These minutes will be considered for approval at the Planning Commission meeting of 11-16-2022.
MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
November 2, 2022 @ 6:00 p.m.
San Clemente City Hall 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 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.
2. PLEDGE OF ALLEGIANCE
Chair pro tem Camp led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D. Karen Prescott-Loeffler; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: None
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
Christopher Wright, Associate Planner II
Kyle Webber, Assistant Planner
Matthew Richardson, Assistant City Attorney
Ryan Stager, Deputy City Attorney
Eileen White, Recording Secretary
4. SPECIAL ORDERS OF BUSINESS
None
Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 2
5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of October 19, 2022.
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,
SECONDED BY COMMISSIONER MCCAUGHAN AND CARRIED 5-0-2,
WITH CHAIR PRO TEM CAMP AND VICE CHAIR COSGROVE
ABSTAINING, TO RECEIVE AND FILE THE MINUTES FROM THE
OCTOBER 19, 2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED.
6. ORAL AND WRITTEN COMMUNICATION
Mayor Gene James commended the Commission for its hard work, thoughtful comments, and fearlessly steadfast actions on the recent Memorial Care project proposed for Camino De Los Mares. Council elected to ignore the Commission’s suggestions and recommendations. Unfortunately, the City is not in a position to deny the project, and he is hopeful the City is never placed in such a vulnerable position again.
7. CONSENT CALENDAR
None
8. PUBLIC HEARING
A. Cultural Heritage Permit 21-332, Encroachment Permit 22-317, Wach Historic Duplex, 161 West Marquita (Wright)
A request to consider the rehabilitation, exterior alterations and a minor 10 square-foot addition to a duplex and garage, and site improvements including a wall within the public right-of-way. The site is on the City’s List of Designated Historic Resources at 161 West Marquita.
Christopher Wright, Associate Planner II, narrated a PowerPoint Presentation, entitled, “Wach Duplex, CHP 21-332, ENC 22-317,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.
Christian Wach, the applicant, advised that previously undetected dry rot was found during minor renovations, triggering the proposed permits. He intends to preserve and restore the original appearance of the structures as much as possible.
Chair McKhann opened the public hearing.
Shane Hirschman, neighbor across the street from the subject site, supported the request and suggested potential mitigations to support/decrease wildlife in the area.
Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 3 Chair McKhann closed the public hearing.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, 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
2) Adopt Resolution PC 22-024, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CULTURAL HERITAGE PERMIT 21-332,
ENCROACHMENT PERMIT 22-317, WACH DUPLEX, A REQUEST
TO ALLOW THE REHABILITATION, EXTERIOR ALTERATION, A
MINOR ADDITION TO A HISTORIC STRUCTURE, AND SITE
IMPROVEMENTS, INCLUDING A WALL WITHIN THE PUBLIC
RIGHT-OF-WAY, ON A SITE LOCATED AT 161 WEST MARQUITA.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] B. Specific Plan Amendment (SPA) 21-229 – Specific Plan Amendments for Forster Ranch, Marblehead Coastal, Marblehead Inland, Rancho San Clemente, Talega (Webber)
A public hearing to consider forwarding a recommendation to the City Council on City-initiated amendment to the Talega, Rancho San Clemente, Forster Ranch, Marblehead Inland, and Marblehead Coastal Specific Plans.
Kyle Webber, Associate Planner, narrated a PowerPoint Presentation entitled, “Planning Commission, Specific Plan Amendment 21-229, Talega, Rancho San Clemente, Marblehead Inland, Marblehead Coastal, and Forster Ranch,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.
In response to questions from the Commissioners, Associate Planner Webber advised that all “minor” repair services have been identified in the document, and that any not listed as “minor” will be considered “major” and subject to requirements in the major repair services category; the proposal to require vehicle repair facilities to be located 1,000 feet away from residential homes is to set a standard and prohibit visual nuisance.
Deputy Director Atamian advised the City dutifully regulates its storm drain protection policies as they relate to storm water quality due to State permit regulations. Code Compliance responds to any unpermitted storm-drain discharges reported.
Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 4 Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.
Discussion ensued regarding potential to reduce to 600 feet the distance between vehicle repair facilities and residential uses. A straw vote indicated the majority preferred the staff recommended 1,000 feet separation.
Additionally, the ensemble discussed waste disposal and storm drain issues, which are the responsibility of the Utilities Department.
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,
SECONDED BY VICE CHAIR COSGROVE, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. PC 22-020, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 21-229, UPDATING SPECIFIC PLANS FOR
TALEGA, RANCHO SAN CLEMENTE, MARBLEHEAD INLAND,
MARBLEHEAD COASTAL, AND FORSTER RANCH FOR CONSISTENCY
WITH THE CENTENNIAL GENERAL PLAN, ZONING CODE, AND COASTAL USE PLAN.
Amended as follows:
Staff to further investigate the issue of the volume of hazardous materials with the appropriate department and make recommendations to City Council. [ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
C. Housing Element Rezoning Program – Zoning Code Amendments to be Consistent with State Housing Laws (Toma/Savage)
A public hearing to consider forwarding a recommendation to the City Council on the proposed ordinances listed below, which amend various provisions of the San Clemente Municipal Code (SCMC) to effectuate revisions contemplated by the City’s Sixth Cycle Housing Element. The proposed ordinance’s subject to the public hearing are as follows:
An ordinance amending SCMC Section 17.24.070 regarding density bonuses and other affordable housing incentives required by state law. This ordinance is exempt from the California Environment Quality Act (CEQA) pursuant to sections 15358, 15303, and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3).
An ordinance amending SCMC Section 17.56.100 to comply with AB 139 regarding parking requirements for emergency shelters. This ordinance does not qualify as a “project” under CEQA (State of California Guidelines, §15378(a)) and, in the alternative, is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 5 An ordinance updating SCMC Section 17.28.270 regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in state laws. This ordinance is exempt from CEQA under California Public Resources Code Section 21080.17.
An ordinance amending various sections of the SCMC to ensure consistency with state law regarding low barrier navigation centers. This ordinance is exempt from CEQA pursuant to sections 15606(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.
An ordinance amending various provisions of the SCMC to ensure consistency with state law regarding supportive and transitional housing. This ordinance is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines. An ordinance amending various provisions of the SCMC regarding residential care facilities. This ordinance is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.
Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Zoning Ordinances Implementing the City’s Sixth Cycle Housing Element, ZA 22-369,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.
Senior Planner Toma reviewed the proposed changes, which are mandated by recently adopted State/Assembly Bills.
Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.
During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
Established with Ryan Stager, Deputy City Attorney that the proposed changes in the City’s codes refer to existing State laws and will automatically be updated without needing amendments in the event State laws are modified.
The City is being forced to comply with the State law mandates, and many negative consequences would follow if the City does not comply. Established with Cecilia Gallardo-Daly, Community Development Director that the City’s approved Housing Element requires the City comply with State law.
The City is required by the State to submit a breakdown of the different housing types constructed.
State law may be modified in response to the various court cases currently challenging the mandates.
Suggested the City utilize existing Public Health and Safety provisions to deny/require modifications on projects not providing adequate parking. Requested staff provide alternative options during presentations for projects using the State-mandated provisions.
Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 6 Commended those that served on the Centennial General Plan Update adhoc committee, as well as previous Planning Commissioners and City Councilmembers who worked diligently to control and manage growth in the past; requested Planning staff provide thorough and compelling information at both Planning Commission and City Council level so that all are aware of any potential alternatives or options available.
Commented that although staff expended much time and effort to guide the Memorial Care Project, it was the bonus density issue that allowed the project to prevail.
IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL AND CARRIED 5-2-0, WITH COMMISSIONER PRESCOTT-LOEFFLER AND COMMISSIONER DAVIS OPPOSED, TO:
1. Adopt Resolution no. PC 22-025, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.24.070 OF THE SAN CLEMENTE
MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER
AFFORDABLE HOUSING INCENTIVES AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
2. Adopt Resolution no. PC 22-026 entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.56.100 OF THE SAN CLEMENTE MUNICIPAL CODE TO COMPLY WITH ASSEMBLY BILL 139 REGARDING
PARKING REQUIREMENTS FOR EMERGENCY SHELTERS AND FINDING
THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
3. Adopt Resolution no. PC 22-027, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.28.270 OF THE SAN CLEMENTE
MUNICIPAL CODE GOVERNING ACCESSORY DWELLING UNITS TO
COMPLY WITH CHANGES IN STATE LAW AND FINDING THE ACTION TO
BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).”
4. Adopt Resolution no. PC 22-028, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING VARIOUS PROVISIONS OF THE SAN
CLEMENTE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE
LAW REGARDING LOW BARRIER NAVIGATION CENTERS AND FINDING Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 7
THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).”
5. Adopt Resolution no. PC 22-029, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING VARIOUS PROVISIONS OF THE SAN
CLEMENTE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE
LAW REGARDING SUPPORTIVE AND TRANSITIONAL HOUSING AND
FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”
6. Adopt Resolution no. PC 22-030, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING) OF THE SAN CLEMENTE
MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND
FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”
7. Determine the project is Categorically Exempt from the requirements of the State CEQA Guidelines as set forth in the resolutions.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
9. NEW BUSINESS
None
10. OLD BUSINESS
None
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waiver Memo and Reports
Deputy Director Atamian announced Study Sessions at 5:00 p.m. on November 16, 2022, from Transportation Engineering and one on December 6, 2022, on State Bills and how that information is presented to the Planning Commission; suggested any information discovered by Commissioner(s) should be forwarded to staff for them to disseminate to the rest of the Commission; noted a demonstration of the Trak-It update is on the Commission’s Tentative Future Agenda and will be timed to coincide with the update going live. The Commissioners requested staff provide a general review of the State Bills at the December 6, 2022 meeting, as well as detailed Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 8 explanations in the staff reports on future projects utilizing the State-mandated provisions; requested that for large projects, staff provide resolutions for each applicant of the project rather than one vote; requested staff provide information by email regarding what other cities are doing in response to the State mandates.
Reports received and filed.
12. ADJOURNMENT
IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN AT 7:48 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON NOVEMBER 16, 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