lateral limits.

11. Location of trees over 6 feet in height, regardless of caliper within the Site. 162
Armando D. DuPont, Professional Land Surveyor 7780
411 Jenks Circle, Suite 205, Corona, CA 92880 Phone (951) 280-9960 Fax (951) 280-9746 [email protected] www.CALVADA.com

Exhibit "A"
Extent of Survey (4.2 acres)

1. Areas within the full Public Street Right of Way on streets which front the Site. This item includes topography up to the back of sidewalk or curb and any utilities within 5’ of the back of sidewalk or curb.
163
Armando D. DuPont, Professional Land Surveyor 7780
411 Jenks Circle, Suite 205, Corona, CA 92880 Phone (951) 280-9960 Fax (951) 280-9746 [email protected] www.CALVADA.com

III FEE
Pricing includes all labor (both field and office), materials, equipment, research and deliverables to client.

Topographic Survey.......................................………………………………..…$26,680.00 Record of Survey If Necessary Per V- 6 & 7 Below-Additional…………...$6,600.00 (Excludes County Surveyors Fee, approximately $800.00)

Field survey crews will locate the necessary existing boundary monuments for the resolution of the project boundary.

If sufficient monumentation is not recovered during the field survey and monuments are required to be set, a Record of Survey may be required. For purposes of this proposal, the Record of Survey is not included and will be negotiated as a separate item at a later date if it becomes necessary.

IV SCHEDULE
We are available immediately to expedite this project and require 24-hour notice. The delivery of the topographic survey will be 18 business days from notice to proceed; subject to weather or other factors beyond our control. Should you require quicker services, CAL VADA will accommodate any reasonable schedule.

V ADDITIONAL SERVICES AND ASSUMPTIONS
Should changes to the Scope of Services or any additional services be required after commencement of the project work, an Agreement for changes in pricing, if any, will be reached for the extra work involved, the assumptions are as follows:
1) Current title reports will be supplied by the Client. 2) Deliverables will consist of a portable document format (PDF)/hard copy survey and CAD file. 3) Subject site will be accessible and clear of obstructions at requested time of survey (if access coordination is needed prior to survey, Client will provide needed information) and surveying will occur during normal business hours.
4) Lot Tie Agreement and Lot Line Adjustment efforts are excluded at this time as the specific requirements and lot configurations are unknown at this time. 5) This is a NOT Prevailing Wage Project.
6) Sufficient survey monumentation will be available at the controlling major intersections and key locations of the underlying record maps. In the event the monumentation is incomplete or deficient, then additional expanded scope may be required. If this should occur, we will discuss our findings in detail with the Client, and a fee adjustment to this agreement will be required. 7) Please note that a Record of Survey has not been included in the Scope of Services. We shall be required to file a Record of Survey if, in performing the boundary survey, material discrepancies are found between the field conditions and the "record" conditions or if any of the boundary lines being established are not shown on any previously recorded Subdivision Map, Official Map, or Record of Survey. A copy of those sections of the Professional Land Surveyor's Act describing

INCLUDED IN

THIS SCOPE
164
Armando D. DuPont, Professional Land Surveyor 7780
411 Jenks Circle, Suite 205, Corona, CA 92880 Phone (951) 280-9960 Fax (951) 280-9746 [email protected] www.CALVADA.com

the requirement for a Record of Survey will be provided at Client's request. The preparation and filing of a Record of Survey shall be billed and paid for as "Additional Services." 165
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ATTACHMENT E -
LGC Geotechnical
Inc, Proposal
166
131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com August 15, 2022 Project No. 20015-01
Mr. Ed DeBroeck
KPFF
1601 Fifth Avenue, Suite 1300
Seattle, WA 98101
Subject: Budget Request for Geotechnical Services Related to Remediation of a Landslide and Replacement of the Raised Portion of San Clemente Beach Trail (Mariposa) San Clemente, California
Introduction
In accordance with your request, LGC Geotechnical is pleased to provide you with a budget request to provide geotechnical services during the design, planning and permitting stages for the remediation of the recent landslide (2020) and the replacement and re-positioning of the raised portion of the San Clemente Beach Trail. It is our understanding that you will be coordinating the design and preparation of all plans for the combined project. The landslide remediation plans will be based on our provisional geotechnical report for the site of July 30, 2022. Once all the plans and reports have been prepared and approved by the City of San Clemente, they will be submitted to the California Coastal Commission Staff for review and with the ultimate goal of approval from the Commission. Based on our conversations with Mr. Joe Street, the geotechnical representative on the CCC staff, and his visit to the site an in-depth geotechnical report will not be required. However, it has been our experience that once an official submission is made to CCC there is typically multiple requests for additional information. Frequently multiple remedial alternatives are requested, and additional investigation and analysis is required. We have prepared this cost estimate in good faith assuming that our existing report can be updated without significant changes for the initial submittal. After that we have included a budget assuming there will be some questions from Coastal Staff for budgetary purposes, but that the questions do not require subsurface investigation. We feel that our cost estimate prior to submittal is realistic. The cost estimate for services after submittal should be considered a placeholder only.

Ultimately all our services will be performed on a time and material basis and the actual budget will to a large extent depend upon the requests of the CCC staff which is impossible to predict.

Key Staff
Tim Lawson will be the principal in charge of our work. Tim worked on the original beach trail design, construction, and monitoring. Tim has more than 30 years of geotechnical experience specifically in San Clemente and has worked on a multitude of landslide projects here. Tim has also testified in front of the CCC in regard to geotechnical issues. Tim’s resume is attached to this cost estimate. Tim will be supported by a staff of Engineers and Geologists in our San Clemente office. 167
Project No. 20015Ǧ01 Page 2 August 15, 2021
General Scope of Geotechnical Services PRIOR to Submission to California Coastal Commission Staff
x General coordination with KPFF in preparation of grading plans, geotechnical recommendations, and bridge remediation;
x Site meeting with CCC geotechnical staff;
x Prepare an updated geotechnical report outlining current conditions and recommendations for remediation to be provided to CCC based on input from staff; x Geotechnical review of proposed grading plans;
x Preparation of Seismic recommendations for bridge remediation; x Meetings and Co-ordination with City of San Clements and KPFF; and x Attend conference calls.

Estimated cost $25,000
General Scope of Geotechnical Services AFTER Submission to California Coastal Commission Staff x Prepare conceptual geotechnical alternatives to the bridge re-positioning and proposed landslide remediation;
x Discuss and analyze existing slope stability;
x Evaluate sea level raise on proposed plans; and
x Respond to undetermined issues raised by CCC staff.

Estimated Cost $25,000
Cost Estimate
At this time, we estimate a budget of Fifty Thousand Dollars ($50,000.00) should cover these services.

Our services will be billed on a time and materials basis in accordance with our attached 2022 professional fee schedule.
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Project No. 20015Ǧ01 Page 3 August 15, 2021
Closure
Our work will be performed in accordance with the professional standards of geotechnical consulting for this type of project in Southern California. No warrantee or guarantee is provided. We appreciate this opportunity to be of service. Should you have any questions or concerns regarding this estimate please do not hesitate to contact our office.

Sincerely,
LGC Geotechnical, Inc.

Tim Lawson, GE, CEG
Geotechnical Engineer/Geologist
TJL/amm
Attachment: 2022 Professional Fee Schedule
Terms and Conditions
Tim Lawson Resume
Distribution: (1) Addressee (electronic copy)
169
131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com 2022 PROFESSIONAL FEE SCHEDULE

GEOTECHNICAL SERVICES
Professional Billing Rate (per hour)
Word Processing .......................................................................................................................................................................... $ 70.00 CAD Operator .................................................................................................................................................................................... 95.00 Junior Field Technician ................................................................................................................................................................. 95.00 Senior Field Technician .............................................................................................................................................................. 110.00 Field Technician/Prevailing Wage ........................................................................................................................................ 150.00 Staff Engineer/Geologist ........................................................................................................................................................... 135.00 Senior Staff Engineer/Geologist ............................................................................................................................................ 145.00 Field Supervisor/Operations Manager ................................................................................................................................ 110.00 Project Engineer/Geologist ...................................................................................................................................................... 170.00 Senior Project Engineer/Geologist ........................................................................................................................................ 185.00 Associate Engineer/Geologist ................................................................................................................................................. 195.00 Principal Engineer/Geologist .................................................................................................................................................. 250.00 Engineering Equipment
Field Vehicle Usage ................................................................................................................................................. $ 10.00/per hour Vehicle Mileage ......................................................................................................................................... included in vehicle usage Nuclear Soil Gauge and Inclinometer .................................................................................................. included in hourly rate Other Monitoring Equipment ..................................................................................................................................... Upon Request Laboratory Tests
Moisture Content .................................................................................................................................................................................. $ 24.00 Moisture and Density (ring samples) ................................................................................................................................................. 35.00 Maximum Dry Density (optimum moisture content) .............................................................................................................. 294.00 Maximum Density Checkpoint ........................................................................................................................................................... 100.00 Sieve Analysis ............................................................................................................................................................................................ 165.00 Hydrometer Analysis.............................................................................................................................................................................. 135.00 Sieve and Hydrometer Analysis ......................................................................................................................................................... 220.00 Percent Passing No. 200 Sieve ............................................................................................................................................................... 85.00 Liquid Limit and Plastic Limit ............................................................................................................................................................ 180.00 Liquid Limit – Non-Plastic (1pt) ........................................................................................................................................................ 100.00 Sand Equivalent ........................................................................................................................................................................................ 125.00 Expansion Index ....................................................................................................................................................................................... 155.00 Direct Shear (shear rate of 0.05 in./min.) ..................................................................................................................................... 345.00 Direct Shear (shear rate of lower than 0.05 in./min.) .............................................................................................................. 415.00 Single Point Shear .................................................................................................................................................................................... 135.00 Unconsolidated Undrained Triaxial Shear .................................................................................................................................... 205.00 Consolidation (w/o time rate) ........................................................................................................................................................... 235.00 w/time rate, add (per increment) ............................................................................................................................................. 55.00 w/extra load, add (per load) ........................................................................................................................................................ 50.00 Collapse Test (ASTM D4546-B) ......................................................................................................................................................... 125.00 R-Value (untreated) ................................................................................................................................................................................ 375.00 R-Value (treated) ..................................................................................................................................................................................... 410.00 Sulfate Content ............................................................................................................................................................................................. 95.00 Chloride Content ......................................................................................................................................................................................... 85.00 Corrosive Suite (minimum resistivity, pH, sulfate and chloride) ........................................................................................ 320.00 Organic Matter Content ........................................................................................................................................................................... 85.00 Caltrans 216 Compaction ..................................................................................................................................................................... 300.00 170
131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com Stipulations
i All professional rates are accrued from portal to portal. i Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the professional billing rate.
i All geologists, engineers, and technicians will be billed at time-and-a-half for overtime. Overtime is defined as more than 8 hours in one day and any time worked on weekends, state holidays or night shifts. Double time will be billed when more than 12 hours are worked in one day or more than 8 hours on weekends, state holidays or night shifts.
i Invoices are rendered monthly, payable upon receipt.
i Proposals are valid for 30 days, unless otherwise stated. i Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, outside reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent. i Prior to initiating our field work, client agrees to provide all information in client’s possession about actual or possible presence of underground utilities and/or hazardous materials on the site.

Client agrees to reimburse LGC Geotechnical for all costs related to unanticipated discovery of utilities and/or hazardous materials.
i Prior to initiating our field work, client agrees to provide all information in client’s possession with regard to restricted entry and/or exploration areas, such as areas of environmental contamination, hazardous soils, sensitive habitat areas, etc. Client agrees to reimburse LGC Geotechnical for all costs related to environmental contamination, hazardous soils, sensitive habitat areas, etc. i Client is responsible for providing safe and legal access to the site at all times. i LGC Geotechnical will not be liable for any loss, damage or liability to persons or property arising out of performance of our service that is not covered and paid for by our insurance. For any other loss, damage or liability which is not covered by insurance, our liability will be limited to the lessor of either $10,000 or the total amount paid by client to LGC Geotechnical on the project in question. i These rates are based on standard insurance coverage. If higher insurance limits are required client should discuss these limits, and the associated cost, with LGC Geotechnical prior to the initiation of our services.
i LGC Geotechnical’s services will be performed in accordance with generally accepted standards of care and diligence normally practiced by geotechnical consulting firms performing services of a similar nature in Southern California. No other warranty, either expressed or implied, is included or intended in LGC Geotechnical’s proposals, contracts, reports, etc. i Quoted laboratory test rates assume samples are free of hazardous materials. Handling and testing of samples containing hazardous materials may include additional costs. 171
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ATTACHMENT F -

DUDEK PROPOSAL
172
1 P#220740
9/16/2022
ƵĚĞŬŽĂƐƚĂůdĞĂŵ
Dudek coastal planners include former California Coastal Commission (CCC) staff analysts that reside in the City of San Clemente and are intimately familiar with the San Clemente Railroad Corridor Pedestrian Beach Trail. Because of their CCC experience, they have in-depth understanding of all aspects of California coastal laws, regulations, procedures, and policy interpretation, including the most recent CCC Sea Level Rise Policy Guidance. These coastal planners have the ability to anticipate key coastal resource issues and leverage their positive working relationships with local CCC staff to facilitate coordination and issue resolution, thereby streamlining the CCC review process for the proposed project. ^ĐŽƉĞ
dĂƐŬϭ͗ŽŽƌĚŝŶĂƚŝŽŶ
Coordination with CCC staff is an important component to gain support for the project and identify opportunities to streamline coastal development permit (CDP) processing requirements. Our positive working relationship with CCC staff will serve to advance communication, information exchange, and review of required CCC approvals.

The City of San Clemente’s Land Use Plan (LUP) was certified in 2018, but the Implementation Plan has not yet been approved by CCC. Therefore, CCC retains permitting authority in the City and the standard of review for projects is Chapter 3 of the California Coastal Act (CCA), with the certified LUP used as guidance. The original CDP for the San Clemente Railroad Corridor Pedestrian Beach Trail (Trail) was approved by CCC in 2004 (CDP No. 5-03-322). Since that time there have been several amendments to the CDP (CDP No. 5-03-322-A1, -A2, -A3, -A4).

Utilized by both residents and visitors, the Trail is a popular public recreational amenity and serves as an important component of the California Coastal Trail. The subject portion of the Trail, the bridge or elevated walkway in the northern stretch near Mariposa Point, provides a critical connection between the North Beach area and the central and southern areas, including the Pier. Without the bridge, lateral public access is limited, if not impossible, at times of higher tides and detouring through the blufftop neighborhoods is a deterrent because it requires traveling further inland and up a series of steep steps as well as navigating neighborhoods with complex street patterns.

While providing an important public access facility, the bridge travels through a highly constrained portion of the coastline. The bridge is located within the Orange County Transportation Authority (OCTA) right-ofway with steep bluffs immediately to the east and railroad tracks, a rock revetment and the ocean to the west. In addition, the bridge spans sensitive wetland areas at Mariposa Point. This landscape makes construction access to the site a challenge and will be an important consideration for this project.

Depending on the location and the extent of the proposed repair and/or replacement of the bridge, the project will likely require an amendment to CDP No. 5-03-322 from CCC. Based on our understanding of the project, we envision two potential permitting options:

1. CDP Amendment: If the proposed work requires non-exempt changes to the project as it was originally approved by CCC, or if the proposed work requires changes to the special conditions approved by CCC, then it would require a CDP amendment to CDP No.5-03-322. Per Section 13166 of the CCA Implementing Regulations, there are two types of CDP amendments:
173
2 P#220740
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a. Material CDP Amendment: For development that has the potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline, as determined by the CCC Executive Director. Material amendments are presented to the Commission as part of the Consent or Regular Calendar at monthly hearings.
b. Immaterial CDP Amendment: For development that has no potential for adverse impacts, either individually or cumulatively, on coastal resources or public access to and along the shoreline, as determined by the CCC Executive Director. Immaterial amendments must be reported to the Commission as part of the South Coast District Deputy Director’s Report at monthly hearings. If three or more Commissioners object to the determination of immateriality, the project will be reviewed as a material amendment.

Based on this understanding of the key coastal issues and processing regulations, Dudek coastal planners will coordinate with CCC staff to streamline the project review process. Dudek coastal planners will prepare for and attend two (2) meetings with the City and CCC staff to discuss the proposed project, alternatives analysis, project’s consistency with applicable CCA/LUP policies and the conditions of the original CDP to identify potential issues (Task 2), impact determinations, and any mitigation. This coordination prior to preparation and submittal of the formal CDP application package will streamline the CCC CDP process (Task 3).
dĂƐŬϭĞůŝǀĞƌĂďůĞƐ
• Preparation of meeting agenda, presentation, and written materials for two (2) meetings with CCC staff and attendance at meetings (either in-person or virtually due to COVID-19). • Meeting minutes from CCC meetings.
dĂƐŬϭ&ĞĞ͗ $9,000
dĂƐŬϮ͗ůƚĞƌŶĂƚŝǀĞƐŶĂůLJƐŝƐ^ƵƉƉŽƌƚΘĂůŝĨŽƌŶŝĂŽĂƐƚĂůĐƚŽŶƐŝƐƚĞŶĐLJ Dudek will work closely with the technical consultants preparing the Alternatives Analysis and provide advice and recommendations regarding CCA/LUP consistency throughout the project. Dudek coastal planners will prepare a CCA/LUP consistency analysis for the proposed project alternatives. Dudek will also review each of the alternatives for consistency with the conditions of the original CDP that governs the Trail. This consistency analysis will inform CCC coordination (Task 2) and help City staff and the Project Team determine the preferred project alternative. This consistency analysis will also be provided to CCC as part of the CDP application and will help to streamline CCC staff’s review process.

In addition, Dudek coastal planners will leverage their extensive working knowledge of CDP processing procedures to prepare an assessment of the required permitting pathways for each of the alternatives (e.g.

CDP Amendment (Immaterial or Material)). As appropriate, based on CCC staff feedback obtained in Task 1, Dudek coastal planners will assist the City and project team to make project modifications to demonstrate the project’s consistency with coastal resource protection policies.

Together, the consistency analysis and the permitting pathways evaluation will help the City to determine which project alternative meets the goals of the project, is consistent with CCA requirements, and utilizes the most efficient process.

(COMPLETED)
(REQUIRED)
174
3 P#220740
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dĂƐŬϮĞůŝǀĞƌĂďůĞƐ
• Guidance and advisement for technical consultants through preparation of the Alternatives Analysis, including discussions with the professional engineers developing the project alternatives
• Detailed CCA/LUP policy and CDP conditions consistency analysis of proposed project alternatives • Evaluation of potential CCC processing pathway for proposed project alternatives • Attendance and support for technical consultants with presentation of the Alternatives Analysis at one (1) City Council meeting
dĂƐŬϮ&ĞĞ͗ $21,000
dĂƐŬϯ͗WŵĞŶĚŵĞŶƚ
Dudek will assemble the CDP amendment application package, including completing the CCC CDP amendment application form, compiling all required attachments, and preparing a submittal letter that summarizes environmental information and technical studies to demonstrate compliance with applicable policies and includes the LUP/CCA consistency analysis.

Following CCC staff’s first 30-day review of the application submittal, Dudek coastal planners will review any requests for additional project information and provide recommendations to deem the application complete and prepare for decision-maker hearing. Because the project is located in a constrained site with sensitive coastal resources and important public access facilities, this scope assumes two 30-day CCC incomplete letter/review cycles to thoroughly address potential impacts to coastal resources.

After the CDP application is formally filed, Dudek will coordinate with CCC staff during development of the staff recommendation. Prior to the public CCC hearing on the CDP application, Dudek will review the final CCC staff report/recommendation and discuss the findings with the City. As needed, Dudek will support the City in preparing a presentation to address the staff recommendation and any specific special conditions. In addition, Dudek will attend the CCC hearing and be available to answer questions that come up during the hearing.

Assuming that CCC approves the CDP and the City is supportive of the approved conditions and wants to seek release of the permit, Dudek will help the City compile all of the materials needed to satisfy the special conditions of the permit. Dudek will coordinate with CCC staff, as necessary, to oversee issuance of the permit.

Given the level of uncertainty that exists in matters involving the CCC, including unanticipated data needs and technical study following review of application materials and the level of support required at the public hearing, additional work authorization may be required and would be subject to separate scope and fees.
dĂƐŬϯĞůŝǀĞƌĂďůĞƐ
• Preparation of a CDP amendment application package;
• Preparation of two (2) responses to CCC incomplete letters; (COMPLETED)
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4 P#220740
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• Review of CCC staff report, including conditions of approval and findings; • Preparation for and attendance of CCC hearing to support City’s presentation, if necessary; and • Compilation of condition compliance materials.
dĂƐŬϯĂ&ĞĞ͗ $33,750
dŽƚĂůŽĂƐƚĂů&ĞĞ͗ $63,750
(REQUIRED)
Total Coastal Fee for Task 1 & Task 3: $42,750
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: E.

Subject:

CODE AMENDMENT - GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, COASTAL LAND USE PLAN AMENDMENT, AND ZONING AMENDMENT; WEST PICO CORRIDOR SPECIFIC

PLAN UPDATE AND ARCHITECTURAL OVERLAY EXPANSION (SECOND READING) CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/24/2022
powered by Legistar™177

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM
NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT, AND APPROVING ZONING AMENDMENT 21-
240; TO ACHIEVE CONSISTENCY BETWEEN THE

GENERAL PLAN, LOCAL COASTAL PROGRAM, AND

WEST PICO CORRIDOR SPECIFIC PLAN, AND AMEND

THE ZONING MAP TO EXPAND THE WEST PICO

CORRIDOR SPECIFIC PLAN AREA AND THE

ARCHITECTURAL OVERLAY DISTRICT BETWEEN THE

DOWNTOWN AND PIER BOWL AREAS
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”);
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
178

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
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 Ordinance 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 179

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 Ordinance, limited to the adoption of ZA 21-240, and exhibits attached thereto, and heard other interested parties. Separate from this Ordinance, the City Council considered and acted upon General Plan Amendment 21-238, SPA 21-239, and LUPA 21-241 by Resolution on October 18, 2022.

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

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 Ordinance.
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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
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:
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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. Zoning Amendment Findings.

With respect to ZA 21-240, the City Council finds the following for amendments to the Zoning Ordinance, as set forth in Section 6 and 7 herein:

A. The proposed amendments are consistent with the General Plan pursuant to Government Code Section 65860(c), since they directly implement the Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter); and
B. The zoning amendments adopting the use provisions and development criteria as proposed will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, 182

transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the City Council’s review, direction, and independent judgement 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 6. San Clemente Municipal Code Section 17.56.020, Architectural Overlay District, is hereby amended in its entirety as follows:

17.56.020 Architectural (-A) Overlay District.

A. Purpose and Intent. The purpose and intent of the Architectural ["-A"] Overlay designation is to signify a visually distinct district in San Clemente, containing structures characterized by two significant design orientations: 1) the City's traditional architectural style, Spanish Colonial Revival, and 2) a pedestrian orientation. The goals for areas with this designation are as follows to:

1. Maintain and enhance the unique "Spanish-Village-by-the-Sea" character of specific areas of the City;

2. Maintain a high quality of design consistent with the City's history, according to the General Plan Urban Design Element and City's Design Guidelines;

3. Require new development and major remodels have Spanish Colonial Revival architecture, except as described in Subsection E (Architectural Review Criteria) below.

4. When Spanish Colonial Revival architecture is required, the goal of the [-A] Overlay is to require site and structural development that exemplifies the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture. If this section requires architecture other than Spanish Colonial Revival, the goal of the [-A] Overlay is to require site and structural development; that is consistent with the City's Design Guidelines and in character with the architectural style required by the [-A] Overlay.

5. Provide for the development of commercial and mixed-use (integrating commercial with residential) districts characterized by a high level of pedestrian activity;

6. Require that structures be sited and designed to enhance pedestrian activity along sidewalks.

B. Applicability. The provisions in this section apply to development within the -A Overlay.

C. Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -A Overlay are the same uses as those allowed within the underlying 183

base zones. Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D. Development Review. Development in areas with this overlay designation will be subject to architectural review for compliance with the City's Design Guidelines.

See Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits for requirements regarding architectural review.

E. Architectural Review Criteria. The purpose of architectural review shall vary, according to the following criteria. For referenced architectural style areas, refer to Figure UD-2 in the General Plan Urban Design Element for area locations.

1. Required Architecture.
a. Spanish Colonial Revival. Ole Hanson-era Spanish Colonial Revival architecture is required except when subsections b and c apply, below.

When Spanish Colonial Revival architecture is required, site and structural developments are to exemplify the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture;
b. Spanish Colonial Revival or Other Spanish Architecture. i. El Camino Real Neighborhood Commercial Zones. Spanish Colonial Revival architecture or other Spanish architectural styles is required, such as Monterey, Mediterranean, or Mission, etc., on properties in the NC2 and NC3 Zones along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5.

This excludes North El Camino Real properties in the West Pico Corridor Specific Plan.
ii. North El Camino Real in West Pico Corridor Specific Plan. The West Pico Corridor Specific Plan includes several Neighborhood Commercial properties on North El Camino Real with rear frontage to Calle Valle and Los Obreros Lane. New development and major remodels along El Camino Real shall have a true form of Spanish architecture, such as Spanish Colonial Revival, Mission, Monterey, etc. wherever a project equals or exceeds the grade of North El Camino Real. For portions below the grade of North El Camino Real, projects are evaluated according to design guidelines in the West Pico Corridor Specific Plan for the Los Molinos Design District.
c. Distinctive Architecture of Historically Significant Buildings.

Projects shall preserve and reinforce the original architectural design of structures that are designated historic resources, eligible for historic 184

listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles that include but is not limited to Spanish Colonial Revival, Art Deco, Post-Modern, and MidCentury Modern. Project should reinforce the building's original architectural design.
d. Pedestrian-Oriented Design in the [A] and [CB] Overlays. Projects located in [A] and [CB] Overlays shall have a pedestrian-orientation with design elements such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc.

2. New Structures. The architectural character for all new buildings shall reflect a pedestrian orientation, and have Spanish Colonial Revival architecture unless other architecture is required by subsection E above.

New and historic structures are required to comply with all relevant sections of the City's Design Guidelines, as well as the development standards for the underlying zoning designation.

3. Historic Structures. Projects shall preserve and reinforce the original architectural design of significant structures that are designated historic, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles other than Spanish Colonial Revival, such as, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design.

4. Remodeled Structures. Although the ultimate goals for remodeled buildings in the Architectural Overlay are to have the required architectural style per subsection E (Architectural Review Criteria) above. It may not always be practical, with minor changes, to convert a contemporary building into a true form of the required architectural style, consistent with the City's Design Guidelines, or to provide pedestrian-oriented elements. It is not the intent of the Architectural Overlay District to prevent minor building improvements, additions, maintenance, etc., from occurring. The following should be considered when remodeling a building:
a. In reviewing additions to existing buildings which do not have the required architectural style and/or not pedestrian-oriented, the review authority shall determine whether or not it is practical for the existing buildings to be converted to a true form of the architecture required by this section and/or to provide pedestrian-oriented elements. b. In cases where only minor modifications are proposed, the goals shall be the following:
i. To improve the architectural quality of the building, consistent with the architectural style required by this section;
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ii. To include design elements that are in character with the required architectural style, where practical;
iii. To include as many pedestrian-oriented elements, such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc., as is practical.

Minor modifications are changes that leave the existing building essentially intact and are primarily cosmetic (e.g., paint, re-stucco, enlarged windows, small additions).

Minor remodels are required to comply with the standards of the underlying zoning designation, and the general Design Guidelines in the City's Design Guidelines. If the building being remodeled is Spanish Colonial Revival, or if Spanish Colonial Revival elements would complement the building and are practical, then the section of the City's Design Guidelines pertaining to Spanish Colonial Revival architecture should be used to guide minor changes.

When practical, the guidelines for pedestrian districts contained in the City's Design Guidelines should also be used.
c. For all major remodels, projects shall have the required architectural style per subsection E (Architectural Review Criteria) and pedestrian-orientation unless it can be demonstrated that it is impractical to do so. Major remodels are changes that significantly alter a building's design (e.g., additions that significantly change the footprint of the building, the addition of new stories, new roof design, etc.).

Major remodels are required to comply with all relevant sections of the City's Design Guidelines, particularly the section for pedestrian districts, as well as the development standards for underlying zoning designation. If Spanish Colonial Revival architecture is required, major remodels are also required to comply with relevant sections of the City's Design Guidelines for Spanish Colonial Revival architecture.

Section 7. The San Clemente Zoning Map is hereby amended to update Zoning Districts and Zoning Overlay Districts to reflect the expansion of the West Pico Corridor Specific Plan area and expansion of the Architectural Overlay District between the Downtown and Pier Bowl areas, as shown and included as Exhibit A.

Section 8. City Council Adoption of Ordinance.

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 Ordinance, the City Council hereby approves adopts Zoning Amendment 21-240. 186

Section 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.

Section 10. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
187

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of October 18, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted 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
188
Zoning 0DSAmendments EXHIBIT $
Enclosed:
x Amended Zoning Districts Map, page F3.
x Amended Zoning Overlays Map, page G3.
189
190
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: F.

Department: Community Development
Prepared By: Adam Atamian, Deputy Community Development Director Subject:

RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT PROPERTY) AS A POTENTIAL

LOCATION FOR AN EMERGENCY FOOD STORAGE UNIT
Fiscal Impact:

None.

Summary:

On June 28, 2022, the Public Safety Committee (PSC) approved forwarding a recommendation to the City Council to consider providing space at the City’s Water Reclamation Plant located at 380 Avenida Pico for a food storage unit.

Background:

This item was presented at the City Council meeting of September 6, 2022. At that meeting, the Council directed staff to bring this item back for Council consideration after Councilmembers, either individually or in pairs, had an opportunity to meet with representatives of Abound Food Care (AFC).

Council members who were interested met recently with AFC to learn more about the operations of their organization and the food storage-unit program. As result, this item is being brought back for the Council’s consideration.

As part of the PSC’s 2021-2022 Annual Work Plan, the PSC received a special presentation by AFC related to disaster preparedness and planning, specifically methods to make food available for distribution during an emergency. The food-storage units are typically manufactured from shipping containers, measuring 20 ft. by 8 ft. by 8.5 ft.

Discussion:

AFC has worked with other local government agencies and organizations in Orange County to place emergency, food-storage units around the County. The meals inside would be available for distribution to the community in case of a natural disaster or other serious emergency. If no emergency occurs, the meals are distributed to local nonprofits at regular intervals, then new meals are prepared for storage in the unit.

AFC staff indicated to the PSC that they are looking for a location in San Clemente for placement of a food-storage unit. Attachment 1 provides a location map of the proposed area. AFC has grant funding to cover expenses related to the preparation of the food and provision of the food-storage unit, no costs of this program are required to be paid by the City. This consideration relates only to the approval of a location on City property for the potential placement of a food-storage unit at a date CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/27/2022
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Meeting Date: 11/1/2022 Agenda Item: F.
in the future which is currently unknown.

Should Council accept the PSC’s recommendation to allow the use of the City’s Water Reclamation Plant property for the purpose of an emergency, food-storage unit, future applicants, such as AFC, would be required to submit a request to the City for the use of said property. This request may require a lease agreement with the City to ensure the long-term maintenance of the unit and the City’s property. In addition, due to its location in the Coastal Zone, prior to the placement of a foodstorage unit within the proposed area, applicants would be required to apply for, and receive, approval of the project from the California Coastal Commission.

Plan and Policy Consistency:

The Centennial General Plan’s Safety Element includes the Goal to, “[continue] to be a safe, disaster -resilient community that is prepared through effective community outreach, proactive monitoring, and efficient emergency services, response, recovery and mitigation.” This goal is achieved through implementation of Policy S-7.04, Interdepartmental and Interagency Collaboration, which states, “We collaborate among City departments and with organizations outside of the City for a comprehensive approach to emergency services and disaster preparedness, response and recovery, including continuity of operations (e.g. information technology and financial services).” Environmental Review (CEQA):

The Community Development Department completed an environmental assessment for the proposed project in accordance with the California Environmental Quality Act (CEQA). Staff recommends the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures), 15304 (Class 4: Minor Alterations to Land), and Section 15311 (Class 11:

Accessory Structures).

The Class 3 exemption specifically exempts from further CEQA review, the construction and location of limited numbers of new, small facilities or structures, such as accessory and appurtenant structures. The Class 4 exemption specifically exempts minor alterations in the condition of land, water, and/or vegetation that do not involve the removal of healthy, mature, scenic trees. The Class 11 exemption specifically exempts the construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, such as mobile food units.

Here, the project involves the placement of a non-permanent, food-storage unit, potentially involving minimal grading to create a level pad, accessory to the existing use of the proposed property location.

Furthermore, none of the exceptions to the use of the Class 3, 4 and 11 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment. There are no sensitive resources, such as endangered species, on the project site or in the vicinity. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources.

Recommended Actions:

Staff Recommendation
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Staff recommends that the City Council approve the Public Safety Committee’s recommendation to allow a portion of the City’s Water Reclamation Plant property to be used for the placement of an emergency food-storage unit.

Attachment:

Location Map.

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Location Map ATTACHMENT 1
Area for Emergency Food-Storage Unit
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: (1)
Department: City Clerk
Prepared By: Laura Campagnolo, Legislative Administrator Subject:

RESIGNATION OF WILLIAM HANRAHAN FROM THE PUBLIC SAFETY COMMITTEE Fiscal Impact:

None.

Summary:

William Hanrahan was interviewed by City Council and appointed to the Public Safety Committee on June 15, 2022. Mr. Hanrahan has since had to resign from his position on the Public Safety Committee.

The Public Safety Committee consists of six members. Five of these members are technical professionals with a Public Safety background. The Public Safety Committee’s major functions include reviewing public safety performance measures and making recommendations to City Council.

On October 3, 2022, Council held a Special Meeting to interview two candidates for an opening on the Public Safety Committee. Council interviewed two qualified candidates, Michael Greenwald and Scotland Roeber to fill one open seat. Scotland Roeber was selected due to his background in fire operations. At that time, Council suggested that Mr. Greenwald serve in an ad-hoc capacity on a neighborhood watch subcommittee.

At this time, Council has the discretion to:

1. Appoint Mr. Greewald to fill the two-year term on the Public Safety Committee,

2. Direct staff to solicit applications to fill the two-year term on the Public Safety Committee, or

3. Leave the position vacant.

Recommended Actions:

Staff Recommendation

1. Appoint Mr. Greewald to fill the two-year term on the Public Safety Committee,

2. Direct staff to solicit applications to fill the two-year term on the Public Safety Committee, OR

3. Leave the position vacant.

Attachment:

None.

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Meeting Date: 11/1/2022 Agenda Item: (1)
Notification:

None.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/1/2022 Agenda Item: A.

Department: Community Development
Prepared By: Jennifer Savage, Assistant to the City Manager Subject:
654 CAMINO DE LOS MARES - MASTER PROJECT (MP) 22-089, GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, TENTATIVE PARCEL MAP (TPM) 22-099, CONDITIONAL USE PERMIT (CUP) 22-100, SITE PLAN PERMIT (SPP) 22-103, ARCHITECTURAL PERMIT (AP) 22-101, AND DEVELOPMENT AGREEMENT - SENIOR

HOUSING AND MEDICAL OFFICE
Fiscal Impact:

None
Summary:

A request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan designation from RMF to CC at 654 Camino de Los Mares. The project includes a Development Agreement and requests for concession/waiver(s) pursuant to State Density Bonus law.

Staff recommends that the City Council consider approving the proposed project by approving and adopting the Addendum to the San Clemente Housing and Safety Elements Update PEIR (State Clearinghouse No. 2021020256) that was adopted by the City Council on October 5, 2021 (“2021 EIR”) pursuant to the California Environmental Quality Act (“CEQA”); adopting a resolution approving GPA22-097, ZA22-098, TPM22-099, CUP22-100, SPP22-103, and AP22-101; and introducing an ordinance approving GPA22-099, ZA22-098, and the Development Agreement.

Background:

This Background section provides information about the existing site, the proposed project, and previous review by the Design Review Subcommittee (DRSC), Planning Commission and City Council.

Existing Site
The 6.61-acre site is located at 654 Camino de Los Mares. The site is currently zoned Regional Medical Facilities (RMF1). The site is located east of Interstate 5 and west of Camino de Los Mares.

The site currently contains a vacant hospital building and surface parking. There is a shopping center to the north and an assisted living facility to the south. A commercial center and medical offices are located across Camino de Los Mares to the east.

The site is located in the Camino de Los Mares Focus Area and the Automobile-Oriented Commercial CITY OF SAN CLEMENTE Page 1 of 9 Printed on 10/27/2022
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The site is located in the Camino de Los Mares Focus Area and the Automobile-Oriented Commercial District of the City’s Design Guidelines.

Proposed Project
The project consists of the demolition of the existing vacant hospital and surface parking, and the construction of two residential buildings and one medical office building. The project includes subdividing the existing single lot into two parcels - one will contain the residential buildings; the other will contain the medical office building. Project plans are provided as Attachment 12. See the Applicant’s project narrative for additional information (Attachment 4).

The residential buildings are three and four stories, and are designed with a Spanish architectural style. The medical office building is two stories and is designed with a Spanish architectural style.

The project will retain two of the three existing driveways. The west driveway will remain signalized; the east entry will remain signalized. Parking will be provided on the project site and a portion of the guest spaces required for the residential portion will utilize shared parking with the medical office.

The project includes a development agreement, a General Plan amendment, and a zoning amendment. The applicant’s proposal to change the General Plan designation and zoning to CC4 would allow the proposed senior housing with a Conditional Use Permit.

Design Review Subcommittee
The City's Design Review Subcommittee (DRSC) reviewed the project on May 25, 2022, July 27, 2022, and August 24, 2022 (minutes are available online; see footnotes). At each meeting, the DRSC provided recommendations to improve the project’s consistency with the City’s Design Guidelines. These recommendations related to various aspects of the projects design, most notably the project’s massing, site design, height, and building/roof articulation. Although the project made good progress addressing most of the architectural recommendations, DRSC recognized that the project would not reduce the height or density and forwarded the project to the Planning Commission without a recommendation for approval.

Planning Commission
The Planning Commission held a joint Study Session with City Council on August 31, 2022. The subject project was reviewed by the Planning Commission at their meeting held October 5, 2022,.

The Planning Commission considered the Development Agreement on October 19, 2022.

On October 5, 2022, the Planning Commission recommended denial (4-0, 3 absent) of the entitlement applications with the following comments:
· Provide building step backs consistent with the City’s Design Guidelines · Address the parking
· Consider redesigning the project
· The site is not suitable for the development if an easement for shared parking is required · There is a health and safety concern if people have to walk across the street · If the project is approved, conditions of approval should allow review of parking in the future, and there should be no reserved parking spaces onsite
· There should only be low shrubs in the pedestrian paseo to allow views through the two residential buildings
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· The affordable housing units should be a mix of unit floor plans and sizes · The proposed medical offices should be required to be used as medical office · The project should comply with the City’s Design Guidelines for open space · The term of affordability should be 55 years
· The applicant should identity the mix of floor plans for the affordable units On October 19, 2022, the Planning Commission recommended denial (5-0, 2 absent) of the Development Agreement.

City Council
The Planning Commission held a Joint Study Session with City Council on August 31, 2022.

Discussion:

This Discussion section provides information on architecture, density bonus law, parking, and the development agreement.

Architecture
The site is located in the Camino de Los Mares Focus Area. Pursuant to the General Plan the design of projects in the Camino de Los Mares Focus Area shall have a Spanish architectural design, consistent with the Design Guidelines (Policy LU-7.06).

The project is located in the Automobile-Oriented Commercial District of the City’s Design Guidelines (Figure 1 of the City’s Design Guidelines). The Design Guidelines identify that all new development should build on the tradition of Spanish Colonial Revival architecture. The Guidelines also recognize that contemporary interpretation of Spanish Colonial Revival architecture may be acceptable if the project incorporates basic principles, and that the basic principles may not be appropriate for all locations throughout the city.

The principles identified in the Design Guidelines include:
· Buildings take advantage of topography, climate, and view, with exterior patios, arcades, courtyards, and balconies.
· Plantings define exterior living spaces.
· Building forms are one, two, and three stories.
· Building components are scaled to human size.
· Ornament and sculptural detail, such as entrance and tiled patio areas, are used. · Whitewashed stucco walls are used.

While the Design Review Subcommittee (DRSC) considered the project too large, the DRSC did recognize that the applicant made significant progress towards high quality architecture. (It should be noted that the DRSC’s purview does not include consideration of State-mandated variances in City development standards under State Density Bonus Law and, thus, DRSC did not consider the applicant’s request for a concession of the City’s building-height limit). The project is otherwise consistent with most City design principles because the project:
· Takes advantage of the site’s topography by providing three stories along Camino de Los Mares and stepping down with the slope at the rear of the property to provide a four-story elevation towards the rear. In addition, the project uses exterior patios, courtyards, and CITY OF SAN CLEMENTE Page 3 of 9 Printed on 10/27/2022
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balconies;
· Uses landscaping to define exterior living spaces including the pedestrian paseo, the public sidewalk, and the onsite courtyards;
· Uses design features to create a human scale project along Camino de Los Mares including but not limited to two story patio features, varied window scale and placement, varied wall planes, and sloping roofs;
· Uses tiles and other ornamental details at project entry points; and · Uses whitewashed stucco walls.

Density Bonus
The applicant has requested (Attachments 5 and 6) and qualifies for exceptions to city development standards for the senior housing portion of the project. Approval of these exceptions is required under State Density Bonus Law. The applicant is requesting two types of exceptions:
· Concession, which is:
o “A reduction in site development standards or a modification of zoning code requirements or architectural design requirements … that results in identifiable and actual cost reductions …” (Government Code 65915 (k)(1)); o “Approval of mixed-use zoning in conjunction with housing…”(Government Code 65915 (k)(2));
o “Other regulatory incentives or concessions … that result in identifiable and actual cost reductions to provide … for rents for the targeted units…” (Government Code 65915 (k) (3)).
· Wavier, which is:
o A wavier or reduction “of development standards that will have the effect of physically precluding the construction of a development” with minimum affordable housing percentages identified in State law.

Based on the applicant’s proposed project with 8% of housing units for very low income households, the project qualifies for one concession and the waivers of development standards noted in Table 1 (Attachment 3), with or without construction of the density bonus units. The applicant provided additional explanation of concessions and waivers in Attachments 5 through 8. Table 1 (Attachment 3) identifies the development standard, the proposal, and how preemptive State law requires the approval of these requests.

Considerations for Concessions. State law requires the City to grant the applicant’s requested concession if it meets all requirements of Section 65915 of the Government Code.

The State’s Density Bonus Law requires City approval of development standard concessions depending on the percent of and level of affordability for the proposed affordable units. Specifically, the State law provides that:
· If an applicant for a density bonus provides a minimum percentage of affordable units, the applicant can request specific incentives or concessions. In this case, the project provides 8% very low income household units (20 units) and, therefore, can request one concession. · The applicant must submit a letter requesting a concession for height/number of stories (Attachment 5).
· The applicant explains that the concession is required to provide enough rental income to cover the cost of construction (hard and soft costs) and subsidize the fiscal impact of providing CITY OF SAN CLEMENTE Page 4 of 9 Printed on 10/27/2022
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cover the cost of construction (hard and soft costs) and subsidize the fiscal impact of providing the affordable rental units (Attachment 6).

In accordance with state law, the City must grant the requested concessions unless the City makes a finding based on substantial evidence that:
· The concession does not result in identifiable and actual cost reductions to provide for the affordable housing;
· The concession would create a specific adverse impact to health, safety, the physical environment or historic resources for which there is no feasible mitigation; or · The concession is contrary to federal or state law.

Grounds for denying the requested concessions do not exist because:
· The City has no information to refute the applicant’s assertion that the requested concession doesn’t result in the desired product-cost reductions necessary to effectuate the “writedown” on the very low income units. Denying the concession on this basis would require a study or some other data to refute the developer’s economic assertions. · The City is also lacking evidence at this stage to suggest the concession would create a specific, unmitigable adverse impact. The State Density Bonus Law defines a “specific, adverse impact” as a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” As discussed elsewhere in this report, and identified in the draft resolution (Attachment 1), the project would not create such an impact and complies with standards, policies, and conditions related to public health and safety. The Addendum to the 2021 EIR supports this conclusion. · The request for a concession for height/number of stories is not contrary to State or federal law and, in fact, supports the State’s policies and goals for housing.

Considerations for Waivers. In addition to the concession discussed above, the applicant has requested waivers of development standards under State Density Bonus Law. Pursuant to California Government Code Section 65915, an applicant for a qualifying project like this may also request a waiver or reduction of any development standard that would have the effect of physically precluding the construction of the project at the proposed densities or with the incentives permitted under the statute. In other words, a density bonus applicant may request a waiver of any development standard if that development standard prevents the construction of the project as proposed by the applicant with the affordability component. A request for a development standard waiver does not reduce the number of incentives or concessions to which the applicant is otherwise entitled.

The State’s Density Bonus Law prohibits the city’s application of a development standard that would physically preclude the project from using a concession granted through the Density Bonus Law. For a request for a waiver or waivers, the City would consider whether the applicant submitted a request for waivers; whether applying the development standard (without the waiver) would physically preclude construction of the project with the concession; whether the waiver would result in a specific, adverse impact; and whether the waiver would be contrary to state or federal law. In this case:
· The applicant submitted a request for waivers (Attachment 5). The applicant is requesting waivers of the elevator shaft height; floor area ratio; guest parking; and private open space. · The applicant’s request explains that the concession is required to provide enough rental income to cover the cost of construction (hard and soft costs) and subsidize the fiscal impact CITY OF SAN CLEMENTE Page 5 of 9 Printed on 10/27/2022
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Meeting Date: 11/1/2022 Agenda Item: A.
income to cover the cost of construction (hard and soft costs) and subsidize the fiscal impact of providing the affordable rental units (Attachment 6). · Government Code defines a “specific, adverse impact” as a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” As discussed elsewhere in this report, and identified in the draft resolution (Attachment 1), the project would not create such an impact and complies with standards, policies, and conditions related to public health and safety. · The waivers for elevator shaft height; floor area ratio; guest parking; and private open space are not contrary to state and federal law and, in fact, would support the State’s policies and goals to provide more housing.

The City is not permitted to apply any development standard which physically precludes the construction of the project at its permitted density and with the granted concessions/incentives. The City is bound to accept the developer’s assertions regarding the connection between the project configuration and project affordability objectives unless it can refute them with substantial, specific evidence to the contrary. The City is not required to waive or reduce development standards that would cause a public health or safety problem, cause an environmental problem, harm historical property, or would be contrary to law. As with the proposed concession, to deny these proposed waivers, the City would need to obtain independent proof that the proposed configuration of the project is unnecessary to meet its affordability goals or that it somehow creates public health and safety problems, environmental problems, harms a historical property, or would be otherwise contrary to law to avoid the issuance of the waivers.

Parking
The San Clemente Municipal Code (SCMC) requires one covered parking space per senior unit, plus two parking spaces per manager’s unit and one guest space per five housing units (Table 4, Attachment 3). SCMC requires one parking space for every 200 square feet of medical office. The State Density Bonus Law prohibits the City from requiring a development standard that would physically preclude the construction of the project with the concession to which the project is afforded. The subject project has requested a concession for height and, therefore, may request a waiver of the development standards for parking.

As shown in Table 4, Attachment 3, the project is proposing to provide more parking for the Senior Housing Project than required by the State Density Bonus Law. However, there are fewer parking spaces on the medical office parcel than what is required by the SCMC. The applicant is proposing a shared parking arrangement supported by a Parking Analysis (Attachment 9) and Supplemental Parking Letter (Attachment 10). Based on the Parking Analysis, the project would require:
· For the senior housing parcel, the use of 11 parking spaces on the medical office parcel during the following hours: 6:00 p.m. through 8:00 a.m., Monday through Friday; 11:00 a.m. through 8:00 a.m. (the following day) Saturdays and Sundays; and all day during holidays. · For the medical office parcel, the use of 16 parking spaces on the senior housing parcel during the following hours: 8:00 a.m. through 6:00 p.m. Monday through Friday, and 8:00 a.m. through 11:00 a.m. Saturdays and Sundays.

Development Agreement
The application includes a development agreement (Exhibit A of Attachment 2). SCMC Section

17.16.230 allows pursuant to Government Code Section 65864. Development Agreements reduce CITY OF SAN CLEMENTE Page 6 of 9 Printed on 10/27/2022
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Meeting Date: 11/1/2022 Agenda Item: A.

17.16.230 allows pursuant to Government Code Section 65864. Development Agreements reduce uncertainty and provide assurance to an applicant that a project, if approved, can proceed according to existing regulations, not according to new regulations that adopted after project approval.

When considering a development agreement, the City must find that:
· Provisions of the agreement are consistent with the general plan and any applicable specific plan; and
· That the agreement provides that any tentative map prepared for the subdivision included with the development agreement will comply with Section 66473.7.

Staff recommends that the findings can be made as descried in the draft resolution and ordinance (Attachments 1 and 2):
· The provisions of the agreement are consistent with the general plan and any applicable specific plan.
a. The provisions of the Development Agreement are consistent with the goals and policies of the General Plan, including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de Los Mares focus area.
ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project. iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses. b. The Development Agreement is consistent with the General Plan Housing Element in that the Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.
· The agreement provides that any tentative map will comply with Government Code Section 66473.7 in that the Development Agreement includes provisions that the tentative map will comply with Government Code Section 66473.7.

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Environmental Review
The Planning Division prepared an Addendum (Attachment 11) to the San Clemente Housing and Safety Elements Update PEIR (State Clearinghouse No. 2021020256) that was adopted by the City Council on October 5, 2021 (“2021 EIR”). The Addendum analyzes the environmental effects of the proposed project in light of the 2021 EIR, which analyzed potential environmental impacts associated with the development of a number of housing sites, including housing and office development at 654 Camino de Los Mares. The Addendum has been prepared in accordance with relevant provisions of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines.

According to Section 15164 of the State CEQA Guidelines, an addendum to a previously certified EIR or Negative Declaration is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when none of the conditions described in State CEQA Guideline section 15162 calling for the preparation of a subsequent EIR have occurred. The analysis in the Addendum demonstrates that the proposed addendum involves only minor technical changes to the 2021 EIR, that none of the conditions described in State CEQA Guidelines section 15162 triggering the preparation of a subsequent EIR have occurred, and that the Project would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 EIR. As such, an addendum is the appropriate environmental document under CEQA.

Plan and Policy Consistency:

The project is consistent with the General Plan as provided in the Resolution (Attachment 1) and Ordinance (Attachment 2), and as further detailed in the October 5, 2022 Planning Commission Staff Report.

Council Strategy:

Not applicable.

Recommended Actions:

Staff Recommendation

1. Adopt Resolution No. ____ entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN ADDENDUM TO THE SAN CLEMENTE

HOUSING AND SAFETY ELEMENTS UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098,

AND DEVELOPMENT AGREEMENT FOR A REQUEST TO DEVELOP A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE ONE LOT INTO TWO LOTS; REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES”,

2. Introduce Ordinance No. ___ entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN ADDENDUM TO THE SAN CLEMENTE

HOUSING AND SAFETY ELEMENTS UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT CITY OF SAN CLEMENTE Page 8 of 9 Printed on 10/27/2022
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(ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.” Attachment:

1. Resolution No. ____
Exhibit A - Conditions of Approval

2. Ordinance No. ____
Exhibit A - Development Agreement

3. Density Bonus, Development Standards, and Parking Summary Tables

4. Revised Applicant’s Project Narrative

5. Applicant’s Request for Concession and Waivers Pursuant to Density Bonus Law and Development Standards Matrix

6. Applicant’s Supplemental Request for a Concession and Waivers

7. Applicant’s Letter for Government Code and CEQA

8. Applicant’s Letter for Parking Pursuant to Density Bonus Law

9. Parking Analysis

10. Supplemental Parking Letter

11. Addendum to the San Clemente Housing and Safety Elements Update EIR

12. Project Plans
Notification:

Public notices were distributed and posted per City and State requirements.

CITY OF SAN CLEMENTE Page 9 of 9 Printed on 10/27/2022
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RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA APPROVING AND

ADOPTING AN ADDENDUM TO THE SAN CLEMENTE

HOUSING AND SAFETY ELEMENTS UPDATE PEIR

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, APPROVING MASTER PROJECT (MP) 22-089,
ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL
USE PERMIT (CUP) 22-100, GENERAL PLAN
AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-
103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING
AMENDMENT (ZA) 22-098, DEVELOPMENT AGREEMENT

FOR A REQUEST TO DEVELOP A MIXED-USE PROJECT
WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND
A 7,500 SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE
ONE LOT INTO TWO LOTS; REZONE THE PROPERTY
FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO
COMMUNITY COMMERCIAL 4 (CC4); AND CHANGE THE

GENERAL PLAN DESIGNATION FROM RMF TO CC,
LOCATED AT 654 CAMINO DE LOS MARES
WHEREAS, on March 21, 2022, an application was submitted by Hunsaker & Associates Irvine, Inc., 24451 Health Center Drive, Laguna Hills, CA, for Master Project (MP) 22-089, Architectural Permit (AP) 22-101, Conditional Use Permit (CUP) 22-100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098, and Development Agreement and deemed complete on September 29, 2022; to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan designation from RMF to CC at 654 Camino De Los Mares (collectively, the Project).

WHEREAS, the Planning Division prepared an Addendum to the San Clemente Housing and Safety Elements Update PEIR (State Clearinghouse No. 2021020256) that was adopted by the City Council on October 5, 2021 for the project in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 which allows an addendum to a previously certified EIR or Negative Declaration in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR;
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project on three different occasions for compliance with the General Plan, ATTACHMENT 1
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Zoning Ordinance, and other applicable City regulations, and the DMT recommends approval with conditions contained in Exhibit A;
WHEREAS, on May 25, 2022, July 27, 2022, and August 24, 2022, the City’s Design Review Subcommittee (DRSC) reviewed the project’s architecture and compliance with the Design Guidelines, and forwarded the project to the Planning Commission; and
WHEREAS, on August 31, 2022, the Planning Commission and City Council of the City of San Clemente held a study session on the subject applications, and information presented by the applicant, City staff, and other interested parties.

WHEREAS, on October 5 and October 19, 2022, the Planning Commission of the City of San Clemente held duly noticed public hearings on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

WHEREAS, on November 1, 2022, the City Council of the City of San Clemente held a duly noticed public hearing on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

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. CEQA Findings.

Based upon its review and consideration of the entire record, including the Staff Report, the Program Environmental Impact Report (EIR) for the Housing and Safety Elements Update (State Clearinghouse No. 2021020256, adopted by the City Council on October 5, 2021, hereafter referred to as “2021 EIR”), the Addendum to the 2021 EIR (“Addendum”), any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that an addendum is the appropriate environmental document under the California Environmental Quality Act (CEQA) and State CEQA Guidelines Section 15164. The Addendum to the 2021 EIR was prepared by the City of San Clemente Community Development Department to evaluate whether development of senior housing and medical office at 645 Camino de los Mares would result in any new significant impacts or increased severity of impacts beyond those identified in the 2021 EIR. As Lead Agency under CEQA, and based on the findings contained in the Addendum, the City has determined that the project would not 208
Resolution No. ____ Page 3
have any new or more severe impacts that were not previously identified in the 2021 EIR, and that none of the conditions described in State CEQA Guidelines section 15162 have occurred. The City also finds that the Addendum reflects the City’s independent judgment.

Under CEQA Guidelines Section 15164 of the State CEQA Guidelines, an Addendum to a previously certified EIR or Negative Declaration is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR. The analysis contained in the Addendum demonstrates that the proposed Addendum involves only minor technical changes to the 2021 EIR and the Project would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 EIR. As such, an addendum is the appropriate environmental document under CEQA, and the City Council hereby approves and adopts the Addendum to the 2021 EIR.

Section 3. General Plan Amendment Findings
With respect to General Plan Amendment (GPA) 22-097, the City Council finds as follows:

A. The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

1. GPA 22-097 would amend the Land Use map (Figure LU-1A), changing the General Plan Land Use designation from Regional Medical Facilities to Community Commercial for the site located at 654 Camino de los Mares.

2. The amendment would be internally consistent with the following Goal and Policies of the Camino de los Mares Focus Area in that the project would enhance a community hub, collaborates with health care providers based on changing needs, maintains landscaped edges, and provides a Spanish architectural design. i. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities.
ii. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents.
iii. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area.
iv. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines. 209
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3. The amendment is consistent with the General Plan Housing Element in that the Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The proposed amendment will not adversely affect the public health, safety, and welfare.

1. The proposed amendment would create a land use designation consistent with the Community Commercial land use designation adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 4. Zoning Amendment Findings
With respect to Zoning Amendment (ZA) 22-098, the City Council finds as follows:

A. The proposed amendment is consistent with the General Plan.

1. The Zoning Amendment would be consistent with the General Plan including but not limited to the following goals and policies:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use 210
Resolution No. ____ Page 5
project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.
v. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents in that the project would support the needs of the health care property owner and add medical offices to help meet the needs of residents.
vi. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area in that the project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and seating area at the pedestrian paseo entry.
vii. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines in that the project’s senior housing buildings and medical office building would provide Spanish architectural style.

B. The proposed amendment will not adversely affect the public health, safety and welfare.

1. The proposed amendment would be the same Community Commercial zoning as that zoning for the properties adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 5. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 220-99, the City Council finds as follows:
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Resolution No. ____ Page 6
A. The site is physically suitable for the type of development.

1. The 6.6-acre site complies with development standards and concessions and waivers granted the State’s Density Bonus law. The site provides 6.16 acres for the senior housing component of the project and 0.47 acres for the medical office project. Both the senior housing building and the medical office building comply with setbacks, lot coverage, lot size, and lot width required by the Community Commercial General Plan and zoning designation. The senior housing component of the project complies with the height concession under the State Density Bonus, and the waivers of development standards for elevator shaft height, floor area ratio, guest parking, and open space requirements under the State Density Bonus. The medical office component complies with the floor area ratio and height permitted by the Community Commercial General Plan and zoning designation.

2. As shown in the development plans, background reports, and environmental review, the site can accommodate the senior housing and medical office project including, but not limited to, provide pedestrian connectivity to nearby food, commercial, and medical services; connection to bus transportation along Camino de los Mares; and tenant and emergency vehicle access in and around the proposed buildings.

B. The site is physically suitable for the proposed density of the development.

1. The site is 6.6 acres and the project proposes senior housing on 6.16 acres.

Community Commercial allows senior housing projects at 45 dwelling units per acre, resulting in up to 277 senior units. The project includes 5% of very low income household units which, pursuant to the State’s Density Bonus law, would allow 20% additional density, or 56 additional units, for a total of 333 units. The proposed 250 units is less than the 333-unit density allowed.

2. As shown in the development plans, background reports, and environmental review, the site can accommodate the senior housing and medical office project including, but not limited to, provide pedestrian connectivity to nearby food, commercial, and medical services; connection to bus transportation along Camino de los Mares; and tenant and emergency vehicle access in and around the proposed buildings.

C. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

1. An Addendum was prepared for the proposed project and concluded that impacts to the fish and wildlife would be less than significant. Mitigation measures for noise, air quality, and other environmental factors are required as part of the General Plan and Addendum, and would reduce potential environmental impacts as a result of the project.
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D. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

1. An Addendum was prepared for the proposed project and concluded that potential health impacts would be reduced to less than significant levels with the mitigation measures required as part of the project approval.

2. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

E. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan.

1. The subdivision is consistent with the General Plan in that the Community Commercial zoning, which allows senior housing and medical offices, is consistent with adjacent uses, and the project is consistent with the policies for the Camino de los Mares Focus Area and the Urban Design Element.

2. The subdivision is consistent with the goals and policies of the General Plan including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding 213
Resolution No. ____ Page 8
communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.

F. If there is an easement, either of the following findings shall be made: (a) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. (b) Alternate easements for access or for use will be provided, substantially equivalent to ones previously acquired by the public, that are easements of record or easements established by judgment of a court of competent jurisdiction.

1. The design of the subdivision will not conflict with easements in that easements for the required sidewalk width and traffic signal facilities will be provided from the applicant to the City prior to recordation of the final map.

Section 6. Conditional Use Permit Findings
With respect to Conditional Use Permit (CUP) 22-100, the City Council finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan, and the purpose and intent of the zone in which the use is being proposed, in that:

1. The General Plan and Zoning designations of Community Commercial allow senior housing projects with a Conditional Use Permit, and allow medical offices. The Land Use Element describes Community Commercial as more intense development of local serving retail commercial; personal service; professional office; medical offices, congregate care, and related uses; lodging; cultural uses and eating and drinking uses. The Housing Element identifies the site as a potential housing opportunity, a senior assisted living facility is located adjacent to the southeast, and senior housing is permitted with a Conditional Use Permit on the adjacent Community Commercial zoned parcels.

2. Land Use Element Goal for the Camino de los Mares Focus Area states: “Maintain and improve the Area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities.” The proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.

3. Land Use Policy LU-7.03 states: “Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents.” The project 214
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would support the needs of the health care property owner and add medical offices to help meet the needs of residents.

4. Land Use Policy LU-7.04 states: “Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de Los Mares to signify arrival to the City of San Clemente and the Camino de Los Mares area.” The project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and seating area at the pedestrian paseo entry.

5. Land Use Policy LU-7.06 states: “Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines.” The project’s senior housing buildings and medical office building would provide Spanish architectural style.

B. The site is suitable for the type and intensity of use that is proposed, in that:

1. The 6.6-acre site complies with development standards and concessions and waivers granted the State’s Density Bonus law.

2. The site is 6.6 acres and the project proposes senior housing on 6.16 acres.

Community Commercial allows senior housing projects at 45 dwelling units per acre, resulting in up to 277 senior units. The project includes 5% of very low income household units which, pursuant to the State’s Density Bonus law, would allow 20% additional density, or 56 additional units, for a total of 333 units. The proposed 250 units is less than the 333-unit density allowed.

3. As shown in the development plans, background reports, and environmental review, the site can accommodate the senior housing and medical office project including, but not limited to, provide pedestrian connectivity to nearby food, commercial, and medical services; connection to bus transportation along Camino de los Mares; and tenant and emergency vehicle access in and around the proposed buildings.

C. The proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity, in that:

1. An Addendum was prepared for the proposed project and concluded that potential health impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

2. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This 215
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includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 7. Site Plan Permit Findings
With respect to Site Plan Permit (SPP) 22-103, the City Council finds as follows:

A. The proposed development is permitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all the applicable provisions of this title, the goals, and objectives of the San Clemente General Plan, and the purpose and intent of the zone in which the development is being proposed, in that:

1. The 6.6-acre site complies with development standards and concessions and waivers granted the State’s Density Bonus law. The site provides 6.16 acres for the senior housing component of the project and 0.47 acres for the medical office project. Both the senior housing building and the medical office building comply with setbacks, lot coverage, lot size, and lot width required by the Community Commercial General Plan and zoning designation. The senior housing component of the project complies with the height concession under the State Density Bonus, and the waivers of development standards for elevator shaft height, floor area ratio, guest parking, and open space requirements under the State Density Bonus. The medical office component complies with the floor area ratio and height permitted by the Community Commercial General Plan and zoning designation.

2. The site is 6.6 acres and the project proposes senior housing on 6.16 acres.

Community Commercial allows senior housing projects at 45 dwelling units per acre, resulting in up to 277 senior units. The project includes 5% of very low income household units which, pursuant to the State’s Density Bonus law, would allow 20% additional density, or 56 additional units, for a total of 333 units. The proposed 250 units is less than the 333-unit density allowed.

3. The medical office building is proposed on 0.47 acres and meets the development standards of the zone. In addition, the medical office building scale and architecture matches the scale and architecture of adjacent and surrounding buildings.

4. The project complies with the goals and policies of the General Plan including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing 216
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neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.

5. Growth Management Element Policy GM-3.01 states: “New in-City development shall pay its share of the costs of public facilities and services needed to serve the new residents, unless the community chooses to help pay the costs for a certain development to obtain community-wide benefits.” The project is subject to the Public Safety Mitigation Fee and payment to the Public Facilities Construction Fund and therefore consistent with GM-3.01 requiring new in-City development to pay it’s share of the cost of public facilities and services. Condition of Approval

7.17 requires that the business operator handle all back-to bed and back-to-feet issues for all residents and not rely on emergency services.

B. The site is suitable for the type and intensity of development that is proposed, in that:

1. The 6.6-acre site complies with development standards and concessions and waivers granted the State’s Density Bonus law. The site provides 6.16 acres for the senior housing component of the project and 0.47 acres for the medical office project. Both the senior housing building and the medical office building comply with setbacks, lot coverage, lot size, and lot width required by the Community Commercial General Plan and zoning designation. The senior housing component of the project complies with the height concession under the State Density Bonus, and the waivers of development standards for elevator shaft height, floor area ratio, guest parking, and open space requirements under the State Density Bonus. The medical office component complies with the floor area ratio and height permitted by the Community Commercial General Plan and zoning designation.

2. The site is 6.6 acres and the project proposes senior housing on 6.16 acres.

Community Commercial allows senior housing projects at 45 dwelling units per 217
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acre, resulting in up to 277 senior units. The project includes 5% of very low income household units which, pursuant to the State’s Density Bonus law, would allow 20% additional density, or 56 additional units, for a total of 333 units. The proposed 250 units is less than the 333-unit density allowed.

3. The medical office building is proposed on 0.47 acres and meets the development standards of the zone. In addition, the medical office building scale and architecture matches the scale and architecture of adjacent and surrounding buildings.

4. The proposed parcels meet the minimum lot requirements for the CC4 zone.

C. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that:

1. An Addendum was prepared for the proposed project and concluded that potential health impacts would be reduced to less than significant levels with the mitigation measures required as part of the project approval.

2. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

D. The proposed development will not be unsightly or create disharmony with its locale and surroundings.

1. The project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and would locate parking to the rear and side of the medical office building.

2. The project’s medical office building would provide Spanish architectural style, consistent with the Camino de los Mares Focus Area and the City’s Design Guidelines.

E. The project will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design, or location.

1. An Addendum was prepared for the proposed project and concluded that potential physical or visual impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

2. The applicant used visual tools to illustrate potential visual impacts, which shows that the project minimizes visual impacts. The City does not protect private views.

Nevertheless, the applicant created visual simulations from individual private 218
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parcels using view simulation technology, including accounting for existing trees, topography, and buildings that may impede views of the ocean from private property. The view simulations illustrate that even accounting for existing view impediments, ocean views are only partially obstructed, if at all, by the proposed project.

Section 8. Architectural Permit Findings
With respect to Architectural Permit (AP) 22-101, the City Council finds as follows:

A. The architectural treatment of the project complies with the San Clemente General Plan.

1. Consistent with Policy LU-7.04, Entryways and Landscaped Corridors, which states: “We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de Los Mares to signify arrival to the City of San Clemente and the Camino de Los Mares area.” The project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and a seating area at the pedestrian paseo entry.

2. Consistent with Policy LU-7.06, Design Treatment, Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines.” The project’s senior housing buildings and medical office building would provide Spanish architectural style, consistent with the Camino de los Mares Focus Area and the City’s Design Guidelines.

B. The architectural treatment of the project complies with any applicable specific plan and this title in areas including, but not limited to, height, setback, color, etc.

1. The 6.6-acre site complies with development standards and concessions and waivers granted by the State’s Density Bonus law. The project includes 5% of very low income household units which, pursuant to the State’s Density Bonus law, provides one concession in addition to waivers from development standards. The site provides 6.16 acres for the senior housing component of the project and 0.47 acres for the medical office project. Both the senior housing building and the medical office building comply with setbacks, lot coverage, lot size, and lot width required by the Community Commercial General Plan and zoning designation.

The senior housing component of the project complies with the height concession under the State Density Bonus, and the waivers of development standards for elevator shaft height, floor area ratio, guest parking, and open space requirements under the State Density Bonus. The medical office component complies with the floor area ratio and height permitted by the Community Commercial General Plan and zoning designation.
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C. The architectural treatment of the project complies with the architectural guidelines in the City's Design Guidelines in that:

1. The project’s senior housing buildings and medical office building would provide Spanish architectural style, consistent with the City’s Design Guidelines.

D. The general appearance of the proposal is in keeping with the character of the neighborhood in that:

1. The project’s senior housing buildings and medical office building would provide Spanish architectural style, consistent with the City’s Design Guidelines. The senior housing buildings are four stories towards the rear of the site consistent with scale of the four story elevation at the rear of the senior assisted living adjacent to the subject site. The two and three story elevations along Camino de los Mares are consistent with the variety of scale along Camino de los Mares.

E. The proposal is not detrimental to the orderly and harmonious development of the City in that:

1. The project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and a seating area at the pedestrian paseo entry.

2. The project’s senior housing buildings and medical office building would provide Spanish architectural style, consistent with the City’s Design Guidelines.

3. The senior housing buildings are four stories towards the rear of the site consistent with scale of the four story elevation at the rear of the senior assisted living adjacent to the subject site. The two and three story elevations along Camino de los Mares are consistent with the variety of scale along Camino de los Mares.

Section 8. Development Agreement Findings.

With respect to the Development Agreement, the City Council finds as follows:

A. The provisions of the agreement are consistent with the general plan and any applicable specific plan.
a. The provisions of the Development Agreement are consistent with the goals and policies of the General Plan, including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing 220
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neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses. b. The Development Agreement is consistent with the General Plan Housing Element in that the Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The agreement provides that any tentative map will comply with Government Code Section 66473.7 in that the Development Agreement includes provisions that the tentative map will comply with Government Code Section 66473.7.

Section 9. 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.

Section 10. Planning Commission Recommendation.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Master Project (MP) 22-089, Architectural Permit (AP) 22-101, Conditional Use Permit (CUP) 22- 100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098, and Development Agreement for a request to develop a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan designation from RMF to CC, located at 654 Camino De Los Mares, subject to the Conditions of Approval set forth in Exhibit A. 221
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APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
222
Resolution No. ____ Page 17

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

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
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Resolution No. XXX EXHIBIT A

CONDITIONS OF APPROVAL

SENIOR HOUSING AND MEDICAL OFFICE
MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner.

Planning

1.2 The applicant shall defend, indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. Applicant shall pay all costs. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code
Comp
224
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Exhibit A

1.6 AP 22-101, CUP 22-100, GPA 22-097, SPP 22-103, TPM 22-099, and ZA 22-098 shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

Planning

1.7 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

Planning

1.8 CUP 22-100 is limited to the approval of a Senior Housing Project.

Any changes to the approved use shall be subject to review by the City Planner for conformance with the approved CUP.

Planning
**

2.0 PRIOR TO APPROVAL OF A FINAL MAP

2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.

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2.3 A buyer's notification disclosure form shall be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:

Adjacent Commercial Uses
Prima Deshecha Landfill
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Orange County Flood Control Channel
City of San Clemente Wastewater Treatment Plant
Planning
*
Easements

2.8 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, traffic signal loop improvements, slopes and slope maintenance, and landscaping. Unless
approved otherwise by the City Utilities Director, any new utility easements to the City shall be a minimum of 15 feet. (SCMC Section 16.28.030)
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*

2.9 The applicant shall demonstrate to the satisfaction of the City Public 225
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Exhibit A
Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City.

No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
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2.10 The applicant shall submit to the City Engineer, and must obtain approval from the City Attorney’s Office, reciprocal access easements. The recording document shall specifically state the purposes of the easements to be the preservation of access and parking in accordance with City Ordinances and the State Subdivision Map Act. (SCMC Section 17.64)
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Improvement Plans

2.17 The applicant shall submit, and must obtain approval from the City Engineer, water and reclaimed water improvement plans, prepared by a registered civil engineer, which reflect consistency with the City's Water and Reclaimed Water Master Plans and standards.

Said plan shall provide for the following:

A. Indicate a service system which provides, or allows for, independent water metering.

B. All water meters shall be tapped into the public water main and be located in the public ROW.

C. A double detector check shall be installed at the transition from public to private for water systems.

D. All reclaimed service lines shall have meters at the public ROW.
(SCMC Section 16.32.010)
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2.18 The applicant shall submit, and must obtain approval from the City Engineer, wastewater improvement plans specific to the project, prepared by a registered civil engineer, which reflect consistency with the City's Sewer Master Plan and standards. (SCMC Section

16.32.101)
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2.21 The applicant shall submit, and must obtain approvals from the City Engineer and Utilities Director, plans prepared by a registered civil engineer at a scale of 1”=200’ that depict all existing and proposed water services, sewer laterals and mains (including gate valves, pressure reducing stations, reservoirs, lift stations, pressure zones, fire hydrants, manholes, pipe sizes, pipe types and any other related appurtenances).

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Utilities
226
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Exhibit A
(SCMC Section 16.32.202)
Reports

2.31 The applicant shall submit, and must obtain approval from the City Engineer, a hydrology and hydraulic study prepared by a registered civil engineer to determine the sizes and locations of all on-site drainage facilities including modification to off-site downstream facilities in accordance with all applicable City regulations and standards. (SCMC Section 16.12.050)
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Streets

2.34 Except at the locations shown on the Final Map, vehicular and pedestrian access rights shall be irrevocably offered to the City in a manner meeting the approval of the City Engineer. (SCMC Section 16.28.010)
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Project-Specific

2.36 The applicant shall submit, and must obtain approval from the City Engineer, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

A. Sidewalk along the entire frontage, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way is
approximately 8 feet behind the curb face, a sidewalk easement is will be required to be granted to the City. The final map shall include an offer of dedication of the necessary
sidewalk/pedestrian access easement to the satisfaction of the City Engineer. The final map shall depict the location of the required sidewalk easement needed for public pedestrian access over the sidewalk through the drive approach. Both drive approaches will be required to be reconstructed in order to address ADA compliance and replace currently damaged concrete. Actual construction of improvements are required to be completed prior to final of Grading Permits.
(SCMC Section 12.08, 16.28.030)
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**

2.37 The Final Map shall include existing and proposed easements, including but not limited to, storm drainage, sewer, reciprocal access, and cross lot drainage.

Public
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**

2.38 Traffic signal improvements for the intersection may be required to be accepted by the City since it appears this may not have Pubic
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Exhibit A
occurred as per the original Conditions of Approval of CUP 93-70 and Resolution 94-06. Unless approved otherwise by the City Engineer, the applicant shall submit for City Engineer and City Attorney approval a Maintenance Agreement and/or Easement Deed for the existing traffic signal loops and associated improvements located at the existing signal on the southeast portion of the site. Said easement may be included for dedication by the property owner and acceptance by the City on the Final Parcel Map. The applicant shall be responsible for preparation and cost associated with all documents needed. This includes all City staff and/or City Attorney cost for preparation, review, and processing of any necessary documents. During the
reconstruction of the drive approach, traffic signal loops and other improvements may need to be modified to the satisfaction of the City Engineer. All construction and costs associated with replacement or modification of traffic signal improvements shall be the responsibility of the developer/applicant and shall be completed prior to final of Grading Permits.
**

2.39 The applicant shall submit, and must obtain approval from OCFA, a fire master plan (service code PR145).

OCFA
**

3.0 PRIOR TO ISSUANCE OF GRADING PERMITS

3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning

3.2 The City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and
recommendations for further study. (SCMC Chapter 15.36) Public
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3.5 The applicant shall submit, and must obtain approval from the City Engineer, a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36)
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Addressing and Street Names

3.8 The applicant shall submit, and must obtain approval from the City Planner, a plan depicting all street names and addresses for all of the buildings and facilities within the project.

Planning
Financial Security

3.9 The applicant shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer, Public
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Exhibit A
for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Engineer, for the following applicable items: grading improvements; frontage improvements; traffic signal loop improvements; sidewalks; sewer lines; water lines; onsite storm drains; WQMP improvements; and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. (SCMC Chapter 15.36)
*
Noise

3.11 The applicant shall demonstrate to the satisfaction of the City Engineer that the following standards shall be satisfied:

A. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with operating and maintained mufflers.

B. All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).

C. Stockpiling and/or vehicle-storage areas shall be located as far as practicable and out of view from dwellings.

The City of San Clemente Noise Ordinance, limiting the hours of construction to between 7:00 a.m. and 6:00 p.m., shall be enforced. (SCMC Chapter 15.36)
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Improvements

3.10 The applicant shall submit, and must obtain approval from the City Engineer, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

A. Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists.

Since the street right-of-way is approximately 8 feet behind the curb face, a sidewalk easement is anticipated to be required to be granted to the City. Said sidewalk easement shall be dedicated as part of the Final Parcel Map. All median
modifications and other street improvements shall be the responsibility of the applicant/developer.
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public
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*
NPDES

3.13 The applicant shall demonstrate to the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter

13.40)
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Exhibit A

3.14 The applicant shall submit, and must obtain approval from the City Engineer, a project binder containing the following documents:

A. If the project is greater than 1 acre, a Notice of Intent (NOI) for coverage under the General Construction Storm Water Permit must be filed with the State Water Resources Control Board (refer to
https://www.waterboards.ca.gov/water_issues/programs/storm water/construction.html ) and a copy of the NOI, a WDID number and a copy of the Storm Water Pollution Prevention Plan (SWPPP) must be filed with the City;
B. If the site is determined to be a “Priority Project” (as defined by the San Diego Regional Water Quality Control Board
Municipal Separate Storm Sewer Systems Permit – refer to the following web address at
https://www.waterboards.ca.gov/sandiego/water_issues/progr ams/stormwater/), a final Water Quality Management Plan (WQMP) must be recorded with the Orange County
Recorder’s Office and filed with the City; and
C. If a site is determined to be a “Non-Priority Project,” a final Non-Priority Project Checklist must be filed with the City. (SCMC Chapter 15.36)
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Project-Specific

3.18 The property owner shall formally apply for and pay the application fee for an Administrative Encroachment Permit to allow private improvements to be constructed within City easement areas.

Review of the Administrative Encroachment Permit by the City Attorney may be required. The property owner or project applicant shall be responsible for any City Attorney cost associated with review and approval of the Administrative Encroachment Permit.

Once approved by the City Attorney and City Engineer, the Administrative Encroachment Permit shall be recorded on the title of the subject parcel at the Orange County Recorder’s Office. (SCMC Chapter 15.36 and Section 12.20)
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**

3.19 The developer shall provide evidence of consent from any easement holders for development within easement areas. If necessary, reciprocal access and cross lot drainage easements shall be recorded prior to the issuance of any permits.

Public
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**

3.20 The developer shall submit for City Engineer approval a Street Improvement Plan for all street improvements and modifications needed for sidewalk, drive approaches, medians, relocation of utilities, traffic signal loops/improvements, etc. The developer shall be responsible for all costs associated with all necessary street improvements including, but not limited to, the median
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**
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Exhibit A
modifications and associated landscaping. (SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050)

3.21 Unless approved otherwise by the City Engineer, since the proposed buildings are lower than street grade, the developer shall provide a hydrology analysis of street drainage to prove the site is not subject to run-on from street drainage. (SCMC Chapter 15.36) Public
Works
**

3.22 The applicant shall submit, and must obtain approval from OCFA, a fire master plan (service code PR145).

OCFA
**

3.23 Unless approved otherwise by the City Engineer, the project design shall be in compliance with the latest Regional Water Quality Control Board regulations and the City’s MS4 Permit in effect at the time of grading permit issuance. This includes potential updates to the Water Quality Management Plan needing to be updated to meet the latest codes applicable at the time of Grading permit issuance. (SCMC Chapter 15.36)
Public
Works
**

4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS

4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning
Affordable Housing

4.2 The applicant shall submit, and must obtain approval from the Director of Community Development, an Affordable Housing Implementation Plan which includes all of the requirements the SCMC, the City’s Inclusionary Housing Program, and the
Development Agreement for the subject project.

Planning
*
Landscape Plans

4.5 The applicant shall submit, and must obtain approval from the City Planner, a detailed landscape and irrigation plan incorporating drought tolerant plants, for medians, parkways, public trails, fuel modification areas, common areas, and slopes, and other landscaped areas, prepared by a registered landscape architect, and in compliance with all pertinent requirements including, but not limited to WELO requirements and guidelines contained in the City's Master Landscape Plan of Scenic Corridors. (SCMC Section

17.68.020). The applicant shall ensure the landscape screening for parking is shown and detailed on the landscape plans, including the location, species, and size at planting.

Planning
*

4.6 The following standards shall apply for all landscape plans specific to parkways, unless otherwise approved for private residential Public
Works
231
Resolution No. ___ Page 9
Exhibit A
streets:

A. All parkway trees shall maintain the following distances from improvements:
a. 10'0" from water, sewer and storm drain lines.
b. 5'0" from hardscape (curbs, sidewalks, street lights, utility boxes, fire hydrants, P.I.V.s, F.D.C., etc.) except for tree wells.
c. 15'0" from drive approaches.
d. 25'0" from curb return at street intersections.

B. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install
reclaimed water service lines to the meter locations for future connection when reclaimed water is available.

C. Minimum parkway tree size shall be 15-gallon for canopy trees and ten foot (10') brown trunk height (BTH) for palms.

D. Trees shall be planted at thirty-foot intervals in commercial or residential parkway areas, or a minimum of one per residential lot frontage.

E. Residential corner lots shall include a minimum of two trees along the side yard parkway. (SCMC Chapter 17.68)
Planning
Noise

4.7 Prior to the issuance of building permits for each structure or tenant improvement, other than a parking structure, the applicant shall submit, and must obtain approval from the City Planner, a final acoustical report. The report shall demonstrate that the development will be sound attenuated against present and projected noise levels including stationary, roadway, aircraft, helicopter, and railroad noise to meet City interior and exterior noise standards. The report shall be accompanied by a list identifying the sheet(s) of the building plans that include required sound attenuation measures.

Planning

4.8 The applicant shall demonstrate to the satisfaction of the Building Official that the plans include all sound attenuation measures specified in the acoustical report required by Conditions 3.11 and

4.7. Building
Security Plan

4.10 The applicant shall submit, and must obtain approvals from the Code Compliance Manager and the Orange County Sheriff’s Department, two security plans for this project: the first for the Code
Comp
OCSD
232
Resolution No. ___ Page 10
Exhibit A
medical office building and associated parking lot; the second for the senior apartment complex property, including all portions and features of the property. The security plan shall address the following issues: security and management contact information; authority and responsibility of security staff, risk assessment and audit, security features overview and map, security feature testing schedule, overnight parking policies and vehicle violation abatement procedures, emergency medical services and response protocols, emergency law enforcement services and response protocols, daytime and nighttime security monitoring procedures.

Any changes to the security plans are required to be resubmitted and reviewed by the Code Compliance Manager and Orange
County Sheriff’s Department.

*
Shared Parking

4.11 The applicant shall submit to the City Planner, and must obtain approval from the City Attorney’s Office, and the applicant shall have recorded, two shared parking agreements:

1. Between the senior housing parcel and the medical office parcel, for the senior housing’s exclusive use of 11 parking spaces on the medical office parcel during the following hours: 6:00 p.m. through 8:00 a.m., Monday through
Friday; 11:00 a.m. through 8:00 a.m. (the following day) Saturdays and Sundays; all day during holidays; or as
otherwise determined by the City Planner based on the
operational characteristics of the approved use.

2. Between the senior housing parcel and the medical office parcel, for the medical office’s exclusive use of 16 parking spaces on the senior housing parcel during the following hours: 8:00 a.m. through 6:00 p.m. Monday through Friday, and 8:00 a.m. through 11:00 a.m. Saturday and Sundays.

The shared parking agreements shall restrict the use of the land on which the parking is located for the duration of the use for which that parking is provided.

Planning
*
Utilities

4.12 If the project pertains to a Food Service Establishment (FSE), the applicant shall submit, and must obtain approval from the Utilities Director, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency.

Utilities

4.13 The applicant shall submit, and must obtain approval from the City Engineer, plans depicting the installation of an approved doubledetector check backflow assembly on any/all fire lines above Public
Works
233
Resolution No. ___ Page 11
Exhibit A
ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations.

An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350)

4.14 The applicant shall submit, and must obtain approval from the City Engineer, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12” from the bottom of each assembly to ground level. (SCMC Section

13.04.350)
Public
Works
Project-Specific

4.15 The developer shall pay all applicable impact and connection fees.

This may include, but is not limited to: RCFPP, water acreage, sewer connection, drainage, and parks fees.

Public
Works
**

4.16 The applicant shall show trash enclosures that meet the minimum requirements from CR&R. Trash enclosures shall not eliminate parking spaces or landscape areas.

Planning/
Public
Works
**

4.17 Prior to the issuance of Building Permits, the applicant shall submit, and obtain approval from the City Planner, a property management plan for the senior housing project, which shall include all portions and features of the property. The property management plans shall address the following issues: provision of on-site property management, including 24-hour on-call services and the
availability of caretaker(s)/manager(s) living in a manager's unit, resident recruitment, including selection and move-in, and residency policies and procedures, staffing considerations, such as the hiring, training and supervision of leasing staff, guidelines for long-term management, ongoing maintenance protocols, community activities, coordination of the San Clemente Senior Mobility Program on-site, operating details of all site amenities, complaint response protocols, compliance with fair housing laws, and other issues that arise with senior apartment properties and land uses. Any changes to the property management plan is required to be resubmitted and reviewed by the City Planner prior to implementation.

Code
Comp
**

4.18 The applicant shall submit, and must obtain approval from OCFA, architectural plan for Group R-2 and A-3 Occupancies (service codes OR200-PR285).

OCFA
**

4.19 The applicant shall submit, and must obtain approval from OCFA, plans for underground piping for private hydrants and fire sprinkler OCFA
**
234
Resolution No. ___ Page 12
Exhibit A
systems (service codes PR470-PR475).

4.20 Prior to the issuance of Building Permits, the applicant shall submit a Parking Management Plan for approval by the Community Development Department with a detailed program for the operation of the project’s shared parking between the senior apartments parcel uses and medical office parcel uses. The Parking Management Plan shall include information regarding the open designation of both covered and uncovered parking spaces, assignment of parking for senior residents, shared parking spaces for senior apartments and medical office uses, parking signage, parking restrictions and enforcement, Electrical Vehicle (E.V.) spaces, loading areas and required periodic review of the Parking Management Plan with the City of San Clemente’s Community Development Department to ensure the ongoing success of the shared parking program.

Planning
**

5.0 PRIOR TO FINAL INSPECTION
Engineering

5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28) Public
Works

5.4 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street
improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12)
Public
Works
Landscaping

5.5 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.

Planning

5.6 The applicant shall submit, and must obtain approval from the City Planner, a letter from a registered landscape architect confirming that parkway trees have been planted and staked according to the approved landscape plans.

Planning
Lighting

5.7 The applicant shall submit, and must obtain approval from the City Planning 235
Resolution No. ___ Page 13
Exhibit A
Planner, a letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code.

Surveys

5.8 Prior to approval to pour foundations, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.

Planning
Building

5.9 Prior to approval of the framing inspection, the applicant shall submit, and must obtain approvals from the City Planner and Building Official, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.

Planning
Building
Architecture

5.10 All exterior details and materials shall be approved by the Planning Division prior to installation.

Planning
Project-Specific

5.13 Prior to the issuance of Certificate of Occupancy, the Applicant (including any lessee, or other person or entity with the responsibility to manage the subject property, future property owners and managers, and their designees) shall be responsible for installing and maintaining "No Trespassing" signs in compliance with the definition of "Posted Property" in San Clemente Municipal Code Section 9.24.01 O -Definitions, which "means any property at each corner of which, and at each entrance to which, a sign is posted three (3) feet above the normal ground level, and said sign is composed of wood, metal or other equally substantial material, the face of which is not less than one (1) square foot in area, and upon which, in legible letters not less than two (2) inches in height in black against a white background, appear the words "PRIVATE PROPERTY-NO TRESPASS." In addition, the sign may contain such other words as may be desired, indicating that trespassers are subject to prosecution. Where the area of such property exceeds one (1) acre, the notice shall also be posted at intervals of not more than three hundred (300) feet along or near the boundaries thereof. Additionally, these signs shall also cite California Penal Code Section 602. In conjunction with the OCSD Code
Comp
OCSD
**
236
Resolution No. ___ Page 14
Exhibit A
authorization the Applicant may elect to grant authorization OCSD to deal with issues arising from loitering on the subject site. The Applicant shall provide authorization to the OCSD, along with any and all necessary access through any gates or other devices designed to restrict access to the parking lot, to allow the OCSD to immediately respond to complaints, and address violations and related trespassing issues.

5.14 Prior to concealing interior construction, the applicant shall submit, and must obtain approval from OCFA, plans/inspections for fire alarm system (service codes PR500-PR520).

OCFA
**

5.15 Prior to concealing interior construction, the applicant shall submit, and must obtain approval from OCFA, plans/inspections for fire sprinkler system (service codes PR430-PR455).

OCFA
**

5.16 Prior to occupancy, the applicant shall submit, and must obtain approval from OCFA, testing for emergency responder radio system testing (service codes PR928).

Emergency Responder Digital Radio System: An emergency
responder digital radio system shall be provided in this structure.

Refer to CFC 510 and the OCC/OCFA DAS/BDA guidelines
(available at ocfa.org) for requirements. Evidence of compliance with emergency responder digital radio system design and performance criteria shall be provided prior to occupancy. In buildings of 2 or more stories, including subterranean levels, a conduit shall be installed in the center of the building extending from the lowest level to the roof. Access points shall be provided at each level and the roof and as otherwise necessary throughout the structure per OCC/OCFA DAS/BDA guidelines to facilitate installation of the system.

OCFA
**

5.17 Temporary/Final Occupancy Inspections: Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy (temporary or final) requested. Inspections shall be scheduled at least five days in advance by calling OCFA Inspection Scheduling at 714-573-6150.

OCFA
**

5.18 Phased Occupancy: Phased occupancy of this structure shall be permitted only with prior approval from OCFA and the Building Official. Requests for phased occupancy shall be submitted for evaluation by OCFA as an alternate materials and methods proposal (PR910) accompanying the architectural submittal. Such requests shall be made prior to issuance of a building permit only.

OCFA
**
237
Resolution No. ___ Page 15
Exhibit A

5.19 Lumber-drop Inspection: After installation of required fire access roadways and hydrants, the applicant shall receive clearance from the OCFA prior to bringing combustible building materials on-site.

Call OCFA Inspection Scheduling at 714-573-6150 with the Service Request number of the approved fire master plan at least five days in advance to schedule the lumber drop inspection.

OCFA
**

6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY

6.1 All catch basins and/or storm drain inlets shall be stenciled/marked on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN.” All catch basins shall
have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34)
Utilities

6.2 The applicant shall submit, and must obtain approval from the City Engineer, a video, filmed in the presence of a representative of the Public Works Department, of all sewer and drainage improvements. The video shall become the property of the City. (SCMC Chapter 13.30)
Public
Works

6.3 The applicant shall demonstrate to the satisfaction of the City Engineer that all survey monuments damaged or destroyed are restored. “Corner Records” shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor’s Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (SCMC Title 16)
Public
Works

6.4 The applicant shall submit the following items, certified by a Registered Civil Engineer, to the Engineering Division:

A. All construction improvement plans in digitized format (DXF file format).

B. Original mylars of all improvement plans corrected and certified by the engineer of record to be “As Built”.

C. Duplicate mylars of the recorded Final Map.

D. Original mylars of all improvements and utilities at a scale of 1"=40', or at an appropriate scale to be determined by the City Engineer.
(SCMC Chapter 16.16)
Public
Works

6.6 The applicant shall provide a warranty bond in an amount of 25% of the faithful performance bond for each improvement accepted by the City. This warranty bond shall remain in place for one year from the date of acceptance of the improvement. (SCMC Section

16.32.020)
Public
Works
238
Resolution No. ___ Page 16
Exhibit A

6.7 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28)
Utilities

6.9 The applicant shall submit, and must obtain approvals from the City Engineer and City Planner, an agreement which designates responsibility for maintenance and irrigation of parkway trees, shrubs and ground cover within the public right-of-way. The City or designee shall be responsible for maintaining all medians within the public right-of-way, and shall prune and keep disease-free all parkway trees within the public right-of-way. The owner or designee, or the homeowners' association or designee, shall be responsible for watering all parkway trees, shrubs and ground cover within the public right-of-way, and shall trim and otherwise maintain parkway shrubs and ground cover. (Section 12.24 of the SCMC)
Public
Works
Planning

6.10 The applicant shall submit mylar sheets at a scale of 1"=20' or 1"=40', or at an appropriate scale to be determined by the City Engineer, showing “as builts” of grading, trails, and irrigation intended for City Maintenance.

Public
Works

7.0 OPERATIONAL CONDITIONS OF APPROVAL
Project-Specific

7.17 The business operator shall be responsible for resident transportation to doctors’ appointments and other non-emergency services. The business operator shall be responsible to handle all back-to-bed and back-to-feet issues for the development’s residents and not rely on emergency services. Ambulatory services shall only be used in the event of emergencies.

Planning
**

7.18 The project will be subject to any City ordinance adopted to provide for extraordinary cost recovery of emergency services, in excess of the standards set by the City in such ordinance.

Planning
**

7.19 Discharge of washwater and other pollutants is prohibited from entering the storm drain system. The applicant shall prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system.

Code
Comp
WQ
**

7.20 Temporary signage is not a part of this review, nor is any such signage approved or permitted by this permit. All temporary Code
Comp
239
Resolution No. ___ Page 17
Exhibit A
signage shall comply with Zoning Ordinance Table 17.84.030A & Section 17.84.030(H), and any applicable Master Sign Programs.

Any violation of the City’s regulations related to window, banner, or temporary signs shall constitute a violation of SCMC Section

8.52.030(Y). (Citation - Section 17.16.240.D of the SCMC)

**

7.21 In the event noise generated by the use approved by this permit impacts neighboring properties, the tenant must soundproof the facility, or use other best management practices as determined by the City Planner and/or City Building Official, to comply with the City’s noise standards, as described in SCMC Chapter 8.48.

Code
Comp
**

7.22 The use of amplified sound, including the electronically amplified sound of music, human voice, or other sound within a business or other commercial establishment is not permitted except under a Conditional Use Permit granted by the City. Sound amplification devices located outside the primary building are not permitted, unless specifically identified and approved in this permit or subsequent permits approved by the City. (Citation - Section

8.48.080 of the SCMC)
Code
Comp
**
Code Compliance Operational

7.23 The Applicant (including any property owners and managers, and their designees) shall use her/his best judgment and best management practices to ensure commercial and residential activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The property owner/property manager/business owner shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their
designees) hereby understands that noncompliance with
regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, "It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that ... A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval," and any subsequent revision of this section of the code.

Code
Comp
**

7.24 The Senior Housing development shall provide on­site management residing full-time (year-round) on the property in a caretaker/manager's unit within the apartment complex. Two parking spaces shall be provided for manager's units. The caretaker/manager or another responsible manager or security Code
Comp
**
240
Resolution No. ___ Page 18
Exhibit A
staff shall be responsible and available to respond to issues raised by the Orange County Sheriff's Department, Orange County Fire Authority, or City of San Clemente Code Compliance 24-hours a day, 365-days per year.

7.25 The Applicant (including any property owners and managers, and their designees) understands, acknowledges, and shall be responsible for ensuring that the only activities that occur on the subject site are those permitted by this permit and routinely performed, provided, or undertaken by the subject land use as approved subject to these conditions, which are recognized on an industry-wide basis on the date of this permit's approval, or those activities approved through another City, state, or federal permit or license. Services or other activities not typically associated with the specific use authorized by this permit shall require separate review and approval by, but not limited to, the City, and are not allowed until permitted. Examples of activities, functions, or events that would require special permitting (such as a Special Activity Permit) would be those that involve events in the parking lot or otherwise outside of an enclosed structure, weddings, receptions, functions, corporate events, open houses (other than for real estate sale purposes), the short-term and temporary subleasing of the buildings or properties, exhibitions or contests, fairs, sporting events, concerts or entertainment shows, etc. The owner or designee shall be responsible for notifying the Planning Division at least 30 days prior to any special activity or event to verify whether additional permitting is required for the service, event, or activity.

Code
Comp
**
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
241
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA APPROVING AND

ADOPTING AN ADDENDUM TO THE SAN CLEMENTE

HOUSING AND SAFETY ELEMENTS UPDATE PEIR

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, AND APPROVING GENERAL PLAN AMENDMENT
(GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND A

DEVELOPMENT AGREEMENT FOR A MIXED-USE
PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL
UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO
SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE
PROPERTY FROM REGIONAL MEDICAL FACILITIES 1
(RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO

CHANGE THE GENERAL PLAN DESIGNATION FROM RMF
TO CC, LOCATED AT 654 CAMINO DE LOS MARES
WHEREAS, on March 21, 2022, an application was submitted by Hunsaker & Associates Irvine, Inc., 24451 Health Center Drive, Laguna Hills, CA, for Master Project (MP) 22-089, Architectural Permit (AP) 22-101, Conditional Use Permit (CUP) 22-100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098, and Development Agreement and deemed complete on September 29, 2022; to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan designation from RMF to CC at 654 Camino De Los Mares (collectively, the Project).

WHEREAS, the Planning Division prepared an Addendum to the San Clemente Housing and Safety Elements Update PEIR (State Clearinghouse No. 2021020256) that was adopted by the City Council on October 5, 2021 for the project in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 which allows an addendum to a previously certified EIR or Negative Declaration in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR;
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project on three different occasions for compliance with the General Plan, Zoning Ordinance, and other applicable City regulations, and the DMT recommends approval with conditions contained in Exhibit A;
WHEREAS, on May 25, 2022, July 27, 2022, and August 24, 2022, the City’s ATTACHMENT 2
242
Ordinance No. ______ Page 2
Design Review Subcommittee (DRSC) reviewed the project’s architecture and compliance with the Design Guidelines, and forwarded the project to the Planning Commission;
WHEREAS, on August 31, 2022, the Planning Commission and City Council of the City of San Clemente held a study session on the subject applications, and information presented by the applicant, City staff, and other interested parties; WHEREAS, on October 5 and October 19, 2022, the Planning Commission of the City of San Clemente held duly noticed public hearings on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties;
WHEREAS, on November 1, 2022, the City Council of the City of San Clemente held a duly noticed public hearing on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and,
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

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 Ordinance.

Section 2. CEQA Findings.

Based upon its review and consideration of the entire record, including the Staff Report, the Program Environmental Impact Report (EIR) for the Housing and Safety Elements Update (State Clearinghouse No. 2021020256, adopted by the City Council on October 5, 2021, hereafter referred to as “2021 EIR”), the Addendum to the 2021 EIR (“Addendum”), any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that an addendum is the appropriate environmental document under the California Environmental Quality Act (CEQA) and State CEQA Guidelines Section 15164. The Addendum to the 2021 EIR was prepared by the City of San Clemente Community Development Department to evaluate whether development of senior housing and medical office at 645 Camino de los Mares would result in any new significant impacts or increased severity of impacts beyond those identified in the 2021 EIR. As Lead Agency under CEQA, and based on the findings contained in the Addendum, the City has determined that the project would not have any new or more severe impacts that were not previously identified in the 2021 EIR, , and that none of the conditions described in State CEQA Guidelines section 15162 have 243
Ordinance No. ______ Page 3
occurred. The City also finds that the Addendum reflects the City’s independent judgment.

Under CEQA Guidelines Section 15164 of the State CEQA Guidelines, an Addendum to a previously certified EIR or Negative Declaration is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR. The analysis contained in the Addendum demonstrates that the proposed Addendum involves only minor technical changes to the 2021 EIR and the Project would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 EIR. As such, an addendum is the appropriate environmental document under CEQA and the City Council hereby approves and adopts the Addendum to the 2021 EIR.

Section 3. General Plan Amendment Findings
With respect to General Plan Amendment (GPA) 22-097, the City Council finds as follows:

A. The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

1. GPA 22-097 would amend the Land Use map (Figure LU-1A), changing the General Plan Land Use designation from Regional Medical Facilities to Community Commercial for the site located at 654 Camino de los Mares.

2. The amendment would be internally consistent with the following Goal and Policies of the Camino de los Mares Focus Area in that the project would enhance a community hub, collaborates with health care providers based on changing needs, maintains landscaped edges, and provides a Spanish architectural design. i. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities.
ii. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents.
iii. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area.
iv. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines.

3. The amendment is consistent with the General Plan Housing Element in that the 244
Ordinance No. ______ Page 4
Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The proposed amendment will not adversely affect the public health, safety, and welfare.

1. The proposed amendment would create a land use designation consistent with the Community Commercial land use designation adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 4. Zoning Amendment Findings
With respect to Zoning Amendment (ZA) 22-098, the City Council finds as follows:

A. The proposed amendment is consistent with the General Plan.

1. The Zoning Amendment would be consistent with the General Plan including but not limited to the following goals and policies:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides 245
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diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.
v. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents in that the project would support the needs of the health care property owner and add medical offices to help meet the needs of residents.
vi. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area in that the project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and seating area at the pedestrian paseo entry.
vii. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines in that the project’s senior housing buildings and medical office building would provide Spanish architectural style.

B. The proposed amendment will not adversely affect the public health, safety and welfare.

1. The proposed amendment would be the same Community Commercial zoning as that zoning for the properties adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 5. Development Agreement Findings.

With respect to the Development Agreement, the City Council finds as follows:

A. The provisions of the agreement are consistent with the general plan and any applicable specific plan.
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a. The provisions of the Development Agreement are consistent with the goals and policies of the General Plan, including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses. b. The Development Agreement is consistent with the General Plan Housing Element in that the Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The agreement provides that any tentative map will comply with Government Code Section 66473.7 in that the Development Agreement includes provisions that the tentative map will comply with Government Code Section 66473.7.

Section 6. The documents and materials associated with this Ordinance 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.

Section 7. Planning Commission Recommendation. Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Master Project (MP) 22-089, Architectural 247
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Permit (AP) 22-101, Conditional Use Permit (CUP) 22-100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098, and Development Agreement for a request to develop a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan designation from RMF to CC, located at 654 Camino De Los Mares, subject to the Conditions of Approval set forth in Exhibit A.

Section 8. The San Clemente General Plan Land Use Map is hereby amended to update the Zoning Designation for 654 Camino de los Mares (Assessor’s Parcel Number 675-072-19) from Regional Medical Facility (RMF) to Community Commercial (CC).

Section 9. The San Clemente Zoning Map is hereby amended to update the Zoning District for 654 Camino de los Mares (Assessor’s Parcel Number 675-072-19) from Regional Medical Facility (RMF1) to Community Commercial 4 (CC4).

Section 10. City Council Adoption of Ordinance. 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 Ordinance, the City Council hereby approves and adopts General Plan Amendment 22-097, Zoning Amendment 22- 098, and the Development Agreement included as Exhibit A.

Section 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.

Section 12. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED 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 ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of November 1, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted 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
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DEVELOPMENT AGREEMENT
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(ABOVE SPACE FOR RECORDER'S USE ONLY)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF SAN CLEMENTE, A CALIFORNIA MUNICIPAL CORPORATION AND

SADDLEBACK MEMORIAL MEDICAL CENTER, A CALIFORNIA NON-PROFIT

PUBLIC BENEFIT CORPORATION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Exempt From Recorder's Fees Pursuant
to GOVERNMENT CODE § 6103

EXHIBIT A
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT dated for reference purposes only as of , 2022 (“Agreement”), is made and entered into by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”) and SADDLEBACK MEMORIAL MEDICAL CENTER, a California non-profit public benefit corporation (“Owner”).

RECITALS
A. All initially-capitalized words, terms, and phrases used, but not otherwise defined, in the Recitals shall have the meanings assigned to them in Section 1 of this Agreement, unless the context clearly indicates otherwise.

B. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the legislature of the State of California adopted the Development Agreement Act. Pursuant to the Development Agreement Act and the San Clemente Municipal Code, the City is authorized to enter into an agreement with any person having a legal or equitable interest in real property to provide for the development of such property and to vest certain development rights therein. City enters into this Agreement pursuant to the provisions of the Development Agreement Act, the City’s General Plan, the City Municipal Code, and applicable City policies.

C. Owner is the owner of the Property.

D. Property is a 6.63 acre area of real property generally located at 654 Camino de Los Mares in the City of San Clemente, California (the “Property”), which real property is legally described in the Legal Description attached hereto as Attachment No. 1 of this Agreement and by this reference incorporated herein.

E. Owner desires to develop the Project including Private Improvements of commercial, residential, open space and ancillary uses on the Property in the City of San Clemente.

F. On October 5, 2021, the City Council approved amendments to the Housing Element of the City’s General Plan in which the Property was designated as a candidate site for a mixed-income housing project that would materially enhance City compliance with certain affordable and other housing mandates imposed on City by the State of California including, but not limited to, obligations of City to comply with the regional housing needs requirements as set forth in Government Code Section 65584, et seq.

G. Additionally, to develop the Project, Owner has submitted applications to the City for approval of a General Plan Amendment, Zone Change, Vesting Tentative Map, Architectural Permit, Site Plan Permit, a Conditional Use Permit, and this Agreement.

H. The Parties desire to enter into this Agreement in order to vest the development standards, fees, exactions, and applicable regulations governing the proposed uses on the Property.

I. The Parties also desire to enter into this Agreement in order to provide sufficient funding to ensure that adequate and appropriate community facilities and benefits are provided to the City and

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its residents in connection with the development of the Project and that the Project site will be developed in accordance with City’s General Plan and zoning.

J. This Agreement constitutes a current exercise of City’s police powers to provide predictability to Owner in the development approval process by vesting the permitted uses(s), density, intensity of use, and timing and phasing of development in exchange for Owner’s commitment to provide significant public benefits to City. This Agreement allows City to realize these public benefits and meet the needs of the City’s residents and visitors to a greater extent than the land uses permitted under the General Plan.

K. On October 19, 2022, as required by California Government Code Section 65867 and San Clemente Municipal Code Section 17.16.230, the Planning Commission of City held a duly-noticed public hearing on this Agreement. On November 1, 2022, the City Council held a duly-noticed public hearing to consider this Agreement and found and determined that this Agreement:
1) Is within the scope of the CEQA Compliance Documents; 2) Is consistent with the City's General Plan pursuant to Government Coder Section 65867.5(b); 3) Is compatible with the orderly development of the Property and the surrounding area; 4) Will have an overall positive effect on the health, safety, and welfare of the residents of the City by providing 20 very low income housing units (or 8% of 250 units) at the Property; 5) Constitutes a lawful, present exercise of the City's police power and authority under the Development Agreement Act and the Municipal Code; and
6) Is entered into pursuant to and in compliance with the requirements of the Development Agreement Act and the Municipal Code.
7) Will ensure a desirable and functional community environment, provide effective and efficient development of public and community facilities, assure attainment of maximum effective utilization of resources within the City, make a significant contribution toward the availability of very low income housing units in an area where real estate prices and other economic pressure make such housing very difficult to provide, the waiver of the right to settlement agreement payments as set forth in Section 2.1 of the Development Agreement, and provide other significant benefits to the City and its residents; and
8) Strengthens the public planning process, encourages private participation in comprehensive planning, particularly with respect to the implementation of the City’s General Plan, and reduces the economic costs of development and government.

Based on these findings, the City Council finds that the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement.

L. On November 1, 2022, the City Council introduced for first reading of the Enabling Ordinance. On November 15, 2022, the City Council conducted the second reading of the Enabling Ordinance and thereafter adopted the Enabling Ordinance, thereby approving this Agreement.

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M. The City and Owner wish to enter into this Agreement in order to set forth the terms and conditions of the vesting of certain development rights and to effectuate and memorialize the Owner's payment of various City fees and exactions for the Project. By electing to enter into this Agreement, the City shall be bound by the obligations specified herein. The terms and conditions of this Agreement have undergone extensive review by the City's Planning Commission and the City Council and have been found to be fair, just, and reasonable.

N. All of the procedures required by CEQA have been satisfied based on the Environmental Impact Report Addendum (cite Addendum title, date and identifying number, if any) and the completion of certain studies evaluating the environmental impacts of the Project (the “EIR Addendum”). The City has made certain findings and determinations that this Agreement and the Project have been adequately analyzed and are supported by the CEQA Compliance Documents in compliance with all applicable requirements of CEQA.

O. This Agreement and the Project are consistent with the City’s General Plan, Municipal Code, and the applicable Land Use Regulations.

Q. The various exchanges contemplated in this Agreement are in the vital and best interest of the City and the welfare of its residents and are in accordance with the public purposes and provisions of applicable Laws.

The foregoing Recitals constitute a substantive part of and are hereby incorporated into this Agreement.

AGREEMENT

1. Definitions. As used in this Agreement, the following terms shall have the following meanings:

Affordable Unit(s) is defined in Section 2.8.1 of this Agreement.

Affordable Units Complex is defined in Section 2.8.2 of this Agreement.

Agreement means this Development Agreement.

Annual Review is defined in Section 12.1 of this Agreement.

Applicable Land Use Regulations meansthe Land Use Regulations in effect on the date this Agreement is executed by all Parties in accordance with Government Code Section 65866 including, but not limited to, the Entitlements.

Applicable Rules means this Agreement, the Applicable Land Use Regulations, the Development Agreement Act and the Municipal Code+.

Building Codes means standard, uniform codes governing construction then in effect at the time of submittal of the Development plans by Owner in connection with the Project.

Building Permit means the permit issued by the City for the construction of the foundations, footings, subterranean and vertical Private Improvements and required Public

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Improvements for each element of the Project.

Business Day means Monday through Friday, excepting holidays.

CC&Rs is defined in Section 2.9 of this Agreement.

CEQA means the California Environmental Quality Act (Pub. Res. Code § 21000, et seq. and the implementing regulations promulgated thereunder as set forth in Title 14 Cal. Code Regs.

Section 15000, et seq.

CEQA Compliance Documents means the EIR Addendum, as defined in Recital N of this Agreement above as well as the CEQA findings made in connection with the approval of this Agreement. The CEQA findings concluded that: (1) with implementation of the mitigation measures identified in the EIR Addendum, the Project will result in no new significant impacts that were not analyzed in the Program EIR nor would the Project cause a substantial increase in the severity of any previously identified environmental impacts in the Program EIR; (2) the potential impacts associated with the Project would be the same or less than those described in the Program EIR; (3) there are no substantial changes to the circumstances under which the Project will be undertaken that would result in new or more severe significant environmental impacts than previously addressed in the Program EIR; and (4) no new information regarding the potential for new or more severe environmental impacts were identified since the Program EIR was approved.

City means the City of San Clemente, California, a municipal corporation.

City Agency means each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and Planning Commission.

City Council means the City's duly-elected and/or appointed City Council.

City Manager means the City Manager of the City and his or her authorized designees.

Convey and Conveyance means the sale, transfer or assignment, but not the leasing, of any portion of the Property or the sale, transfer or assignment of more than fifty percent (50%), cumulatively, of the ownership interests in Owner; provided, however, that a sale, transfer or assignment of the Property or any portion thereof or of the ownership interests in Owner to any corporation, partnership, limited liability company or other entity controlling, under the control of or in common control with Owner shall not constitute a Conveyance hereunder; provided further, expressly excluded from the definition of Convey and/or Conveyance is (a) any granting by Owner of any easements, access or use rights to any third party for utilities, right of way, reciprocal access or parking rights to adjacent or nearby property owners or occupants or other similar rights reasonably and customarily granted to third parties in connection with similar development projects and due diligence studies and/or inspections by prospective purchasers or tenants; (b) any Dedications or Reservations; (c) any sale, transfers or assignments of the Property or any portion thereof by Owner to any Financier for security purposes or otherwise included within the definitions of Encumber or Encumbrance; and/or (d) any sale, transfer or assignment of the Property to an entity in which Owner and/or Owner's affiliates has a direct or indirect ownership interest.

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County means the County of Orange, California.

Dedication and Dedicate means Owner's grant of real property or an interest therein to the City or another governmental agency or public or private utility for a public purpose.

Default means the failure of a Party to perform any action or covenant required by this Agreement within the time periods provided, if applicable, following notice and opportunity to cure, as set forth in Section 13 of this Agreement.

Development shall have the same definition as in California Government Code Section 65927, as that statute exists on the date the Enabling Ordinance is adopted.

Development Agreement Act means Government Code Section 65864, et seq.

Development Agreement Ordinance means San Clemente Municipal Code Section

17.16.230 which the City adopted for considering, approving and administering development agreements including the Agreement.

Development Exaction means and include Development Impact Fees, Dedications, Reservations, special taxes, general taxes as they pertain to development of the Property (but not including ad valorem property taxes or other taxes that are applicable City-wide), improvements, and any other obligation to pay money, construct facilities, or Dedicate land as a condition of Development of the Project or of obtaining an Entitlement.

Development Impact Fee means any impact fee or exaction or other similar fee or charge (whether collected as a condition of issuance of a demolition, grading, building or certificate of occupancy permit, or otherwise) imposed by the City on and in connection with Development of the Project in accordance with this Agreement. Development Impact Fees do not include (a) Processing Fees and Charges, (b) impact fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities regardless of whether the City is required to collect or assess such fees pursuant to applicable Laws (e.g., school district impact fees pursuant to Gov. Code § 65995) or (c) Fair Share Fees. The Development Impact Fees to be imposed on the Project pursuant to Section 3.3 of this Agreement are set forth in Attachment 2 of this Agreement and by this reference incorporated herein.

Discretionary Action means an action proposed by Owner which requires the exercise of judgment, deliberation and a decision on the part of the City as distinguished from an activity such as the issuance of Ministerial Permits and Approvals, which merely requires the City and/or any City Agency to determine whether there has been compliance with applicable, objective statutes, ordinances and/or regulations.

Effective Date means thirty (30) calendar days after the City Council's final approval of the Enabling Ordinance following the second reading thereof.

Enabling Ordinance means City Ordinance No. by which this Agreement was approved by the City Council and as described in Recital M of this Agreement.

Encumber and Encumbrance means mortgages, deeds of trust, and any other device by which Owner pledges all or any portion of Owner's interest in the Property to secure a loan.

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Entitlements means (a) this Agreement; (b) Master Project (MP) 22-089, (c) General Plan Amendment (GPA) 22-097, (d) Zoning Amendment (ZA) 22-098, (e) Tentative Parcel Map (TPM) 22-099, (f) Conditional Use Permit (CUP) 22- 100, (g) Site Plan Permit (SPP) 22-103, and (h) Architectural Permit (AP) 22-101: together with all other statutes, ordinances, decisions, resolutions, permits, rules, regulations, and official policies of the City that govern permitted uses, density, design, construction standards and specifications, density or intensity of use, height and size of buildings, Reservation or Dedication of land for public purposes, growth management, Development Impact Fees, Fair Share Fees, special taxes and special assessments used to mitigate the impacts of Development of the Project, other conditions, environmental analyses, and/or environmental mitigation, applicable to the Property or prerequisite to the Development and occupancy of the Project in effect on the Effective Date.

Fair Share Fees means the fees described in Section 3.2 and Attachment No. 2 of this Agreement, attached hereto and by this reference incorporated herein.

Financier means any mortgagee, beneficiary, or trustee as to an Encumbrance.

Force Majeure means problems or occurrences beyond the control of the affected Party that delay a Party's performance of its obligations under this Agreement. Examples of Force Majeure include, but are not limited to, floods, earthquakes, adverse weather conditions (with respect to weather sensitive work), pandemics, and other Acts of God; fires; wars; civil commotion, riots, and similar hostilities; strikes, picketing, and other labor difficulties; shortages of materials or supplies; inability of any government agency, including but not limited to the City, to provide adequate levels of public services or facilities to the Property, including, by way of illustration only, a lack of water caused by drought; Laws of other agencies (including, but not limited to, voter initiative or referenda, moratoria, and judicial decisions); and Litigation brought by a third party challenging the validity of this Agreement, an Entitlement or an existing Law.

Hazardous Materials means any substance, material or waste which is or becomes regulated by any Laws, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "acutely hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and SafetyCode, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. (42 U.S.C. § 6903), (x) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (42 U.S.C. § 9601), (xi) Methyl-Tertiary Butyl Ether, or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Laws either requires special handling in its use,

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transportation, generation, collection, storage, handling, treatment or disposal, or is defined as "hazardous" or harmful to the environment.

Hospital Litigation means Owner’s lawsuit disputing the validity of certain City land use regulations on the Property limiting its use to hospital-related uses (USDC, Cen. Dist., Case No. 8116-cv-00852-DOC-JCG). Owner and City subsequently entered into that certain Settlement Agreement dated as of June 18, 2019 which settled the case under which City and Owner have certain obligations (as amended and modified from time to time) (“Settlement Agreement”).

Indemnitees means the City and its elected and appointed officials, employees, volunteers, agents, and representatives.

Indemnitor means, at the time of the accrual of any Liability (as defined in Section 15 of this Agreement) Owner or its successors in interest, whichever owns the Property and/or the Project, upon the date or dates on which such Liability shall have accrued.

Land Use Regulations means all ordinances, resolutions, codes, rules, regulations, official policies of the City adopted by ordinance or resolution governing the development and use of land, including, without limitation, the Development Agreement Ordinance and/or any other ordinance or resolution governing the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property and the design, improvement and construction standards and specifications applicable to the Development of the Project. Land Use Regulations does not include any City ordinance, resolution, code, rule, regulation or official policy governing:
(a) the conduct of businesses, professions, and occupations except subdivisions;
(b) taxes and assessments;
(c) the control and abatement of nuisances; and/or
(d) the exercise of the power of eminent domain.

Law means any official legislative or administrative enactment or decision of a governmental agency or decision or ruling of a court that binds the Parties. The term Laws includes but is not limited to, case law, constitutional provisions, statutes, ordinances, initiatives, resolutions, policies, orders, rules, and regulations. A matter is a Law regardless of whether it was imposed by a legislative body (such as the City Council or State Legislature), an administrative agency (such as the Public Utilities Commission), the electorate (as by initiative or referendum), court (by judgment, order or opinion), or any other official body (such as the Planning Commission), and regardless of whether it is federal, state, or local.

Legal Description means the description of the Property set forth in Attachment No. 1 of this Agreement, attached hereto and by this reference incorporated herein.

Liabilities is defined in Section 15 of this Agreement.

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Litigation means all forms of judicial or quasi-judicial proceedings, including but not limited to complaints (for damages, declaratory relief, or otherwise), arbitrations, judicial references, petitions (for traditional mandate, administrative mandate, or otherwise), and appeals, no matter how denominated.

Material Change in the Project means any change in the Project as described in the Entitlements that the City determines would require preparation of a subsequent or supplemental environmental impact report or mitigated negative declaration in accordance with Sections 15162 and 15163 of Title 14 of the California Code of Regulations, and such subsequent or supplemental environmental impact report or mitigated negative declaration concludes that the impact from such change in the Project would result in a new significant adverse environmental impact or a substantial increase in the severity of previously identified significant impact, and such new impact cannot be mitigated to a less than significant level.

Ministerial Permits and Approvals means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in connection with the implementation of the Entitlements which merely require the City and/or any City Agency to determine whether there has been compliance with applicable, objective provisions of statutes, ordinances and/or regulations, including without limitation, building permits, public works permits, grading permits, encroachment permits and other similar permits and approvals.

The term Ministerial Permits and Approvals shall not include any Discretionary Actions.

Municipal Code means the City's Municipal Code.

Notice means any approval, disapproval, demand, appeal, document or other communication to be delivered to a Party or otherwise pursuant to this Agreement.

Owner means Saddleback Memorial Medical Center, a California non-profit public benefit corporation or its successors in interest in the Property and to this Agreement.

Parties means City and Owner.

Party means City or Owner as the context dictates.

Permits means all grading, building, and other permits required to be obtained by Owner prior to and as a condition precedent to the commencement of construction of the Private Improvements or the Required Public Improvements.

Planning Commission means the City's duly-appointed Planning Commission.

Private Improvements means the mix of commercial, residential, open space and ancillary uses that will be Developed on the Property as depicted on the Site Plan, which may be amended from time to time in accordance with this Agreement.

Processing Fees and Charges means all fees and charges required by the City uniformly in connection with review and approval of Entitlement applications, new construction, including, but not limited to, Project permits, building permit applications, building permits, grading permits, encroachment permits, tract maps, parcel maps, lot line adjustments, air right lots, street vacations,

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certificates of occupancy and other similar permits. Processing Fees and Charges shall not include Development Impact Fees, Fair Share Fees or any exaction or impact fee.

Project means the Development of the Private Improvements and the Required Public Improvements pursuant to this Agreement.

Property means the real property legally described in Attachment No. 1 of this Agreement, attached hereto and by this reference incorporated herein.

Required Public Improvements means and includes all public improvements required as a condition of approval of the Project and/or required by the CEQA Compliance Documents approved for the Project, which are described in Attachment No. 4 of this Agreement, attached hereto and by this reference incorporated herein.

Reservation means the setting aside of land for future public use, without any legal right, title, or interest being conveyed other than the promise to convey an interest upon payment of fair market value for such land.

Reserved Powers means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to the City under Section 5 of this Agreement.

Site Plan means the Site Plan depicted in Attachment No. 3 of this Agreement, attached hereto and by this reference incorporated herein.

Special Review is defined in Section 12.2 of this Agreement.

State means the State of California.

Term is defined in Section 9.2 of this Agreement.

2. Obligations Under the Settlement Agreement and Development of the Property. During the Term, Owner shall have the vested right to develop the Project at the Property as provided for in Section 4.1 of this Agreement and in accordance with the terms, provisions and conditions of this Agreement.

2.1 Waiver of Right to Settlement Agreement Payments. Upon approval of the Entitlements vested in accordance with this Agreement and following the running and expiration of any applicable period of administrative, arbitrative, judicial or electoral action, appeal, suit challenge, referendum, initiative, moratorium, vote, ballot or plebiscite that could be initiated or brought by any person or entity with respect to any of the Entitlements without the initiation, bringing, filing, notice, service, qualification or other commencement of any such action, appeal, suit, challenge, referendum, moratorium, initiative, vote, ballot or plebiscite, each of the foregoing in accordance with applicable Law and so long as none of the Entitlements shall have been revoked or modified without the written consent of Owner, which consent may be withheld in Owner’s sole and absolute discretion, and Ownershall otherwise be entitled to develop the Project in accordance with this Agreement (whether or not any revocation, modification or inability to develop and operate the Property in accordance with this Agreement is caused by the exercise or existence of any of the Reserved Powers), Owner shall be deemed to have waived its right to

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receive any amount from City for costs incurred to maintain and secure the Property and the facilities thereon up to Fifteen Thousand Dollars ($15,000.00) per month, whenever accruing, under Section 2(c)(4) of the Settlement Agreement.

2.2 Uses. Development of the Property shall occur in accordance with the Applicable Land Use Regulations, which uses shall include 250 senior housing units for persons qualifying under Civil Code Section 51.3(b)(1), (2) and (3) for occupancy of a senior citizen housing development (one (1) of which is a manager unit, and twenty (20) of which must be rented to very low income household seniors) and a medical office building.

2.3 Intensity. Permitted density and intensity of use vested hereby shall be the maximum permitted by the Applicable Land Use Regulations, specifically 250 senior residential units (one a manager’s unit, and 20 units for very low income households) on a 6.16 acre parcel resulting in density of 40.6 units per acre, and Building 3 consisting of 7,500 square feet of medical office on a 0.47 acre parcel resulting in 0.36 floor area ratio.

2.4 Size and Design. The maximum height and size of buildings vested hereby shall be as set forth in the Applicable Land Use Regulations, specifically Building 1 consisting of 90,473 square feet of residential with height up to 51’-9” feet (a partial 3- and 4-story, see plans for details) and Building 2 consisting of 141,150 of residential with height up to 49’-5” feet (a partial 3- and 4-story, see plans for details), and Building 3 consisting of 7,500 square feet of medical office with a maximum height of 31’-0”.

2.5 Description of the Development. Development of the Project at the Property shall be in accordance with all Applicable Rules and any and all other documents submitted by Owner and approved by the City as set forth herein; provided, however, nothing contained herein shall be deemed or construed as requiring Owner to construct the Private Improvements, which may be constructed or not in accordance with Owner's complete and absolute discretion. In connection with and as a condition of approval for the Development of the Project, except as provided in Section 3.4 of this Agreement, Owner will be required to construct the Required Public Improvements in connection with the Private Improvements. All construction on the Property shall adhere to the Building Codes in effect at the time a Building Permit is approved for such construction.

This Agreement, the Entitlements and the Development of the Project have been determined to be consistent with the current City’s General Plan, the existing zoning restrictions affecting the Property and all other ordinances, policies and standards of the City in effect as of the Effective Date of this Agreement, along with exceptions permitted in accordance with City regulation and policy, and along with concessions permitted in accordance with State Density Bonus Law, all of which shall govern Development of the Project for the Term. No moratorium, whether adopted by the City or by initiative or referendum, shall apply to the Project for the entire Term.

During the Term, to the extent there is a conflict between this Agreement and any amendments to the City’s General Plan, zoning requirements, other Land Use Regulations or moratoria, whether adopted or imposed by the City or the electorate of the City by initiative or referendum, affecting Development of the Project, this Agreement shall control and supersede all such amendments.

2.6 Issuance of Building Permits. No building permit or certificate of occupancy shall be withheld from Owner if Owner has complied with the requirements of this Agreement. If necessary, the City shall use reasonable, good faith efforts to process in a prompt

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and timely manner any other Entitlements that are necessary for the completion of construction and occupancy of the Project, or any portion thereof.

2.7 Timing of Development. Owner shall obtain all Entitlements at its own cost for approval of the Project. City warrants that the City’s General Plan and Zoning Code permit Development of the Project, and operation, and use of the Project, subject only to (i) those Development approvals yet to be obtained, if any; provided, however, that it is expressly understood by the parties hereto that City makes no representations or warranties with respect to approvals required by any other governmental entity and, except as otherwise provided in this Agreement, City hereby reserves full police power authority over the Project. In order to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), Owner shall have the right, in the exercise of its sole and absolute discretion and subjective business judgment, to develop the Project in accordance with this Agreement at such rates and at such times as Owner deems appropriate.

2.8 Tentative Subdivision Maps. With respect to applications by Owner for approval of tentative subdivision maps for the Property, Owner may file and process vesting tentative maps in accordance with Government Code Section 66498.1, et seq., and the applicable provisions of City's Subdivision Code in effect on the Effective Date.

2.9 Water Supply and Sanitary Sewer Service Infrastructure. The City shall provide sufficient water, if available, and water delivery and sanitary sewer service infrastructure to serve the entire Project. Consistent with Government Code Sections 65864 and 66473.7, proof of the availability of a sufficient water supply shall be requested by the subdivision applicant or local agency, at the discretion of the local agency, and shall be based on written verification from the applicable public water system within 90 days of a request.

2.10 Affordable Housing.

2.10.1 Development of Affordable Housing Units. Owner shall construct or cause to be constructed eight percent (8%) of the residential units developed with the Project (twenty (20) of the residential units) as rental dwelling units affordable to very low income households, as defined Health and Safety Code Section 50105, (“Affordable Unit(s)”), which shall be built within the Property and completed and ready for occupancy (as evidenced by the issuance of certificates of occupancy) according to the phasing plan contained in the Affordable Housing Agreement described below. The unit mix for these Affordable Units shall consist of studios, one bedroom and two bedroom units. Owner shall require any operator or manager of the Affordable Units to screen all tenants for eligibility with the affordable housing income requirements described in this Section 2.8.1 and certify compliance with same to the City and perform annual income recertification of all tenants of the Affordable Units. Following such annual certification, Owner shall advise City of the occupancy of the Affordable Units by delivering a “Certificate of Continuing Program Compliance” in a form to be approved by the City Attorney certifying: (i) the income of each household occupying an Affordable Unit; (ii) the number of Affordable Units in the Project which were occupied or deemed occupied by a individuals or families meeting the above income requirements, separated by each income level, during such period; (iii) the number of months during which each Affordable Unit was occupied; and (iv) any other reasonable requirement imposed by City to assure compliance with the provisions of this Section 2.10.1, as may be further described in the approved covenants required by Section 2.10.2 of this Agreement.

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2.10.2 Affordable Housing Agreement. Prior to issuance of any grading or building permit, whichever comes first, Owner and City shall enter into an affordable housing agreement governing each Affordable Unit or complex of Affordable Units (“Affordable Units Complex”) to (1) include a phasing plan identifying that the market rate units will be issued occupancy approvals concurrent with or after the date on which affordable units are issued occupancy approvals and (2) maintain the mix of affordable units for fifty-five (55) years, (3) to impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and (4) to properly maintain each Affordable Unit. The agreement shall further require the manager and operator of the Affordable Units Complex to maintain such Affordable Units Complex in good condition and repair at all times, provide adequate security, and impose leasing conditions on all tenants to maintain each Affordable Unit and the Affordable Units Complex free of any criminal activity, including but not limited to, drug-related criminal activity, on or near the Affordable Units or Affordable Units Complex. “Drug-related criminal activity” means the illegal manufacture, sale, storage, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). The terms of such agreement requiring each Affordable Unit and the Affordable Units Complex to be free of criminal activity shall further provide that violation of such requirements shall be a material violation of the lease of an Affordable Unit and good cause for immediate termination of the tenancy.

2.11 Master Maintenance Association. In the event the individual residential units within the Project, or any portion thereof, will be offered for sale, prior to recordation of the first final subdivision map for the residential portion of the Project, Owner shall provide draft covenants, conditions and restrictions (“CC&Rs”) for the residential portion of the Project to be offered for sale to the City in a form and substance reasonably acceptable to City’s Community Development Director and City Attorney for approval. The final approved CC&Rs shall be recorded with the Orange County Recorder’s Office. The CC&Rs shall provide that a master homeowners association shall be created and provisions made to adequately fund in perpetually maintenance in good condition and repair all common, park, recreation, parking and open space areas within the Project. The master homeowners association shall have the authority to transfer maintenance obligations to Project component homeowners associations in a form and substance reasonably acceptable to the City’s Community Development Director and City Attorney.

Additionally, prior to recordation of the first final subdivision map for a commercial development within the Project containing more than one commercial unit, Owner shall provide draft CC&Rs to the City in a form and substance reasonably acceptable to the City’s Community Development Director and City Attorney for the perpetual, full and adequate maintenance in good condition and repair all common areas within any such complex of commercial units. The final Community Development Director and City Attorney-approved CC&Rs shall be recorded with the Orange County Recorder’s Office.

2.12 Compliance with Laws. Owner shall carry out the design and construction of the Project in conformity with all Land Use Regulations and applicable Laws to the extent they do not conflict with the Applicable Rules.

2.12.1 Public Works Requirements. To the extent Owner elects to construct the Required Public Improvements and Owner receive Development Impact Fee credit for same pursuant to Section 2.11.2 of this Agreement, Owner shall design and construct the

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Required Public Improvements in conformity with all applicable Laws (including, without limitation, with respect to the Required Public Improvements only, and not the Private Improvements, the requirements under California Law to pay prevailing wages and to hire apprentices and all applicable public bidding requirements) (collectively "Labor Laws"). The City and Owner acknowledge and agree that, due to the provision of reimbursements by the City for the Required Public Improvements, the construction and installation of the Required Public Improvements shall be considered "public works" pursuant to Labor Code Section 1720, et seq.

Owner hereby agrees that, with respect to Owner's construction and installation of the Required Public Improvements, Owner and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, et seq., and shall be responsible for the keeping of all records required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of the City, Owner shall certify to the City that it is in compliance with these requirements.

Nothing herein shall be deemed to make any part of the Project other than the Required Public Improvements a public work.

2.12.2 Reimbursement of City Development Impact Fees. To the extent that Owner constructs a Required Public Improvement for which a Development Impact Fee is otherwise imposed, Owner shall be eligible to receive a fee credit against the Development Impact Fee imposed on the Project for the same type of public facility so constructed.

3. Development Exactions.

3.1 Reservations, Dedications, and Improvements. Reservations and Dedications of land and the provision of Required Public Improvements for public purposes shall be only those required by this Agreement.

3.2 Owner's Obligation to Pay Fees. Upon issuance of each Building Permit for the Private Improvements, Owner shall pay all required Development Impact Fees (subject to the provisions of Section 3.3 of this Agreement), Fair Share Fees (fees assessed by City for Required Public Improvements, the cost of which is shared by other private and governmental entities), Processing Fees and Charges imposed by the City all other fees and charges imposed by all other governmental agencies with jurisdiction over the Property or the Project within the time and in the manner prescribed by such agency and Owner shall receive such credits and/or reimbursements for Required Public Improvements constructed in accordance with the applicable provisions set forth in the Municipal Code and this Agreement.

3.3 Development Impact Fees. Development of the Project shall be subject to all Development Impact Fees imposed by the City in accordance with the applicable provisions of the Municipal Code or other City Council enactment; provided, however, City shall impose only those Development Impact Fees required to be paid and in the amount established by City as of the Effective Date. As further set forth in Sections 5.8 and 5.10 of this Agreement, nothing in this Agreement is intended to prevent the assessment of fees or other exactions by any governmental entity not affiliated with City.

3.4 Provision of Real Property Interests. Subject to the provisions of this Section 3.4, in any instance where Owner is required to construct Required Public Improvement

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on land not owned by Owner, City shall, at its sole cost and expense, provide or cause to be provided, the real property interests necessary for the construction of such Required Public Improvements. To the extent real property owned by the City as of the Effective Date is needed for right-of-way for Required Public Improvements, the City shall Dedicate such property for public right-of-way at no cost to Owner unless prevented from doing so by applicable Laws. Owner shall construct all Required Public Improvements as contemplated by Attachment No. 4 of this Agreement; provided, however, Owner's obligations with respect to Required Public Improvements on such public right-of-way shall be conditioned upon City providing access to the public right-of-way as required to fulfill Owner's obligations under this Agreement. If Owner is unable to obtain such required right of way, Owner shall request that the City obtain such required right-of-way (at City's sole cost and expense) subject to the time limitations set forth in Government Code Section 66462.5. Thereafter, the City shall use good faith efforts to obtain such required right-of-way. Nothing herein shall obligate the City to pursue eminent domain proceedings to acquire such public right-of-way. In the event City is unable to obtain the right-ofway necessary to construct and install a Required Public Improvement, the condition of approval or other requirement to construct and install such Required Public Improvement shall be waived by City.

4. Vested Rights. The following provisions shall apply to the Project until the expiration of the Term:

4.1 Project Entitlements/Density. Owner is hereby granted the vested right to Development of the Project in accordance with this Agreement including, but not limited to, the Applicable Rules, subject only to the terms, provisions and conditions hereof.

4.2 Enforcement. Except to the extent this Agreement has been amended, modified, suspended or terminated in accordance with its terms, this Agreement shall be enforceable by either Party notwithstanding any change in any Applicable Land Use Regulations.

5. Reserved Powers. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the Development of the Project as and to the extent that such regulations apply generally to similar developments proposed or approved within the City:

5.1 Processing Fees and Charges. The City's Processing Fees and Charges at the rates in effect when each application and decision subject thereto is deemed complete.

5.2 Procedural Regulations. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and/or any other matter of procedure so long as such procedural regulations are uniformly and consistently applied by the City in a non-discriminatory manner.

5.3 Uniform Building Codes. Written regulations, policies and rules governing objective engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all Building Codes and similar codes adopted by the City and any local amendments to such codes adopted by the City.

5.4 Police Power. Any City ordinance, resolution, regulation, or official policy which is reasonably necessary to protect persons on the Property and in the community, or both, from conditions dangerous to their health, safety, or both, shall apply to the Project

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notwithstanding that the application of such ordinance, resolution, regulation, or official policy which would result in the impairment of Owner's vested rights under this Agreement. Any such regulations must constitute a valid exercise of the City's police power, applied and enforced in a uniform, consistent and non-discriminatory manner and must be applied and construed so as to provide the Owner, to the maximum extent possible, with the rights and assurances provided under this Agreement.

5.5 Non-Conflicting Ordinances, Regulations and Official Policies. Written regulations approved by the City that are not in material conflict with the Applicable Rules and do not materially and adversely impact Development of the Project. Any ordinance, regulation or policy adopted after the Effective Date, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property or impacting and/or increasing any Development Exaction shall be deemed to materially conflict with the Applicable Rules and shall therefore not be applicable to Development of the Project.

5.6 Conflicting Ordinances, Regulations and Official Policies. Ordinances, regulations and official policies approved by the City that are in material conflict with the Applicable Rules shall be applicable and binding upon Owner and the Project only if Owner has given its written consent to the application of such Ordinances, regulations and official policies to Development of the Property and/or the Project.

5.7 End Users. Ordinances, regulations and official policies of the City that impose, levy, alter or amend fees, charges, or Land Use Regulations relating solely to postDevelopment conduct of consumers or end users of Development on the Property, so long as the City applies and enforces such ordinances, regulations and official policies in a uniform, consistent and non-discriminatory manner and such enactments do not impair Owner's vested rights to Develop or operate the Project.

5.8 Laws. Laws of the state and/or federal governments, including those of regional agencies or departments such as the Regional Water Quality Control Board, which override Owner's vested rights set forth in this Agreement shall apply to the Project and the Property, together with any City ordinances, resolutions, regulations and official policies to the extent necessary to enable the City to comply with such overriding Laws; provided, however, that (i) Owner does not hereby waive its right to challenge or contest the validity of any Laws; and (ii) in the event that any such Law (or City ordinances, resolutions, regulations or official policies adopted or enacted pursuant thereto) prevents or precludes compliance with one or more provisions of this Agreement, the Parties shall negotiate in good faith the amendment or suspension of such provisions of this Agreement to ensure the minimal necessary interference with Owner's rights hereunder; provided, however, that no Party shall be bound to approve any amendment to this Agreement unless this Agreement is amended in accordance with the procedures applicable to the adoption and amendment of development agreements as set forth in the Development Agreement Act, the Development Agreement Ordinance, and this Agreement and each Party retains full discretion with respect thereto.

5.9 Immediate Threat. If the City Council finds that there is a severe and immediate threat to the health or safety of the City's residents due to the Development of the Project, the City may unilaterally suspend this Agreement for a period not to exceed the time required for notice and a public hearing before the City Council to determine whether suspension

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of this Agreement shall be extended; provided, however, that all applicable time limits set forth herein shall be extended for any such period of suspension, including, but not limited to, the Term.

5.10 Regulation by Other Public Agencies. The Parties acknowledge that other public agencies, not within the control of the City, may possess authority to regulate aspects of Development of the Project and the Property separately from the City. This Agreement does not limit the authority of such other public agencies. Nothing contained in this Agreement shall be construed as limiting, in any way, the authority of the City to impose on the Project any new or increased development impact fees or other fees or charges imposed by any other public agency with jurisdiction over the Property or Project, but collected by the City.

6. Amendments. This Agreement may be amended or terminated in whole or in part only in the manner provided for in Government Code Section 65868, the Development Agreement Ordinance and this Agreement. This provision shall not limit any remedy of the City or Owner as provided by this Agreement.

6.1 Material Changes. Owner may request amendments to the Entitlements without risk to any rights that have vested pursuant to this Agreement. Any such requested changes shall be subject to the City's standard and generally applicable review and approval procedures then in effect; provided, however, only a Material Change in the Project shall require an amendment to this Agreement. The City may condition such Material Change approval to ensure compliance with CEQA.

6.2 Operating Memoranda. This Agreement requires a close degree of coordination between the City and Owner. Refinements of planned Development of the Property may demonstrate that clarifications are appropriate with respect to the details of the City's and Owner's performance under this Agreement. City and Owner may effectuate such clarifications through operating memoranda approved by both Parties which, after execution, shall be attached hereto and made a part of this Agreement. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice and hearing pursuant to Section 6 of this Agreement. Upon the City Attorney’s reasonable approval, the City Manager may execute any operating memoranda without City Council action.

6.3 Nature of Change in Law. The provisions of this Agreement shall apply to the Development of the Project regardless of whether a change in the Entitlements is the result of the City Council or voter action, whether by initiative or referendum. The Parties intend hereby to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984) as provided in Section 2.6 of this Agreement.

7. Owner Obligations.

7.1 Compliance With Law. Owner shall comply with all Laws and the Entitlements.

7.2 Nature of Dedications. All Dedications made by Owner to the City shall be made free and clear of liens and encumbrances, other than easements or restrictions that in the reasonable determination of the City do not preclude or interfere with the dedicated purpose.

7.3 Processing Fees. Owner shall pay all Processing Fees and Charges

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pursuant to the fee schedules in effect at the time of application for such City approval. Owner shall also pay any additional third party, out-of-pocket costs reasonably incurred by the City for expedited processing requested by Owner.

7.4 Costs of City Actions. Owner shall pay all third party, out-of-pocket costs City reasonably incurs as authorized by and in furtherance of this Agreement within thirty (30) calendar days following receipt of appropriate documentation (including, for example, invoices) showing such costs. Such costs include, but are not limited to, the City's out-of-pocket, third party costs incurred to in connection with the City's efforts to seek assistance from other governments pursuant to Section 8.3 of this Agreement; and monitoring and review costs pursuant to Section 12 of this Agreement.

7.5 Obligation to Construct the Required Public Improvements.

Notwithstanding anything to the contrary contained in this Agreement, (i) nothing contained in this Agreement shall be deemed or construed as creating any obligation on Owner to construct the Required Public Improvements unless and until the date the City issues a Building Permit(s) for the Private Improvements ("Building Permit Date"); and provided, further, prior to the Building Permit Date, Owner shall not be deemed to be in Default under this Agreement for the failure to commence construction of the Required Public Improvements for the Project. Until the Building Permit Date, or at any time after the completion and acceptance of the Required Public Improvements, Owner shall have the absolute right, exercisable upon the delivery of written notice to the City, to terminate this Agreement, in which event (i) Owner shall reimburse the City for all out-of-pocket third party costs actually incurred by the City in connection with and as required by this Agreement prior to the delivery of such termination notice; and (ii) the City shall execute and deliver to Owner for recordation a notice of termination of this Agreement, and thereafter this Agreement shall be of no further force or effect and neither Party shall have any further obligations hereunder.

8. City Obligations.

8.1 Processing. The City shall accept and process all completed applications for Permits for the Project in accordance with its standard policies and procedures applicable to all applications for Permits and in accordance with the Permit Streamlining Act (Gov. Code § 65920, et seq.).

8.2 Review. The City shall provide sufficient staff to review compliance with this Agreement.

8.3 Assistance From Other Governments. The City shall use reasonable good faith efforts to seek, assist and cooperate with Owner in seeking all of the following as requested by Owner for Development of all or any part of the Project:

8.3.1 Necessary permits under the jurisdiction of or issued by the state or federal governments or any instrumentalities thereof.

8.3.2 Available tax benefits from the state or federal governments, including but not limited to affordable housing tax incentives and credits, sales tax exemptions and other tax benefits.

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8.3.3 Available grants, loans, proceeds of bond issues and subsidies from the state or federal governments for affordable housing and other portions of the Project.

8.4 Mitigation Fee Act. The City shall comply with Government Code Section 66006 with respect to any fee it receives or cost it recovers pursuant to Development of the Property.

8.5 Recordation of Agreement. The City Clerk shall file this Agreement for recordation with the County Recorder of the County of Orange within ten (10) days after the Effective Date and execution of this Agreement by City and Owner. In connection with the expiration of the Term or any earlier termination of this Agreement, the City shall execute and deliver to Owner a recordable notice of termination of this Agreement in form and substance reasonably acceptable to Owner.

9. Term.

9.1 Commencement. This Agreement shall become effective on the Effective Date.

9.2 Duration. Unless terminated earlier pursuant to another provision hereof, the term this Agreement shall commence on the Effective Date and be in full force and effect until the twentieth (20th) anniversary of the Effective Date (“Term”). All Entitlements shall be valid and vested for the Term.

9.3 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:

9.3.1 Automatic Termination. If not previously terminated in accordance with this Agreement, this Agreement shall automatically terminate and be of no further force or effect upon completion of the Project in accordance with the terms, provisions and conditions of this Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by the City of all dedications and improvements required by Development of the Project.

9.3.2 Expiration. Expiration of the Term.

9.3.3 Final Judgment. Entry of a final judgment setting aside, voiding or annulling the adoption of the Enabling Ordinance.

9.3.4 Referendum. The timely adoption of a referendum measure overriding or repealing the Enabling Ordinance. Owner acknowledges that, pursuant to Article 2, Section 11 of the California Constitution and California Elections Code Section 9235, et seq. (collectively, the "Referendum Laws"), the electors of the City may, within thirty (30) days after adoption of the Enabling Ordinance, file a petition in accordance with Elections Code Section 9237 to require the City to either repeal the Enabling Ordinance or hold an election to obtain voter approval of such and this Agreement. In the event a valid referendum petition challenging adoption of the Enabling Ordinance is timely filed in accordance with the Referendum Laws, the City shall submit the Enabling Ordinance to the voters for approval in accordance with the Referendum Laws.

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9.3.5 Termination Based on Default. Termination of this Agreement based on any material Default of any Party (except as otherwise provided in this Agreement) after complying with the termination proceedings required by this Agreement.

9.3.6 Termination Under Section 7.5. Termination of this Agreement pursuant to Section 7.5 of this Agreement.

9.4 Effect of Agreement on Title. The Parties shall record an appropriate release upon termination of this Agreement as to all or any part of the Property, in form and substance acceptable to Owner.

9.5 Force Majeure Extensions. The Term of this Agreement and the time for performance by either Party of any of its obligations hereunder shall be extended by the period of time that a Force Majeure event exists. Such delay shall not be deemed to be a Default. In addition, the Term of this Agreement shall be extended day-for-day by delays arising from the pendency of Litigation relating to this Agreement or to the Development contemplated hereby. There shall be no extension for Force Majeure unless the Party claiming that a Force Majeure event exists shall give notice thereof to the other Party within thirty (30) days of actually learning of a Force Majeure event.

10. Financing, Transfer, and Assignment.

10.1 Right to Encumber. Owner may, in its sole and absolute discretion, obtain or allow one or more Encumbrances. Unless otherwise required by Law, neither entering into nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Encumbrance made in good faith and for value. In connection with any Encumbrance, the City shall execute and deliver to a Financier of any Encumbrance an estoppel certificate as requested by such Financier in accordance with Section 13.8 of this Agreement.

10.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Encumbrance. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Encumbrance made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, or to this Agreement, by a Financier (whether pursuant to foreclosure, lease termination or otherwise) shall upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, be subject to all of the terms and conditions of this Agreement and any such Financier who takes title to the Property or any portion thereof, or to this Agreement, shall also be entitled to the rights and obligations arising under this Agreement.

10.3 Financier Not Obligated. Notwithstanding the provisions of this Section 10, a Financier will not have any rights, obligations or duties pursuant to the terms set forth in this Agreement to perform the obligations of Owner or other affirmative covenants of Owner hereunder or to guarantee such performance, unless such Financier expressly assumes the rights and obligations of the Owner and except that (a) the Financier shall, upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, have no right to develop the Project without materially complying with the terms of this Agreement, and (b) to the extent that any covenant to be performed by Owner is a condition to the performance of any covenant by

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the City, the performance thereof by Owner or Financier or any other person or entity shall continue to be a condition precedent to the City’s performance hereunder. If a Financier so expressly assumes the rights and obligations of the Owner under this Agreement, such Financier shall not be liable for any interest, penalties, fines or any damages from any breach or default accruing prior to the date or such notice. Although not obligated to do so, upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, any Financier may do any act or thing required of Owner hereunder, and do any act or thing which may be necessary and properly done in the performance and observance of the agreements, covenants and conditions hereof to prevent termination of this Agreement in accordance with Section 10.4 below. Any Financier and its agents and contractors shall have full access to the Property for purposes of accomplishing any of the foregoing. Any of the foregoing done by any Financier shall be as effective to prevent a termination of this Agreement as if the same would have been done by the Owner.

10.4 Notice of Default to Financier; Right of Financier to Cure. Each Financier shall, upon written request to City be entitled to receive written notice from City of the result of the Annual Review and of any default by Owner of its obligations set forth in this Agreement simultaneously with the delivery of such notices to the Owner. Each Financier shall have the right, but not an obligation, to cure such default within ninety (90) days after receipt of such notice or, if such default can only be remedied or cured by such Financier upon obtaining possession of the Property, such Financier shall have the right to seek or obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure such default within ninety (90) days after obtaining possession, and, except in case of emergency or to protect the public health or safety as determined by the City in its reasonable discretion, City may not exercise any of its remedies set forth in this Agreement until expiration of such ninety (90) day period whether commencing upon receipt of notice or upon obtaining possession of the interests covered by a Encumbrance, as applicable; provided, however, that in the case of a default which cannot reasonably be remedied or cured or the remedy or cure of which cannot be commenced within such ninety (90) day period, the Financier shall have such additional time as is reasonably necessary to remedy or cure such default. Any notice of termination delivered in violation of this Section 10.4 shall be rendered void. In any case where, sixty (60) days after receipt by the Financier of the notice of the Owner’s default, the holder of any Encumbrance creating a lien or encumbrance upon the Property, or any part thereof, has not exercised the option to cure, or, if it has exercised the option, is not proceeding diligently with the cure, the City may proceed with termination of this Agreement and any further obligations of City hereunder.

10.5 Bankruptcy. Notwithstanding the foregoing provisions of this Section 10, if any Financier is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Owner, the times specified in Section 10.4 for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. In addition, if this Agreement is rejected or otherwise terminated in connection with any such proceeding, then upon the request of any Financier, a new development agreement upon the same terms and conditions set forth in this Agreement shall, at the election of Financier, be entered into between such Financier and City.

10.6 Termination Subject to Financier’s Rights. All rights of City to terminate this Agreement, vis-a-vis the Financier, as a result of the occurrence of any default shall be subject

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to, and conditioned upon, City having first given to each Financier written notice of the default as required under Section 10.4 above, and all Financiers having failed to remedy such default or acquire Owner’sinterests hereunder, or having failed to commence foreclosure or other appropriate proceedings in the nature thereof as set forth in Section 10.4 above.

10.7 No Cancellation. There shall be no cancellation, surrender or modification of this Agreement by joint action of the Parties without a minimum of ninety (90) days prior written notice to each Financier who has requested such notice.

10.8 Notice. Owner and/or any Financier shall have the right to give notice to the City of the existence of an Encumbrance. Thereafter, the City shall serve each Financier with copies of all Notices given to Owner pursuant to this Agreement.

10.9 Transfer or Assignment. Subject to Section 10.10, Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an “Assignment”) in connection with a transfer of Owner’s interest in all or any portion of the Property or Owner’s lease of all or substantially all of the residential or commercial portions of the Property, or both, each as designated by the Applicable Rules (such interest transferred or leased, the “Transferred Property”). No Assignment shall be made unless made together with the sale, transfer, lease or assignment of all or part of the Property. Any mortgage, deed of trust, or other form of conveyance for financing of the Project (other than a lease of the type described in the first sentence of this Section 10.9) shall not be considered an Assignment for purposes of this Section 10.9. Within fifteen (15) business days after any Assignment, Owner shall notify City in writing of the Assignment and provide City with an agreement, in a form reasonably acceptable to City, executed by the purchaser, transferee, lessee or assignee (collectively, the “Assignee”) to expressly and unconditionally assume all duties and obligations of Owner under this Agreement.

10.10 Effect of Assignment. Subject to Section 10.9, upon an Assignment the Assignee shall be liable for the performance of all obligations of Owner with respect to Transferred Property, but shall have no obligations with respect to the portions of the Property, if any, not transferred or leased (the “Retained Property”). The owner or lessee of the Retained Property shall be liable for the performance of all obligations of Owner with respect to Retained Property, but shall have no further obligations or Liabilities (as defined in Section 15 of this Agreement) with respect to the Transferred Property. The Assignee’s exercise, use and enjoyment of the Property shall be subject to the terms of this Agreement to the same extent as if the Assignee were the Owner.

10.11 City’s Consent to Assignment. The City’s consent shall not be required to an Assignment unless, at the time of the Assignment, Owner has been determined to be in default of this Agreement and the default has not been cured. If Owner is in default, City shall consent to any Assignment which provides adequate security to City, in the reasonable exercise of City’s discretion, to guarantee the cure of the default upon completion of the Assignment.

11. Binding Effect.

11.1 Entirety of Property. Except as otherwise provided in this Agreement, all of the Property shall be and remain subject to this Agreement throughout the Term unless sooner terminated in accordance with this Agreement.

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11.2 Property and Agreement Remain Linked. Owner shall have the right to sell, transfer, lease or assign the Property or any portion thereof and its rights under the Agreement.

However, except as otherwise provided in this Agreement, any person acquiring any interest in the Property shall do so subject to this Agreement. Conversely, no sale, transfer, lease or assignment of any right or interest under this Agreement shall be made unless made together with a corresponding sale, transfer, lease or assignment as to the Property or any portion thereof. If less than all of the Property is sold or leased, the purchaser or lessee of that portion of the Property shall be responsible for all Development related to the acquired portion, including Development Exactions and the Required Public Improvements applicable to that portion of the Property or Project acquired by such purchaser or lessee, and the original Owner (or its successors as to the entire Property) shall remain responsible for all such matters outside such portion of the Property or Project unless such obligations are (i) assigned by Owner; (ii) assumed by the purchaser or lessee as documented in writing; or (iii) no longer applicable because such obligations have been completed prior to the date of such transfer; provided, however, the obligations of Owner under this Agreement shall not apply to the purchaser or lessee of any portion of the Property where Development has been completed.

11.3 Binding on Financiers. This Agreement shall bind all Financiers and every owner of the Property, or part thereof, whose title is acquired by foreclosure or deed-in-lieu of foreclosure; provided, however, such Financier and their respective successors and assigns shall not be liable for any interest, penalties, fines or any damages from any pre-foreclosure (or deedin-lieu of foreclosure) Default accruing prior to the date such party takes title to the Property or any portion thereof through completion of a foreclosure action or execution and delivery of a deedin-lieu of foreclosure.

12. Compliance Review.

12.1 Annual Review. This Agreement shall be subject to annual review ("Annual Review") by the City pursuant to the applicable provisions of the Municipal Code on or before each anniversary of the Effective Date and/or conduct a Special Review, as described in Section 12.2 of this Agreement, in order to ascertain the good faith compliance by Owner with the terms, provisions and conditions of this Agreement. Within thirty (30) days of receipt of written notice from the City Manager of the City's intent to conduct a Special Review and/or Annual Review, Owner shall submit a report, in a form reasonably required by the City Manager, describing its compliance with this Agreement during the immediately preceding twelve (12) month period.

12.2 Special Review. A Special Review of compliance with this Agreement may be made either by agreement of the Parties or by initiation in one or more of the following ways:

12.2.1 City Manager. Recommendation of the City Manager, based on an alleged default of Owner;

12.2.2 City Council. Action of the City Council.

12.3 Procedure for Annual Review and/or Special Review. With respect to either Annual Review or Special Review, the provisions of the applicable provisions of the

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Municipal Code shall be followed.

12.4 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or Special Review, Owner is found to be in compliance with this Agreement, the City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner (and any Financier) stating that, after the most recent Annual Review or Special Review and based upon the information known or made known to the City Manager and City Council that (i) this Agreement remains in full force and effect; and (ii) Owner is not in Default under this Agreement. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after an Annual Review or Special Review and shall state the anticipated date of commencement of the next Annual Review. Owner may record the Certificate with the County Recorder of the County of Orange.

12.5 Failure by the City. The failure of the City to conduct any Annual Review shall not constitute a Default under this Agreement, affect Owner's obligations hereunder, or render this Agreement or any portion thereof invalid or void.

13. Default.

13.1 Default by Owner. Owner shall be in Default under this Agreement if it does any or any combination of the following and does not cure the same within the applicable Notice and cure period, if any, set out below:

13.1.1 Fraud. Practices any intentional fraud or deceit upon the City, as reasonably determined by the City Council, in which case no right to cure shall apply; provided, however, Owner shall be given prior Notice of such determination and the opportunity to respond to any allegations at a duly noticed public hearing before the City Council at which evidence may be submitted and testimony received.

13.1.2 Material Default. Fails to cure a material Default of this Agreement of the type described in this Section 13.1.2 within the time required by this Agreement following a written notice of Default from the City to Owner. With respect to any payment default involving an obligation to pay money to the City, such cure period shall be fifteen (15) Business Days following Owner's receipt of written notice from the City of failure to pay when due, and with respect to all other events of Default, such cure period shall not be less than thirty (30) calendar days from Owner's receipt of written notice from the City; provided, further, if a Default not involving the payment of money to City cannot reasonably be cured within such thirty (30) day period, then Owner shall not be deemed in Default under this Agreement if Owner commences such cure within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable period of time.

13.2 Default by the City. The City shall be in Default under this Agreement only if it fails to cure a material breach of this Agreement within the time set forth in a written notice of Default from Owner to the City; provided, however, with respect to any payment Default, such cure period shall not be less than fifteen (15) Business Days following the City's receipt of written Notice from Owner, and with respect to all other events of Default, such cure period shall not be less than thirty (30) calendar days following the City's receipt of written Notice from Owner; provided, further, if such Default cannot reasonably be cured within such thirty (30) day period,

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then the City shall not be deemed in Default under this Agreement if the City commences such cure within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable period; provided, further, the Term and the time for Owner's performance of its obligations hereunder shall be extended on a day-for-day basis during such cure period to the extent Owner is actually prejudiced by the City's Default hereunder.

13.3 Notice of Default. A Party alleging a Default shall serve written notice thereof on the other Party. Each such notice shall state with specificity all of the following:

13.3.1 Nature of Default. The nature of the alleged Default.

13.3.2 Manner of Cure of Default. The manner in which the alleged Default may be satisfactorily cured.

13.3.3 Time to Cure Default. Subject to the provisions of Sections 13.1 and 13.2 of this Agreement, a period of time in which the Default may be cured.

13.4 Remedies for Default. The Parties acknowledge and agree that the nature of the Project and the terms of this Agreement render ordinary remedies at law inadequate for a Default under this Agreement. The Parties also acknowledge and agree that it would not be feasible or possible to restore the Property to its pre-Development condition once implementation of the Agreement has begun. Therefore, the Parties agree that, except as otherwise expressly provided in this Agreement, the remedies for a Default under this Agreement shall be limited to one or more of the following:

13.4.1 Default by City. The remedies for Default by the City shall be limited to injunctive relief, mandate (traditional and/or administrative), specific performance, and/or restitution/reimbursement for unused fees and for Dedications and improvements to the extent not required for Development completed as of the date Owner gave the City Notice of Default pursuant to Section 13.3 of this Agreement.

13.4.2 Default by Owner. The remedies for Default by Owner shall be limited to injunctive relief, specific performance, termination, and/or restitution.

13.5 Service of Process. In the event that any legal action is commenced by Owner against the City or City against Owner, service of process shall be made in such manner as may be provided by Law.

13.6 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.

13.7 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

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13.8 Estoppel Certificate. Each of the Parties shall at any time and from time to time upon not less than thirty (30) days prior notice by the other Party, execute, acknowledge and deliver to such other Party a certificate in writing certifying that this Agreement is in full force and effect, stating which provisions of this Agreement have been fully performed, and stating whether or not to the actual knowledge of the signer of such certificate such other Party is in Default in performing or observing any provision of this Agreement, and, if in Default, specifying each such Default of which the signer may have knowledge, and such other matters as such other Party may reasonably request. It is intended that any such certificate delivered by Owner to City may be relied upon by the City or any successor in interest to the City, and it is further intended that any such certificate delivered by the City to Owner may be relied upon by Owner or any prospective assignee of Owner's interest in the Project, Property or this Agreement and any Financier. Reliance on any such certificate shall not extend to any Default as to which the signer of the certificate had no actual knowledge at the time the statement was signed.

14. Appeal of Administrative Decisions. Owner may appeal directly to the City Council any decision by City staff, including, but not limited to, the City Manager, concerning an interpretation and/or administration of this Agreement or any part hereof. Owner shall file any such appeal with the City Clerk within twenty (20) Business Days after Owner receives Notice of the staff decision; provided, however, that a failure to timely file an appeal shall not nullify the right to such appeal except to the extent the City is actually prejudiced by such failure to timely appeal. The City Council shall render a decision at an open, public meeting held within sixty (60) calendar days following Owner's delivery of the appeal to the City Clerk.

15. Indemnification. Indemnitor shall pay for, save, protect, defend, indemnify and hold harmless the Indemnitees from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, third party tort claims, civil or criminal penalties, fines and/or monetary sanctions), losses, costs or expenses (including, without limitation, consultant’s fees, investigation and laboratory fees, attorney’s fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as "Liabilities”) which may now or in the future be incurred or suffered by the Indemnitees (or any of them) by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of any of the following: (i) any claim, action or proceeding brought by a third party against any Indemnitee to attack, set aside, void or annul the approval of this Agreement or the Entitlements except any such claim, action or proceeding to attack, review or set aside the City’s General Plan; (ii) any Indemnitor's release of water from the Property or the Project; and/or (iii) Development of the Project; provided, however, that the foregoing indemnity shall not apply to any Liabilities to the extent arising or occurring as a result of the negligence or willful misconduct of any Indemnitee.

The City shall have the right to reject or consent to any particular law firm or attorney engaged by Owner to represent the City; provided, however, the City's consent shall not be unreasonably withheld; and further provided that if the City elects to retain separate counsel following assumption of defense by Owner under this Section 15, all fees and expenses associated with retention of such separate counsel shall be at the City’s sole cost and expense. The City shall cooperate in good faith with Owner when Owner is acting pursuant to this Section 15. Indemnitor's obligations under this Section 15 shall survive termination of this Agreement with respect to any Liabilities covered by this Section 15 that arose during the Term and shall terminate upon the expiration of the statute of limitation applicable to such surviving Liabilities covered under this Section 15.

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16. Insurance Requirements. Owner shall purchase and maintain in full force and effect until completion of all Development contemplated by this Agreement policies of insurance in accordance with this Section 16 and shall cause its contractors to purchase and maintain in full force and effect in accordance with Section 16.2 of this Agreement, the following policies of insurance:

16.1 Owner's Liability Insurance. Liability insurance with the minimum insurance coverages set forth below:

16.1.1 Commercial General Liability. Commercial General Liability Insurance with a combined single limit of liability of Two Million Dollars ($2,000,000.00) for bodily injury, personal injury and property damage, arising out of any one occurrence. The City shall be named as an "additional insured" under such policy as it applies to Owner's activities under this Agreement. The insurance provided herein shall be considered "primary" insurance.

16.1.2 Workers Compensation. Workers compensation and employer's liability insurance as required by Law.

16.2 Insurance During Construction. Prior to commencing Project construction activities within the Property, Owner shall obtain and require its contractors and their subcontractors to obtain and thereafter maintain, so long as such Project construction activity is occurring and until the completion of such Project construction, the minimum insurance coverages set forth below:

16.2.1 Workers Compensation. Workers compensation and employer's liability insurance as required by any applicable law or regulation.

16.2.2 Commercial General Liability. Commercial General Liability insurance covering all operations by or on behalf of the contractors and subcontractors, which shall include the following minimum limits of liability and coverages:
(a) Required coverages:
(i) Premises and Operations.
(ii) Products and Completed Operations.
(iii) Contractual Liability, insuring the indemnity
obligations assumed by contractor under the contract
documents.
(iv) Broad Form Property Damage (including Completed
Operations).
(v) Explosion, Collapse and Underground Hazards.
(vi) Personal Injury Liability.
(b) Minimum limits of liability:
(i) $2,000,000 each occurrence (for bodily injury and
property damage).
(ii) $2,000,000 for Personal Injury Liability.

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(iii) $2,000,000 aggregate for Products and Completed
Operations.
(iv) $2,000,000 general aggregate applying separately to this Project.

16.2.3 Automobile Liability. Automobile liability insurance, including coverage for owned, hired and non-owned automobiles. The limits of liability shall not be less than $1,000,000 combined single limit each accident for bodily injury and property damage.

Owner’s contractors shall require each of its subcontractors to include in their liability insurance policies coverage for automobile contractual liability.

16.3 Terms of Insurance. All insurance required by this Section 16 shall be written on an occurrence basis and procured from companies rated by Best's Rating Guide not less than A-VIII, and which are authorized to do business in California. All insurance may be provided under (i) a combination of primary and excess policies; (ii) an individual policy covering the Property; (iii) a blanket policy or policies which includes other liabilities, properties and locations of Owner; provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than Two Million Dollars ($2,000,000), then Owner shall also maintain excess liability coverage necessary to establish a total liability insurance limit of Two Million Dollars ($2,000,000); (iv) a plan of self-insurance, provided that Owner notifies the City of its intent to self-insure (which notice shall be deemed to have been delivered to City upon the full execution of this Agreement) and shall, upon request, deliver to the City each calendar year a copy of its annual report that is audited by an independent certified public accountant which discloses that Owner has One Hundred Million Dollars ($100,000,000) of both net worth and net current assets; or (v) a combination of any of the foregoing insurance programs.

To the extent any deductible is permitted or allowed as a part of any insurance policy pursuant to this Section 16, Owner shall be deemed to be covering the amount thereof under an informal plan of self-insurance; provided, however, that in no event shall any deductible exceed One Hundred Thousand Dollars ($100,000.00) unless Owner complies with the requirements regarding selfinsurance pursuant to Subsection (iv) of this Section 16.3. Owner shall furnish to the City, upon request, a certificate(s) or memorandum(s) of insurance, or statement of self-insurance evidencing that the insurance required to be carried by Owner in accordance with this Section 16 is in full force and effect.

16.4 Additional Insured. Any insurance policy under which the City is an additional insured shall include the following provisions:

16.4.1 Severability. Severability of interests.

16.4.2 Reduction or Voidability. An act or omission of one (1) of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds.

16.4.3 Contractual Liability. Contractual liability coverage with respect to any indemnity obligation set forth in this Agreement.

The procurer of such insurance shall promptly serve Notice on (and in any event within five (5) Business Days) the City of any intent to cancel, reduce (in amount or in coverage provided) or other material modification of insurance coverage required by this Section 16 as soon as such

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procurer has actual knowledge thereof and shall deliver a copy of any Notices received from the insurer related thereto.

17. Representations and Warranties.

17.1 City Representations. The City represents and warrants to Owner as follows, which warranties and representations are effective as of the date of this Agreement:

17.1.1 Existence. The City is a municipal corporation, duly incorporated pursuant to the laws of the State of California.

17.1.2 Authority. The execution, performance, and delivery of this Agreement by the City have been fully authorized by all requisite actions on the part of the City required by Law.

17.1.3 No Default. The City's execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which the City is a party or by which it is bound.

17.2 Owner's Representations. Owner represents and warrants to the City as follows, which warranties and representations are effective as of the date of this Agreement:

17.2.1 Authority. Owner has full right, power and lawful authority to develop the Private Improvements, the Required Public Improvements and to undertake all obligations as provided in this Agreement. The execution, performance, and delivery of this Agreement by Owner has been fully authorized by all requisite actions on the part of Owner required by Law.

17.2.2 Interest in Property. Owner represents that Owner (or its affiliates) owns or has entered into agreements to acquire fee title to the Property. Owner further represents that it (or its affiliates) has the legal authority to encumber the Property by recordation of this Agreement.

17.2.3 No Conflict. To the best of Owner's knowledge, Owner's execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement, or order to which Owner is a party or by which it is bound.

17.2.4 No Owner Bankruptcy. To the best of Owner's knowledge, Owner is not the subject of a current or threatened bankruptcy proceeding.

18. Miscellaneous.

18.1 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element.

18.2 Further Documents. The City and Owner shall sign, deliver and if appropriate record any additional documents necessary to effectuate the purposes of this Agreement.

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18.3 Notices. All Notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when delivered upon the first Business Day after prepayment with a recognized overnight delivery service with instructions to deliver the next Business Day, or upon the fifth calendar day after deposit in the United States mail, firstclass, registered or certified, postage prepaid, return receipt requested at the following addresses:

If to City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Manager
Tel: (949) 361-8200
Email: [email protected]
With a copy to: Best Best & Krieger, Attorneys at Law
18101 Von Karman Avenue
Suite 1000
Irvine, CA 92612
Attn: Scott C. Smith, City Attorney
Tel: (949) 263-6561
Email: [email protected]
If to Owner: Saddleback Memorial Medical Center
24451 Health Center Drive
Laguna Hills, CA 92653
Attn: Thomas Leary,
Senior Vice President & Chief Legal Officer
Tel: 714-377-3245
Email: [email protected]
With a copy to: Nossaman, LLP
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
Attn: Gregory W. Sanders, Esq.

Tel: (949) 833-7800
Email: [email protected]
Any Party may, from time to time by written Notice to the other designate a different address which shall be substituted for the one specified above.

18.4 Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein.

18.5 Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is

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executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought.

18.6 Relationship of the Parties. Nothing contained herein, nor any action taken or document created pursuant hereto, shall be construed as creating the relationship of partners, joint venturers, or any other association of any kind or nature between the City and Owner.

18.7 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, any Financiers and their respective successors in interest. No other person (such as a taxpayer or citizens' group) shall have any right of action based upon any provision of this Agreement.

18.8 Non Liability of Certain Individuals.

18.8.1 Officials and Employees of the City. No official or employee of the City shall be personally liable to Owner or any successor in interest in the event of any Default by the City or for any amount which may become due to Owner or its successors or on any other obligations under the terms of this Agreement.

18.8.2 Owner Parties. No officer, director, manager, member, or employee of Owner (or any of their respective officers, directors, shareholders, partners, members, managers, employees, trustees, or beneficiaries) shall be personally liable to the City or its successor in interest in the event of any Default by Owner or for any amount which may become due from Owner or its successors or on any other obligations of Owner under the terms of this Agreement.

18.9 City Approvals and Actions. The City shall maintain authority under this Agreement and the authority to implement this Agreement through the City Manager (or his or her duly authorized representative). The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, execute implementing documents and/or make and execute further agreements on behalf of the City (collectively, “City Manager Action”) so long as such City Manager Action(s) does not materially change the uses or Development permitted on the Property, or materially or substantially add to the costs incurred or to be incurred by the City or Owner as specified herein, and such interpretations, waivers and/or further agreements may include extensions of time to perform; provided, however, in the event Owner disagrees with any City Manager Action(s), Owner may appeal such City Manager Action(s) to the City Council and shall be entitled to a public hearing on such appeal. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council. The City Manager retains full discretion to submit any matter to the City Council for approval notwithstanding that such matters may be considered immaterial.

18.10 Counterparts. This Agreement may be signed in multiple counterparts which together shall constitute a binding agreement.

18.11 Rules of Construction. Captions and headings in this Agreement are for convenience only and are not guides for interpretation. This Agreement is the result of negotiations between Parties who were each represented by counsel. No ambiguity in this Agreement, if any, shall be interpreted against one Party. This Agreement has been prepared and negotiated jointly

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and equally by the Parties. This Agreement shall not be construed against either Party on the ground that a Party prepared the Agreement.

18.12 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday, Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.

18.13 Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any rights which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

18.14 Governing Law and Venue. This Agreement is entered into and will be performed in the County of Orange, California, and shall be governed by the laws of the State of California. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the Superior Court in the County of Orange, California or the United States District Court for the Central District of California.

18.15 Attorneys' Fees. In any action between the Parties to interpret, enforce, reform, modify, rescind or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing Party in such action shall be entitled, in addition to injunctive relief or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, expert witness fees and attorneys' fees.

18.16 Severability. If a Court invalidates part of this Agreement, the remainder shall remain in force and effect unless the invalidation materially impairs a Party's consideration, in which event this entire Agreement shall terminate.

18.17 Recitals and Attachments. All recitals and attachments to this Agreement are incorporated herein.

18.18 Mutual Covenants. The covenants contained herein are mutual covenants which constitute conditions to the concurrent or subsequent performance of the other covenants.

ATTACHMENTS
Attachment No. 1 Legal Description of the Property
Attachment No. 2 Fair Share Fees

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Attachment No. 3 Site Plan
Attachment No. 4 Required Public Improvements
[Signatures appear on following page.]

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IN WITNESS WHEREOF, Owner and the City have executed this Agreement on the date first above written.

CITY:

CITY OF SAN CLEMENTE,
a California municipal corporation
, Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:

Scott C. Smith, City Attorney
OWNER:

SADDLEBACK MEMORIAL MEDICAL
CENTER, a California non-profit public benefit
corporation

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On
Public,
before me, , Notary
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On
Public,
before me, , Notary
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment No. 1