61008923.v1
September 27, 2022
Jennifer Savage, AICP/CTP
Assistant to the City Manager
City of San Clemente
9100 Calle Negocio
San Clemente, CA 92673
Re: Master Project (MP) 22-089 (Senior Citizen Housing and Medical Office Building) – Incentives or Concessions and Waivers or Reductions of Development Standards
Dear Ms. Savage:
We continue to represent Saddleback Memorial Medical Center (“Saddleback”) with regard to all matters related to Master Project (MP) 22-089 which includes, among other matters, various land use entitlement applications for a 250 unit senior citizen housing complex and a 7,500 square foot medical office building at 654 Camino de los Mares (“Project”). The purposes of this letter are to further memorialize and specify Saddleback’s requests for incentives or concessions from and waivers or reductions of certain development standards as mandated by Government Code Section 65915, subdivisions (b), (d), and (e) that would otherwise be applicable to the senior citizen housing portion of the Project.
By letter of August 31, 2022, Mr. Ted D. Frattone of Hunsaker & Associates Irvine, Inc., the Project manager for planning and entitlements, requested “applicable development incentives or concessions associated with the project’s commitment to provide 5% of the proposed senior residential units (13 units) as very low income households in accordance with the Density Bonus Law [the commonly used term for Section 65915].” As you are aware, Section 65915, subdivision (d), paragraph (2), subparagraph (A) provides that the City of San Clemente (“City”) must grant “One incentive or concession for projects that include . . . at least 5 percent [of the units] for very low income households . . ..” As the letter explains, thirteen (13) of the senior citizen units, which equals five (5) percent of the 250 units Included within the senior citizen housing portion of the Project, will be dedicated for rent to very low income households (as defined in Section 65915). In addition, it is noteworthy that the senior citizen housing portion of the Project also qualifies for incentives or concessions (as well as waivers or reductions of development standards) pursuant to Section 66915, subdivision (b), paragraph (1), subparagraph (C) because the senior citizen housing complex is a qualified senior citizen housing project.
Therefore, in accordance with Section 65915, subdivision (b), paragraph (1), subparagraphs (B) and (C) and subdivision (d), paragraph (1), Saddleback hereby requests a
ATTORNEYS AT LAW
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
T 949.833.7800
F 949.833.7878
Gregory W. Sanders
D 949.477.7669
[email protected]
Refer To File # 504163-0001
VIA HAND DELIVERY
ATTACHMENT 5
September 27, 2022
61008923.v1
concession from the forty-five foot/thirty-seven foot plate/3 story height limitation imposed by the Community Commercial 4 (CC 4) zone to the heights set forth in the Development Standards Matrix, San Clemente Senior Housing and Health Center, Master Project (MP) 22-089, dated September 26, 2022 submitted to you by Mr. Frattone (copy enclosed) (“Development Standards Matrix”).
In addition to the foregoing, the City has been informed by Saddleback orally and in writing that strict application of certain development standards found in the City’s Municipal Code, design guidelines and elsewhere would preclude construction of the senior citizen housing portion of the Project. As you are further aware, Section 65915, subdivision (e), paragraph (1), provides that the City may not “apply any development standard that will have the effect of physically precluding construction of a development meeting the criteria of subdivision (b) [which includes the senior housing portion of the Project] at the densities or with the concessions or incentives permitted under this section . . ..” “Development standard” is defined in Section 65915, subdivision (o), paragraph (1) to include, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open space requirement or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.” Therefore, Saddleback hereby requests waivers or reductions from all City Municipal Code provisions, development guidelines, ordinances, general plan elements, specific plans, and all other laws, policies, resolutions and regulations of the floor area ratio, onsite open space, parking development standards and the additional height of the buildings caused by the protrusion from the roofs of the elevator shafts and equipment that would otherwise apply to the senior citizen housing portion of the Project, all as set forth in the Development Standards Matrix.
Please let us know if you need any further information regarding this matter.
Sincerely,
Gregory W. Sanders
Nossaman LLP
GWS:jg
ATTACHMENT 21
Development Standards Matrix
San Clemente Senior Housing & Health Center
Master Project MP22-089
September 26, 2022
Development
Standard
CC4 Zone
Requirement
Senior Housing
Projects Requirement
Proposed Project Required Exception &
Findings
Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft.
Senior Housing – 268,408 sq. ft.
Health Center – 20,387 sq. ft.
None
Minimum Lot Width 60 ft. -
Senior Housing – 500 ft.
Health Center – 145 ft.
None
Minimum Front Setback 0 ft. 10 ft.
Senior Housing – 15.5 ft.
Carports – 10 ft.
Health Center – 14 ft.
None
Minimum Interior Side
Setback 0 ft. 0 ft.
Senior Housing – 46 ft.
Carports - 0 ft.
Health Center – 44.5 ft.
None
Minimum Street Side
Setback 0 ft. - n/a None
Minimum Rear Setback 0 ft. 0 ft.
Senior Housing – 143.5 ft.
Carports – 35 ft.
Health Center – 46 ft.
None
Maximum Lot Coverage 60% of Lot Area 80% of Lot Area
Senior Housing – 44%
Health Center – 20% None
Floor Area Ratio 0.50 0.50
Senior Housing – 0.89
Health Center – 0.37
Two Alternatives:
(1) CC4 zone allows the
applicant to seek exception to
FAR (up to 2.0 FAR) for a senior
project.
(2) State Density Bonus Law
Development Standards
Waiver (GC 65915 (d) and (e))
Residential Density (dwelling
units per acre) - 45 dwelling units per acre
Senior Housing – 40.6 dwelling
units per acre
Health Center – n/a
None
Height Limitation
45 ft. Top of Roof;
37 ft. Plate;
3 Stories
45 ft. Top of Roof;
37 ft. Plate;
3 Stories
Senior Housing:
Building 1
Max. Height (4th Story) – 51’-6”
Max. Plate (4th Story) – 43’-3”
# of Stories – 3 & 4
Building 2
Max. Height – 49’-6”
Max. Plate – 40’-4”
# of Stories – 3 & 4
Health Center:
Top of Roof – 32’-6”’
Plate – 26’
# of Stories – 2
State Density Bonus Law
Development Standards
Concession or Incentive (GC
65915 (d))
Elevator Shaft Height
51 ft. (6 ft. above maximum
building height of 45 ft. per
Table 17.24.080B, SC
Zoning Code – Section
17.24.080)
51 ft. (6 ft. above maximum
building height of 45 ft. per
Table 17.24.080B, SC
Zoning Code – Section
17.24.080)
Senior Housing:
Building 1
Elevator Shaft – 56’-2”
Building 2
Elevator Shaft – 57’-9”
Health Center:
Elevator Shaft – less than 45 ft.
Senior Housing:
State Density Bonus Law
Development Standards
Waiver (GC 65915 (d) and (e))
Health Center: None
Parking Medical Office - 1 space per
200 sq. ft.
Manager’s unit – 2 spaces
per unit (uncovered)
Senior units – 1 space per
unit (covered)
Guest Spaces – 1 space per
5 units or 0.2 spaces per
unit (Manager’s & Senior
units)
Senior Housing:
Manager’s unit – 2 spaces per
unit (uncovered) / 2 spaces
Senior units – 1 space per unit
(covered) / 249 covered spaces
Guest Spaces – 0.092 space per
unit (Manager’s & Senior units) /
23 spaces*
Health Center:
1 space per 200 sq. ft. /
38 spaces*
*Shared Parking (Senior Guest
Spaces & Health Center):
61 shared spaces
Two Alternatives:
(1) Exceptions to parking
requirements substantiated by
a parking study may be
approved through the
discretionary review required
for a senior housing project (SC
Zoning Code - Section
17.28.280);
Shared Parking (SC Zoning
Code -Section 17.64.120
(2) State Density Bonus Law
Development Standards
Waiver (GC 65915 (d) and (e))
Percentage of Total Parking
Area to be Landscaped (50+
stalls)
12% 12% 12% None
Open Space (Design
Guideline)**
** Not a zoning requirement
-
Private Open Space: 100 sq.
ft. per unit / 25,000 sq. ft.
Group Open Space: 100 sq.
ft. per unit / 25,000 sq. ft.
Private Open Space: 14,610 sq.
ft.***
Group Open Space: 35,590 sq. ft.
Total Open Space: 50,200 sq. ft.
***200 units have private open
space
Two Alternatives:
(1) Design Guidelines allow for
common/group open space to
be substituted for 64 sq. ft. of
the 100 sq .ft. of private open
space per unit.
(2) State Density Bonus Law
Development Standards
Waiver (GC 65915 (d) and (e))
ATTACHMENT 21