Attachment 1 - Resolution.pdf — San Clemente City Council, November 1, 2022

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
Resolution No. ____ Page 2
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 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.

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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 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.

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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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.

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 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 Resolution No. ____ Page 9
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.

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 Resolution No. ____ Page 10
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:

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

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 Resolution No. ____ Page 11
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:

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 Resolution No. ____ Page 12
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.

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:

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 Resolution No. ____ Page 13
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:

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 Resolution No. ____ Page 15
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.

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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
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
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
Resolution No. ___ Page 2
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.

Public
Works

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)
Public
Works
*

2.9 The applicant shall demonstrate to the satisfaction of the City Public Resolution No. ___ Page 3
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)
Works

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)
Public
Works
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)
Public
Works

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)
Public
Works

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).

Public
Works
Utilities
Resolution No. ___ Page 4
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)
Public
Works
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)
Public
Works
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)
Public
Works
**

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
Works
**

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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Resolution No. ___ Page 5
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
Works

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)
Public
Works
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
Works
Resolution No. ___ Page 6
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)
Public
Works
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
Works
*
NPDES

3.13 The applicant shall demonstrate to the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter

13.40)
Public
Works
Resolution No. ___ Page 7
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)
Public
Works
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)
Public
Works
**

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
Works
**

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
Public
Works
**
Resolution No. ___ Page 8
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
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
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
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
**
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 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
**
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
**
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
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
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
**
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

San Clemente City CouncilNovember 1, 2022

San Clemente City Council
November 1, 2022