Agenda packet — San Clemente City Council, December 6, 2022 (part 2 of 4)

B. ENVIRONMENTAL REVIEW
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All applications for discretionary review and approval shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines and City procedures.

C. LOCAL COASTAL PROGRAM
A portion of Sector G of the Forester Ranch Specific Plan is within the Coastal Zone, therefore applications are reviewed according to the California Coastal Act of 1976 as amended and contained in the California Public Resources Code (Section 30000 et seq.). The Local Coastal Program for the Forster Ranch area includes land use policies in the Coastal Land Use Plan (LUP) and regulations and procedures within this Specific Plan and the Zoning Ordinance.

The City does not have an Implementation Plan (IP). The City is preparing an IP for public review and City Council consideration, and Coastal Commission certification.

Until IP certification is complete, this Specific Plan and the Zoning Ordinance function as implementation plans for the Pier Bowl area.

D. TENTATIVE MAPS
Applications for approval of Tentative Tract and Tentative Parcel Maps shall be reviewed in accordance with the City’s most current Subdivision Ordinance (Chapter 35 of the Municipal Code). Preliminary grading concept plans shall be approved in association with approval of a Tentative Map. Grading concept plans shall be reviewed for consistency with this Specific Plan. The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

E. SUBDIVISION ORDINANCE
Subdivisions, lot mergers, lot line adjustments, and corrections shall be reviewed according to State law and the City’s Subdivision Ordinance. Preliminary grading concept plans shall be approved in association with approval of a Tentative Map.

Grading concept plans shall be reviewed for consistency with this Specific Plan. The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

F. INTERPRETATIONS
Development standards and uses not specifically addressed in this Specific Plan are subject to the Zoning Ordinance in Title 17 of the San Clemente Municipal Code (SCMC 17). If the standard or use is also not specifically addressed in the Zoning Ordinance, Municipal Code Section 17.04.040 (SCMC 17.04.040) governs. In addition to general findings required for interpretations in SCMC 17.04.040, the review authority shall find the interpretation is consistent with LUP land use policies. 389
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G. GRADING
If grading is proposed, a grading permit shall be required depending on the amount and nature of work proposed. Grading permits are required to ensure grading is completed according to State law, the Municipal Code, and the City’s Grading Manual.

H. ARCHITECTURAL PERMITS
All applications for development within the Forster Ranch Specific Plan shall be subject to the requirements of an Architectural Permit in accordance with the Zoning Ordinance. The purpose of the Architectural Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Architectural Permits Section of the Zoning Ordinance. The City may impose specific conditions on Architectural Permits in addition to the requirements of this Specific Plan.

I. SITE PLAN PERMITS
Except for custom homes on individual lots, applications for development within the Forster Ranch Specific Plan , shall be subject to the requirements of a Site Plan Permit according to the Zoning Ordinance. The purpose of the Site Plan Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Site Plan Permits Section of the Zoning Ordinance. The City may impose specific conditions on Site Plan Permits in addition to the requirements of this Specific Plan. Applications for anything other than new development shall be reviewed and processed in accordance with the Zoning Ordinance requirements for Site Plan Permits or Minor Site Plan Permits as determined by the Zoning Ordinance.

J. SIGNS
Sign applications shall be processed in accordance with the City’s Sign Ordinance and the Sign Program for the site.

K. MINOR ADMINISTRATIVE ADJUSTMENTS
Where specifically permitted in Section 5, Development Standards, the City Planner may approve minor adjustments to development standards. Adjustments made to development standards must be consistent with the intent of the design guidelines.

L. OTHER APPLICATIONS
All other permits not identified by this Specific Plan shall be processed according to the Zoning Ordinance, including but not limited to, Conditional Use Permits, Variances, and Discretionary Sign Permits.
603 AMENDMENTS TO THE SPECIFIC PLAN
Amendments to this Specific Plan shall be reviewed and processed in accordance with the Zoning Ordinance, or the Implementation Plan following its certification by the Coastal Commission. If land use policy or map changes are required, a General Plan 390
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and Coastal Land Use Plan amendment shall be reviewed according to the Municipal Code. If the City Planner determines that a General Plan Amendment is required, said application shall be reviewed and processed in addition to the Specific Plan Amendment in accordance with the Zoning Ordinance.
604 ENFORCEMENT
This Specific Plan promotes orderly development and the zoning for the Forster Ranch area. Consistent with the Municipal Code, any violation of the standards and regulations identified in the Specific Plan adopted by the City Council shall be considered a violation of the Zoning Ordinance.
605 SEVERABILITY
In the event that any plan, diagram, regulation, condition, program, or other portion of this Specific Plan is held invalid by a court of competent jurisdiction, such portion(s) shall be deemed separate, distinct, and independent provisions of the Specific Plan and the invalidity of such provisions shall not affect the validity of the remaining provisions of the Specific Plan.

Section 53. Forster Ranch Specific Plan, Chapter 7, Definitions, is amended to modify the definition for Agricultural Uses in its entirety as follows:
“Agricultural Uses” shall mean farming, including all types of agriculture and horticulture, grazing, and small animal farms not including commercial kennels, poultry farms, or dairies. Cannabis growing operations are not considered an agricultural use.
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Specific Plan Amendment 21-229
Marblehead Coastal Specific Plan
Section 1. Marblehead Coastal Specific Plan, Cover Page (pages 1 &2), is amended to update document’s last amendment date, current City Council and Planning Commission, and remove reference to Planning Consultants and City Staff.

Section 2. Marblehead Coastal Specific Plan, Section 105 (III), Marblehead Coastal Planning History, is amended to provide history on Specific Plan Amendments (SPA) 21-229, and adds the following as a final paragraph:

In December 2022, SPA 21-229 addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049). General Plan Amendments GPA 13-043 and GPA 15-049 modified land use designations in the Marblehead Coastal Specific Plan from General Open Space (OS3) to Private Open Space (OS2), Regional Serving Commercial (RC1) to Regional Commercial (RC), and Coastal/Recreation Serving Commercial (CRC1) to Coastal and Recreation Serving (CRC).

Section 3. Marblehead Coastal Specific Plan is amended in its entirety to modify all references to General Open Space (OS3) as Private Open Space (OS2), Regional Serving Commercial (RC1) as Regional Commercial (RC), and Coastal/Recreation Serving Commercial (CRC1) as Coastal and Recreation Serving (CRC), including all text, exhibits, and figures within the document. Modified exhibits include the following as listed and shown below:
 Exhibit 1-4, General Land Use Designations
 Exhibit 2-1, Master Land Use Plan
 Exhibit 2-3, Open Space Features
 Exhibit 2-10, Landscape Concept Plan
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Section 4. Marblehead Coastal Specific Plan, Section 103, Relationship to Other City Planning Documents, is amended in its entirety to read as follows:

This Specific Plan is a tool for the implementation of General Plan long-term goals and policies for achieving San Clemente’s vision. It guides growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. The General Plan is made up of thirteen elements: Land Use; Urban Design; Historic Preservation; Economic Development; Mobility and Complete Streets; Housing, Beaches, Parks and Recreation; Natural Resources; Coastal; Safety; Public Services, Facilities and Utilities; Growth Management; and Governance. Separately, the City more regularly adopts updates to the State mandated Housing Element. The City also has a Climate Action Plan (CAP) that links with the General Plan.

Section 4. Marblehead Coastal Specific Plan, Section 106, General Plan and Zoning, is amended to remove bullet point section, OS3: General Open Space, in its entirety.
 OS3: General Open Space – Publicly owned open space limited to open space preservation areas, infrastructure, athletic fields, and access roads and parking.

Section 6. Marblehead Coastal Specific Plan, Section 202, Master Land Use Plan, amends the descriptive sentence of Exhibit 2-2, Illustrative Site Plan, in the first paragraph to replace “general open space” with “public and private open space” Section 7. Marblehead Coastal Specific Plan, Section 202 (III), Residential Neighborhoods, is amended to clarify single-family housing in Planning Areas 2A and 2B are planned to provide 4.5 dwelling units per gross acre.

Section 8. Marblehead Coastal Specific Plan, Section 203, Affordable Housing Program, is amended to be re-written in its entirety as follows:

New residential development in the Marblehead Coastal Specific Plan area shall be consistent with policies and programs in the City’s Housing Element. As required by San Clemente’s Housing Element Inclusionary Housing Program (per Section 17.24.120), the development project in Marblehead Coastal was conditioned during the application review process to provide a minimum of 15 percent of the units built as affordable housing units. The project proposed a buildout of 313 dwelling units requiring up to 47 affordable units under these provisions. Compliance with the City’s Inclusionary Housing Program affordable housing requirement was satisfied through payment of in-lieu fees. The Affordable Housing Agreement was executed on February 2nd, 2006. The following Housing Element programs highlight affordable and senior housing development policies as of December 2022:

I. INCLUSIONARY HOUSING
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The Housing Element inclusionary housing program (implemented by Zoning Ordinance Section

17.24.120) requires developers of six or more units to set aside four percent of the total number of units for households earning 50 percent or less of the median income. This affordable requirement can be provided either on‐site, off‐site, or through the payment of an in‐lieu fee or provision of land. The in‐lieu fee option was intended primarily for small to midsize in‐fill developments or subdivisions where insufficient land exists to provide both for‐sale and rental units.

II. DENSITY BONUS AND OTHER INCENTIVES
The City provides density bonus and other housing regulatory incentives in Zoning Ordinance Section 17.24.070 to implement California Government Code Section 65915 for affordable housing projects. When an applicant seeks a density bonus for a housing development or for the donation of land for housing in the City, then the City shall provide the applicant with incentives or concessions for the production of housing units. The incentives or concessions are limited in that they shall not adversely impact coastal access, public recreation, community character, any other sensitive coastal resource, or any other resource governed by Chapter 3 of the Coastal Act. For further details on these provisions, please refer to State Government Code Section 65915 and Zoning Ordinance Section 17.24.070.

Section 9. Marblehead Coastal Specific Plan, Section 204, Parks, Open Space, and Recreation Trails, is amended to remove the first sentence as read below:

The General Plan requires that 30 percent of the site be preserved as open space.

Section 10. Marblehead Coastal Specific Plan, Section 204 (I (a), GENERAL OPEN SPACE (Jim Johnson Memorial Sports Park), is amended to be retitled as “PRIVATE OPEN SPACE (Jim Johnson Memorial Sports Park)”, with subsequent subsections renumbered to adjust for the change, and referred to as “Private” rather than “General” open space.

Section 11. Marblehead Coastal Specific Plan, Section 207, Landscape Concept, is amended to refer to the most updated General Plan document, Mobility and Complete Streets Element, and State Model Water Efficiency Ordinance (MWELO), by title only.

Section 12. Marblehead Coastal Specific Plan, Section 301 (II), Use of Guidelines, is amended in its entirety to read as follows:

The design guidelines in this Chapter are used in conjunction with the City’s Design Guidelines. First, the design guidelines in this Chapter are used as the primary reference for desired design principles in the Marblehead Coastal area. Then, when this Chapter does not address a site design, grading, landscaping, or architectural design topic, the City’s Design Guidelines should be used as a reference to design projects.

The Marblehead Coastal design guidelines are used to design and evaluate projects that are subject to design review through a discretionary permit process, according to Chapter 6. This includes but is not limited to projects involving new development, certain signage, and additions or major exterior modifications to existing structures. When projects do not require a discretionary permit, the City recommends these design guidelines be followed, but a decision is not made on a project based on consistency with design guidelines.

Design guidelines describe desired principles for designing projects that implement the General Plan and urban design program. The guidelines also provide a framework for decision-makers to evaluate design and make the necessary findings for design-related decisions. The Design guidelines should assist design efforts 398
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to meet or exceed the City’s quality standards. More specifically, the objectives of the Design guidelines are to:
 Preserve and strengthen San Clemente's unique atmosphere and historic identify as the “Spanish Village By The Sea.”
 Help implement the grading, land use, landscape, and other concepts described in Chapter 1.  Define a consistent approach to site planning, architecture, streetscape, lighting, landscaping, and other design elements to achieve visual harmony within the Marblehead Coastal area.  Preserve significant natural coastal zone features and develop pedestrian/open space linkages within and between neighborhoods.
 Recognize the unique character, constraints, and opportunities of the Marblehead Coastal area.  Maintain and enhance public view corridors.

Section 13. Marblehead Coastal Specific Plan, Section 302 (V), Scenic Views, is amended to refer to public vistas as “public view corridors” as identified in Chapter 2 of the Specific Plan document.

Section 14. Marblehead Coastal Specific Plan, Section 303 (II, D), Signs, clarifies a Master Sign Program shall be provided for proper review when considering signage proposed in commercial centers.

Section 15. Marblehead Coastal Specific Plan, Section 304, Landscape Guidelines, is amended in its entirety to read as follows:

I. INTRODUCTION
Landscaping is an important component of the urban-design fabric; to a large extent, it establishes the overall site character. Well-conceived plantings can do much to transform an otherwise dull and barren site into a more useful, comfortable, and pleasant place. It also softens the visual image of architecture or development. A common landscape theme helps create a sense of place; it can provide areas for public activity by creating attractive spaces to enjoy views, relax, and recreate.

The three primary goals for Marblehead Coastal Landscape Guidelines are to:
1) Enhance the areas "Spanish-Village" character,
2) Create a sense of arrival, and
3) Maintain and enhance public view corridors.

A. “Spanish Village” character - The landscape and streetscape concept, described in this Chapter, will maintain and enhance the "Spanish Village" character of Marblehead Coastal.

Plant materials should be consistent with traditional plantings found at California Missions or in association with Spanish Colonial Architecture such as palms, flowering trees and vines, drought-tolerant plants, and succulents.

B. Sense of arrival - The streetscape should create a "sense of arrival" at key intersections entering the Marblehead Coastal area. This goal is accomplished by creating focal areas, or entries, at key intersections along the main circulation routes. These entries are made 399
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"focal" by highlighting the location with highly noticeable plant material, gateway structures, street furniture, or other spatial enhancements which signify changes in location, direction, or importance, in other words, gateways are created. The intent then is that the user notices the change from outside to inside, recognizes it as the gateway, and has the desired "sense of arrival."
C. View corridors - A goal of the Specific Plan is to maintain and enhance public view corridors while allowing tree planting that supports and directs the streetscape. Public view corridors are shown on Exhibit 2-11 in Chapter 2. These views should be enhanced, directed, or protected by the planned streetscapes. The relative positioning of street trees, as well as the types selected, will allow windows of view in the key areas, as needed. Street trees are chosen, in part, for their respective character of becoming a manageable, mature size.

II. ORNAMENTAL LANDSCAPE ELEMENTS
A. Slope Landscaping - Major slope banks should be graded and landscaped to reflect the appearance of natural slopes in the area. Shrubs should be arranged in broad informal masses. These masses should be built up to produce a "mounding" or textured appearance on the slope surface similar to natural slopes. Trees used on slopes should be of rounded, less vertical species. They should be planted in informal groupings on the lower half of the slope to visually reduce the height of the slope when viewed from below, without blocking views from the top.

B. Parking Area Screening - Parking and circulation areas should be screened from the street by means of landscaping and berming in order to shield views of cars and paving, while promoting views of buildings on the site. Trees should be planted throughout the parking areas to soften the visual impact of large expanses of asphalt. Opportunities to add tree canopies for shade without obstructing public view corridors are encouraged.

C. Parking Structure Screening - Parking structures shall have plant material used on the perimeter of the structure to soften the visual impact of the structure from offsite views, consistent with the Habitat Management Plan. This plant material should reflect the open space natural plant communities as they currently occur on the site, with the additional use of ornamental screening plantings within 15 feet of the structure.

E. Decorative Paving - Decorative paving at project entries and interior project pedestrian areas should be used. Decorative paving should consist of brick, tile, pavers, stamped concrete, or similar materials.

F. Street Trees - Street trees should be provided in front yards on local and collector streets at an average ratio of one tree per every 30 feet of frontage, in order to provide a shade canopy along street edges and visually soften the effect of buildings and hardscape as viewed from the street. Trees should be a minimum of 15 gallons in size and should be planted within 15 feet of the sidewalk (or curb where there is no sidewalk). Preferred species must be selected per Coastal Commission requirements for Public Roads (Avenida Costa Azul and Via Artemesia) – See Appendix D1 and Private Roads – See Appendix D2 in Landscape Design Guidelines Book, dated December 23, 2005.
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G. I-5 Landscape Treatments for Project Perimeter - Landscape treatments along the project perimeter will utilize ornamental and native plantings. This treatment is encouraged to soften the potential visual impacts and to comply with the Habitat Management Plan.

Landscape treatments shall be used to screen some areas, while enhancing and preserving some view corridors in other areas. There are existing small segments of views, which lead into the commercial center. The applicant shall work with Caltrans to preserve, if feasible, the existing eucalyptus trees within the Caltrans right-of-way adjacent to the proposed regional commercial center.

1. Screening - The utility area and rear of building which face the I-5 Freeway shall be screened with plants. Wherever possible, trees should be planted which grow to exceed the height of the building to break up the long horizontal lines.

2. Buffer Area - A landscape buffer shall be provided adjacent to I-5, having a minimum width of 5 feet from the I-5 right-of-way.

H. Landscape Adjacent to Commercial Buildings - Commercial buildings may have a landscape area immediately adjacent to the front and sides of buildings except for loading and service areas. These areas shall be considered in meeting the overall 15 percent site landscape area requirement. Covered walkways, patios, courtyards, and landscape areas may be counted toward the total landscape requirements.

I. Commercial Pedestrian Plaza Treatments - San Clemente has the potential to develop courtyards for pedestrians, which take advantage of the City’s exceptional climate. If possible, it is preferable that the courtyards be partially visible from the street and surrounding commercial/retail areas. Courtyard treatments will be used for pedestrian areas consisting of decorative paving and landscaping. The total courtyard area shall count toward the landscape requirements.

1. The Entertainment Court - Entertainment facilities, retail shops, and restaurants shall be provided at the edges of the Entertainment Court. Blank walls or dead spaces without pedestrian interest shall be minimized. The design of the courtyard may provide a choice of sunny and shaded areas, variety of texture and color, movable seating and table (for outdoor eating), and a focal point object.

2. The Retail Promenades - The Retail Promenade walk system located in front of the retail stores will be primarily made of various forms of decorative concrete, with landscape planters and movable pots to create people spaces. Outdoor furniture shall be located at convenient locations.

3. The Restaurant Plazas - The Restaurant Plazas shall primarily be established as outdoor eating areas. These plazas shall maximize ocean vistas whenever possible.

The design of these plazas shall be similar to the Entertainment Plaza, yet on a smaller scale for single or double users.

J. Transition from Off-Ramp Planting - The landscape at the Avenida Vista Hermosa and I5 off-ramp will follow the landscape concept of Palms, and Bougainvilleas, transitioning into the commercial center parkway landscape for the first 300 feet.

K. Commercial Landscape Screening and Buffers - Landscape screening and buffers are necessary to provide a visual barrier between utility structures and functions (i.e., loading areas) and off-site areas. A landscape screen may consist of walls with landscaping, or massings of trees, shrubs, and groundcover planters in key areas along the perimeter of the development to mitigate unfavorable views from off-site. 401
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L. Commercial Landscape Area Requirements - A minimum of 10 percent of the site area shall be landscaped. This percentage includes landscape buffers within the site (adjacent streets and highways), landscape islands, tree wells and other landscape planting areas within the site, landscape easements, and hardscape outdoor pedestrian areas.

M. Commercial Parking Lot Landscape Treatments - Parking areas shall be broken up by a combination of building placement and landscape planting (primarily trees for visually screening). Landscape planting in parking areas shall be located in planter areas (landscape islands and tree wells), which are bounded by concrete curbing (minimum 6 inches high).

Tree wells in parking areas shall have a minimum size of 5 feet by 5 feet (outside curb dimension). Landscape islands and tree wells shall contain trees, shrubs and groundcover.

1. Landscape Areas - The landscape areas within the parking lot shall contribute to the overall 15 percent landscape area requirement for the site (landscape area calculated based on net site area excluding building footprints). No specific landscape area percent is designated exclusively for the parking lot area.

Landscape fingers with a minimum width of 5 feet to the outside curb shall occur at the end of all parking stall runs, except at pedestrian paved areas.

2. Tree Requirements - A minimum of one 15-gallon tree shall be provided for every 10 parking stalls on average. Due to the unique view opportunities of this site, palm trees shall be counted toward the tree count requirement. Clustering of parking lot trees to allow for view corridors shall be encouraged where appropriate.

3. Tree Selection - Trees used within the parking lot shall be from the Marblehead Commercial parking lot plant palette or approved by the City Planner. A consistent emphasis on view, coordination, clustering, and circulation shall be realized within the tree layout.

4. Shrub Selection - Shrubs within the parking areas shall be over 8 inches in height, but not exceed 36 inches in height, so as not to obstruct auto visibility. All parking lot tree planters shall also contain shrubs.

5. Groundcover Use - Groundcover plant material is not required in tree wells if there are adequate shrubs for eventual full coverage of groundcover areas.

6. Tree Well Irrigation - Drip irrigation is encouraged in tree well areas.

7. Parking Lot Screening - Along Avenida Vista Hermosa, parking areas for the commercial development shall be screened from the street by means of landscape planting or berming in the landscape buffer. A continuous screen 30 inches in height should be formed by the use of plants or berms. Shrubs should be 30 inches in height after 2 years growth, and should be spaced in massed plantings so that branches inter-twine.

III. SCENIC HIGHWAYS
A. Parkways Within the Right-of-Way - In accordance with the Master Landscape Plan for Scenic Corridors, landscaped parkways adjacent to scenic highways should generally be 15 to 20 feet in width. Bikeways may be placed within or outside these parkways.

Sidewalks may be adjacent to the curb or may meander through the parkways. Such specific design considerations will be approved by the City at the project level of review.

Scenic highway cross-sections for Avenida Vista Hermosa, Avenida Pico, and El Camino Real are as shown on Exhibits 4-1 and 4-2.
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B. Plant Palette - Plant materials utilized in scenic highway medians and parkways should be consistent with the Landscape Guidelines approved by the Coastal Commission and landscape theme described in Chapter 2, reflecting the City’s “Spanish Village By The Sea theme.”
C. Wall Adjacent to Scenic Corridors - Masonry or stucco walls or view fences (e.g. wrought iron) should be used adjacent to scenic highways instead of wood fences. Designs should incorporate colors, materials, and finishes that blend with the surrounding environment.

Wall standards are as follows:

1. Materials and general appearance are to be consistent on both sides of Avenida Vista Hermosa.

2. Setbacks for walls should vary to add interest to the streetscape. Long straight stretches of wall are to be avoided. Walls may be opened up at select locations with panels of wrought iron, tubular steel, or similar materials.

3. Wall heights should be less than 6 feet wherever feasible.

4. Landscaping should be integrated into wall design to soften appearance.

IV. FUEL MODIFICATION
A fuel modification zone is a wide strip of land where flammable native vegetation is removed or thinned, and partially or totally replaced with drought tolerant, fire resistant plants. The many variables involved with fuel modification make precise regulations for general application infeasible. Therefore, each project must be reviewed for its particular needs. These guidelines may be modified in areas where unique conditions or biological resources exist, subject to review and approval of the Fire Marshall.

Fuel modification generally consists of a wet zone and one or more thinning or fuel modification zones. The wet zone, also referred to as the irrigation zone, generally extends from the edge of a graded pad or the limit of an area where storage of combustible materials or combustible structures may be located. The project wet zone will vary (when needed), and planted only with fire resistant plants and permanently irrigated. The thinning zone is not needed on most of this project because slopes are not expansive and the project is not adjacent to wildland conditions. Plant selection should comply with the Fuel Modification Standards of the Orange County Fire Authority and with requirements of the California Coastal Commission. The Habitat Management Plan and the Landscape Concept for the residential and commercial Site Plans identify specific standards and locations for fuel modification for this project.

V. STREETSCAPE GATEWAYS
The Marblehead Coastal area is accessed from outlying neighborhoods and I-5 Interstate Freeway by primary and secondary arterial routes shown on Exhibit 3-3. Street intersections at these primary and secondary intersections should be improved with design elements that provide a “sense of arrival” and create a first impression of Marblehead Coastal’s character.

A. Primary gateway - The primary gateway intersection is located outside the Marblehead Coastal Specific Plan where the offramp to the I-5 Interstate Freeway enters the primary circulation route (West Avenida Vista Hermosa), eventually leading to Avenida Pico, the area’s other primary arterial route. Entering the Marblehead Coastal area along West Avenida Heromsa is the primary, most traveled gateway to Marblehead Coastal. As the 403
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main gateway to the area, the intersection should have design features that create a "sense of arrival” bold enough to capture the attention of people traveling to the area.

B. Secondary gateways - Secondary gateways exist along the primary arterial routes of West Avenida Hermosa. When entering the area through the primary gateway, visitors will pass through the secondary gateway and intersection where the entrances of Jim Johnson Memorial Sport Park and Outlets of San Clemente are located, then eventually the secondary gateway at the intersection of Via Canon Verde leading to a separate entrance to the Outlets of San Clemente. These intersections are secondary entries. The secondary circulation routes are important to identify and highlight with special design features; again, to create the "sense of arrival," as well as to visually define the boundaries of the area. Secondary entries are important but less in scale than the primary gateway.

VI. CRITERIA FOR PLANT SELECTION
Plantings should be consistent with the following planting guidelines so landscape and streetscape designs fit with the desired landscape concept for the Specific Plan. Plant types and landscape plants are reviewed by the City for consistency with this Specific Plan and Local Coastal Program as a part of the project approval process.

A. Plants (non-native, non-invasive), which are consistent with the City’s Spanish Village By The Sea theme, are encouraged in residential and commercial areas. These include select palm, citrus, and fruitless olive trees, and flowering shrubs and vines (or drought tolerant substitutes). Native species are preferred for open space areas.

B. Plants must be primarily drought-tolerant and consist of non-invasive species. Plants should consist of non-toxic varieties in the public right-of-way and not have root systems that could become intrusive to underground infrastructure, such as sewer systems, because aggressive roots can damage sewer lines and cause sewer spills.

C. Consideration shall be given to reducing landscape maintenance and water consumption, adaptability to high-salt and high-boron soil conditions present in Marblehead Coastal low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control.

E. Within natural open space areas preference should be given to species native to the Southern California coastal region, and subject to the foregoing constraints pertaining to soil and other environmental conditions.

Chapter 4, Implementation, includes a future update of plant lists in the City’s Design Guidelines for consistency with LUP policies, including a policy that calls for street trees in the coastal zone to emphasize California Native tree species. After this implementation project is completed, the updated plant lists in the City’s Design Guidelines should be used as a primary reference for plant selection. Plant species can vary from the Specific Plant species listed in the City’s Design Guidelines but must be consistent with the LUP.

Section 16. Marblehead Coastal Specific Plan, Section 401, Development Phasing, is amended to be retitled as Section 401, “Purpose”, and is rewritten in its 404
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entirely as follows:

This Chapter describes implementation measures for this Specific Plan. This Chapter includes a discussion of general development requirements for public improvements and an overview of future planning initiatives to meet goals for the Marblehead Coastal area.

Marblehead Coastal is mostly developed with infrastructure capacity and services adequate for planned uses. Therefore, this Chapter does not layout a detailed phasing and implementation plan for specific issues. Moving forward, implementation of this specific plan involves ensuring future projects: 1) are consistent with the General Plan and Local Coastal Program Land Use Plan (LUP), 2) follow design guidelines, 3) comply with development standards, and 4) construct required infrastructure improvements based on programs and funding sources described in this Chapter.

The development of the property and the construction of future infrastructure improvements outside the tract boundary such as the construction of the Avenida Pico improvements are the responsibility of the applicant and/or the future landowner(s), except as provided for by the RCFPP. Section 407 identifies all mitigation measures required by Environmental Impact Report No. 95-01, and the method of monitoring those impacts.

Section 17. Marblehead Coastal Specific Plan, Section 402, Circulation Phasing, is amended to be retitled as Section 402, “Public Improvements”, and is rewritten in its entirely as follows:

Each year, the City Council adopts an update of the Capital Improvement Program (CIP) with a budget.

The CIP includes public construction projects and purchases of land, equipment, and contract services. The City utilizes “master plans” to guide the development and maintenance of existing public infrastructure, as well as future capital improvements. The plans provide a foundation for the development of goals and priorities for public capital improvement projects. The list of master plans includes:
 Centennial General Plan
 Local Coastal Program
 Climate Action Plan
 Bicycle and Pedestrian Master Plan
 Master Plan for City Facilities
 Park & Recreation Master Plan
 Regional Circulation Financing and Phasing Program (RCFPP)  Street Improvement Program
 Water Master Plan
 Drainage Master Plan
 Wastewater (Sewer) Master Plan
 Water and Sewer Asset Management Plan
 Recycled Water Master Plan
 Urban Runoff Management Plan
Through a public review process, these plans are developed to provide goals and policies for achieving San Clemente’s vision. The plans guide growth and development, including decisions on the maintenance and development of public infrastructure. The plans demonstrate the City’s commitment to long-range capital improvement programming by focusing attention on the current and future needs of the community, while balancing the community’s needs with its available fiscal resources. The CIP Committee, consisting of members from all City departments, annually prepares and updates a capital improvement plan. Projects are reviewed by the CIP Committee to ensure that the City’s priorities are addressed and that staffing levels and funds are adequate to complete the projects. Capital Improvement Program projects are based on the following four categories:
 Replacement. Existing improvements that are deteriorated and need to be replaced and/or upgraded to 405
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continue to provide service and to meet current codes and regulations.  Expansion. New improvements that are growth-related and funded through development fees. These improvements are identified in master plans and/or agreements, and funding sources are in place.  Growth. New improvements based on projected development. These projects are “development dependent”, and the funding source is through future development fees and/or financing by developers.  Economic Vitality and Diversity. This includes construction of improvements for promotion of economic vitality and diversity and to eliminate and prevent the spread of blight and deterioration in the City.

Section 18. Marblehead Coastal Specific Plan, Section 403, Bikeway and Trail Phasing, amends the second paragraph as follows:

As conditioned, the Marblehead Canyon multi-purpose recreation trail was completed prior to occupancy of the first residential dwelling unit. Recreation trail easements for trails outside of the public right-of-way shall be offered for dedication to the City and maintained by the developer until responsibility is assumed by the City or a master property owner association.

Section 19. Marblehead Coastal Specific Plan, Section 404, Infrastructure Improvements, is amended and reads in its entirety as follows:

Developers of property within the Marblehead Coastal area will construct required infrastructure improvements, such as streets, water lines, bikeways, trails, sewers, storm drains, etc., in conjunction with their projects. Developers should consult with the City’s Public Works and Utilities Departments to determine if utility infrastructure improvements are necessary and required to allow a project. Public improvements must be permitted and completed according to engineering design standards, the Municipal Code, and State and Regional regulations.

In terms of the storm water system, the City Master Plan of Drainage should be used as a general guide for improvements to the drainage system within the Pier Bowl area. Additionally, all related Capital Improvement Program (CIP) Storm Drain and Local Drainage projects identified in the City’s 6-year plan should be considered for implementation, as applicable.

When public improvements are required to support a private development, benefiting property owners and/or developers shall reimburse the City for improvements that the City constructs and/or must maintain over time. Reimbursement shall occur through a reimbursement agreement or other mechanism deemed suitable by the City Council by resolution, such as impacts fees. Further guidance on development impact fees may be obtained by contacting staff of the Community Development and the Public Works Departments.

Section 20. Marblehead Coastal Specific Plan, Section 501 (II), Principal Uses Permitted, is amended to clarify uses in Residential Low zoning districts shall be permitted in accordance with requirements of the San Clemente Municipal Code.

Section 21. Marblehead Coastal Specific Plan, Section 501 (II), Principal Uses Permitted, and Section 501 (III), Conditional Uses Permitted, are amended to clarify large and family day-care homes are permitted uses in Residential Low zoning districts per current city definition.
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EXHIBIT 6-E
Section 22. Marblehead Coastal Specific Plan, Section 501 (IV), Accessory Uses and Structures Permitted, is amended to add Accessory Dwelling Units (ADUs) as a permitted accessory use to Residential Low zoning districts and that accessory uses interpreted to be normally incidental to a permitted primary or conditionally permitted use are permitted subject to review procedures in Chapter 6, Administration.

Section 23. Marblehead Coastal Specific Plan, Section 501 (VI, I), Minimum Rear Setback for Lots Adjacent to Canyons; Table 5-1, Development Standards for Conventional Subdivisions, and Exhibit 5-1, Residential Rear Yard Canyon Setback, are amended to refer to City’s Land Use Plan, Implementation Plan, and Zoning Code Section

17.56, Coastal Zone Overlay District, for coastal bluff and shoreline standards for rear yard setbacks in Residential Low zoning districts, and reads as follows:

I. Minimum Rear Setback for Lots Adjacent to Canyons - See City’s Zoning Ordinance for coastal bluff and shoreline standards. Where noted on Precise Fuel Management Plan, a 20 foot combustible free zone shall be maintained (See Exhibit 5-1).

TABLE 5-1

DEVELOPMENT STANDARDS FOR CONVENTIONAL SUBDIVISIONS

STANDARD RL
Minimum Side Setback from Interior Property Line 5 feet Minimum Rear Setback from Canyons See SCMC 17.56, Coastal Zone Overlay district; for coastal bluff, and shoreline standards for setbacks
* Site coverage includes any lot area covered by a solid roof (thru, for example, patio covers with spaces between roof slats shall be exempt from this lot coverage limitation). ** Where garages are less than 20 feet from the private street, automatic garage door openers are required. Sectional roll-up garage doors are required.
*** If permitted by standards provided in the City’s Coastal Land Use Plan or Implementation Plan, patio slabs, decks, swimming pools and/or other accessory uses and structures may encroach to within 5 feet of the property line, and if over 72 inches in height must be located outside the 10 foot corner triangle restricted zones (see Exhibit 5-1). Where rear yards abut a project fuel modification zone (measured from property line to building) a 20’ combustible free zone shall be maintained.
407
EXHIBIT 6-E
408
EXHIBIT 6-E
Section 24. Marblehead Coastal Specific Plan, Section 506, General Open Space Standards (OS3), is removed in its entirety.

Section 25. Marblehead Coastal Specific Plan, Section 407, Future Conditions of Approval, is amended to add the following as a last paragraph:

The property owner has processed several Coastal Development Permits (CDPs) for other approvals on the property, such as for Emergency Bluff Stabilization and the Dudleya Reserve. Coastal Development Permit 5-03-013 as amended was issued on March 27, 2006 and special conditions apply to the property as shown in Appendix C.

Section 26. Marblehead Coastal Specific Plan, Chapter 6, Development Review and Applications, is amended in its entirety to read as follows:

DEVELOPMENT REVIEW AND APPLICATIONS
601 Legal Authority
602 Development Review Procedures
603 Amendments to the Specific Plan
604 Enforcement
605 Severability
602 Legal Authority
This Specific Plan has been prepared and adopted pursuant to Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 of the California Government Code. The California Government Code authorizes Cities such as San Clemente, to adopt Specific Plans as a more comprehensive method of implementing the General Plan. The Specific Plan bridges the gap between the goals and policies of the General Plan and the site-specific criteria of a tentative tract map or site plan. This Marblehead Coastal Specific Plan is a regulatory plan constituting the zoning for the property. Development Plans or Agreements, Tract or Parcel Maps, and any action requiring discretionary or ministerial approval by the City shall be consistent with this Specific Plan as adopted by City Council.

The City shall have the authority to enforce this Specific Plan according to state law and the Municipal Code, including but not limited to general permit procedures for appeals, concurrent review of multiple applications, public notification requirements, time extensions, revocations, modifications, etc. In any instance where this Specific Plan has a requirement that differs from the Zoning Ordinance, Specific Plan provisions take precedence. Where the Specific Plan is silent on an issue, the requirements of the Municipal Code shall apply.
602 Development Review Procedures
I. PURPOSE AND APPLICABILITY
This Section describes procedures for the City review and permitting of projects within the Marblehead Coastal Specific Plan area. Projects include but are not limited to, requests to establish certain land uses, develop and subdivide property, modify existing development, and install signage. The City reviews and processes proposals according to State law, the Municipal Code and the Local Coastal Program, including this Specific Plan. Except for the 51.5-acre Regional Commercial (RC) site, when Site Plan Permits and other applications are processed concurrent with 409
EXHIBIT 6-E
Tentative Maps, the approving body (i.e. City Council or Planning Commission) shall be the approving body stated in the Subdivision Ordinance for Tentative Map approval.

II. ENVIRONMENTAL REVIEW
All applications for discretionary review and approval shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines and City procedures.

III. LOCAL COASTAL PROGRAM
The Marblehead Coastal Specific Plan is entirely within the Coastal Zone, therefore applications are reviewed according to the California Coastal Act of 1976 as amended and contained in the California Public Resources Code (Section 30000 et seq.). The Local Coastal Program for the Marblehead Coastal area includes land use policies in the Coastal Land Use Plan (LUP) and regulations and procedures within this Specific Plan and the Zoning Ordinance.

IV. TENTATIVE MAPS
Applications for approval of Tentative Tract and Tentative Parcel Maps shall be reviewed in accordance with the City’s most current Subdivision Ordinance (Chapter 35 of the Municipal Code). Preliminary grading concept plans shall be approved in association with approval of a Tentative Map. Grading concept plans shall be reviewed for consistency with this Specific Plan.

The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

V. SUBDIVISION ORDINANCE
Subdivisions, lot mergers, lot line adjustments, and corrections shall be reviewed according to State law and the City’s Subdivision Ordinance. Preliminary grading concept plans shall be approved in association with approval of a Tentative Map. Grading concept plans shall be reviewed for consistency with this Specific Plan. The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

VI. INTERPRETATIONS
Development standards and uses not specifically addressed in this Specific Plan are subject to the Zoning Ordinance in Title 17 of the San Clemente Municipal Code (SCMC 17). If the standard or use is also not specifically addressed in the Zoning Ordinance, Municipal Code Section 17.04.040 (SCMC 17.04.040) governs. In addition to general findings required for interpretations in SCMC

17.04.040, the review authority shall find the interpretation is consistent with LUP land use policies.

VII. GRADING
If grading is proposed, a grading permit shall be required depending on the amount and nature of work proposed. Grading permits are required to ensure grading is completed according to State law, the Municipal Code, and the City’s Grading Manual. 410
EXHIBIT 6-E
VIII. ARCHITECTURAL PERMITS
All applications for development within the Marblehead Coastal Specific Plan shall be subject to the requirements of an Architectural Permit in accordance with the Zoning Ordinance. The purpose of the Architectural Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Architectural Permits Section of the Zoning Ordinance. The City may impose specific conditions on Architectural Permits in addition to the requirements of this Specific Plan.

For the 51.5 acre Regional Serving Commercial (RC) site a comprehensive Site Plan shall be reviewed by the Planning Commission and approved by the City Council prior to any development in this area. The comprehensive Site Plan Permit shall incorporate applicable provisions as contained within the Chapter 3 Design Guidelines and the Chapter 5 Development Standards of the Specific Plan. The approved site plan shall require that each construction phase of the factory outlet or entertainment complexes include all buildings that define the accompanying pedestrian spaces.

Further, pedestrian plazas, enriched paving surfaces and mall furniture be developed with each phase of development.

X. SIGNS
Sign applications shall be processed in accordance with the City’s Sign Ordinance and the Sign Program for the site.

XI. OTHER APPLICATIONS
All other permits not identified by this Specific Plan shall be processed according to the Zoning Ordinance, including but not limited to, Conditional Use Permits, Variances, and Discretionary Sign Permits.
603 Amendments to the Specific Plan
Amendments to this Specific Plan shall be reviewed and processed in accordance with the Zoning Ordinance, or the Implementation Plan following its certification by the Coastal Commission. If land use policy or map changes are required, a General Plan and Coastal Land Use Plan amendment shall be reviewed according to the Municipal Code. If the City Planner determines that a General Plan Amendment is required, said application shall be reviewed and processed in addition to the Specific Plan Amendment in accordance with the Zoning Ordinance.
411
EXHIBIT 6-E
604 Enforcement
This Specific Plan promotes orderly development and the zoning for the Marblehead Coastal area.

Consistent with the Municipal Code, any violation of the standards and regulations identified in the Specific Plan adopted by the City Council shall be considered a violation of the Zoning Ordinance. 605 Severability
In the event that any plan, diagram, regulation, condition, program, or other portion of this Specific Plan is held invalid by a court of competent jurisdiction, such portion(s) shall be deemed separate, distinct, and independent provisions of the Specific Plan and the invalidity of such provisions shall not affect the validity of the remaining provisions of the Specific Plan.

Section 27. Marblehead Coastal Specific Plan, Chapter 7, Definitions, is amended to remove definitions for General Open Space (OS3), Large Family Day-care Home, and Small Family Day-care Home. Definitions to be removed are provided below:

General Open Space (OS3) Publicly owned open space limited to open space preservation areas, infrastructure, athletic fields and access roads and parking.

Large Family Day-care Home shall mean a child care facility in a home which provides family day care for 7 to 12 children at any one time, including children under the age of 10 years who reside at the home, as defined in the Health and Safety Code Section 1597.40 et seq.

Small Family Day-care Home shall mean a child care facility in a home which provides family day care for 6 or fewer children at any one time, including children under the age of 10 years who reside at the home, as defined in the Health and Safety Code Section 1597.40 et seq.

Section 28. Marblehead Coastal Specific Plan, Chapter 208, Infrastructure Plan, is amended to make the following changes to the last paragraph and reads as follows:

Natural drainage within Marblehead Coastal primarily flows toward El Camino Real, where it enters a system of storm drain culverts under El Camino Real, which convey the water to the Pacific Ocean.

The off-site area tributary to each drainage course will remain unchanged by this project from its natural condition. The project does include an off-site diversion of first-flush low flow storm drainage to the City’s wastewater treatment plant in order to meet the State requirements of the development’s Water Quality Management Plan., As each Planning Area develops, new local infrastructure facilities will be developed to tie into the backbone system.

Section 29. Marblehead Coastal Specific Plan, Appendices Title Page, page 98 of document, amended to remove reference to adopted date and first amendment date.

Section 30. Marblehead Coastal Specific Plan, Appendix B, List of Invasive and Undesirable Plant Species, is amended to be retitled as Appendix B, Index of Applicable Zoning Ordinance Chapters, and reads in its entirety as follows:

APPENDIX B:

INDEX OF APPLICABLE ZONING ORDINANCE CHAPTERS
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EXHIBIT 6-E

1. Antennas Chapter 17.16

2. Conditional Use Permits Chapter 17.16

3. Definitions Chapter 17.88

4. Design Review Chapter 17.16

5. Fences, Walls, Hedges Chapter 17.24

6. Home Occupations Chapter 17.28

7. Minor Exception Permits Chapter 17.16

8. Parking Requirements and Standards Chapter 17.64

9. Porches, Decks, etc. Chapter 17.32

10. RV Storage Chapter 17.64

11. Second Residential Unit Chapter 17.28

12. Site Plan Permits Chapter 17.16

13. Specific Plan Amendments Chapter 17.52

14. Temporary Uses Chapter 17.28

15. Variances Chapter 17.16
Section 31. Marblehead Coastal Specific Plan, Appendix B, List of Invasive and Undesirable Plant Species, is amended to be retitled as Appendix C.

Section 33. Marblehead Coastal Specific Plan, Appendix B, List of Invasive and Undesirable Plant Species, is amended to be retitled as Appendix B, Index of Applicable Zoning Ordinance Chapters, and reads in its entirety as follows:

Section 333. Marblehead Coastal Specific Plan, Appendix C, Conditions of Approval, is amended to be retitled as Appendix D.

Section 34. Marblehead Coastal Specific Plan, Appendix D, is amended to include Resolutions approved by the City of San Clemente City Council pertaining to the Marblehead Coastal Specific Plan as of 2004.
413
EXHIBIT 6-E
Section 35. Marblehead Coastal Specific Plan, Appendix D, is amended to replace “Coastal Development Permit, Permit Application No.: 5-03-013 as amended thru A-3”, dated March 27th, 2006, with the most recent Coastal Development Permit (CDP) amendment, 5-03-013-A10, which includes an appendix for standard and special conditions that apply to the CDP as approved by the Coastal Commission and as modified by all subsequent amendments to the CDP from the original action on the project up to September 9, 2021.

Section 36. Marblehead Coastal Specific Plan, Table of Contents, is amended to adjust for changes to Chapter 6 and Appendices sections as shown below:

CHAPTER 6 ............................................................................................................................................6-1 DEVELOPMENT REVIEW AND APPLICATIONS .................................................................6-1 601 Legal Authority ..........................................................................................................................6-1 602 Development Review Procedures ..............................................................................................6-1 603 Amendments to the Specific Plan ..............................................................................................6-1 604 Enforcement ...............................................................................................................................6-1 605 Severability ................................................................................................................................6-3

APPENDICES
A. Article 8: Specific Plans ......................................................................................................A-1 B. Index of Applicable Zoning Ordinance Chapters ...............................................................B-1 C. List of Invasive and Undesirable Plan Species………………………………… .. …….…C-1 D. Conditions of Approval .......................................................................................................D-1 414
AGENDA ITEM: 8-B

STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: November 2, 2022
PLANNER: Kyle Webber, Associate Planner
SUBJECT: Specific Plan Amendments 21-229, a request to forward a recommendation to the City Council on amendments to the 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 Land Use Plan.

REQUIRED FINDINGS
The following findings shall be made prior to approval of the proposed project. The draft Resolution (Attachment 1) provides an assessment of the project’s compliance with these findings.

Specific Plan Amendment, Section 17.16.030(G)
a. The proposed Specific Plan amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.
b. The uses proposed in the Specific Plan amendment are compatible with adjacent uses and properties.
c. The proposed Specific Plan amendment will not adversely affect the public health, safety and welfare.
d. The proposed Specific Plan amendment will not create internal inconsistencies within the Specific Plan.

BACKGROUND
On August 17, 2021, the City Council initiated amendments to the Talega, Rancho San Clemente, Marblehead Inland, Marblehead Coastal, and Forster Ranch Specific Plans to be consistent with the General Plan, Zoning Code, and Local Coastal Program Land Use Plan (LUP), as required by State law. See Attachment 2 for City Council initiation report.

In response to this direction, the following review process occurred to draft the proposed amendments:
 Five community meetings were held—two meetings occurred on October 26, 2021, two on October 28, 2021, and one on November 2, 2021, with the meetings noticed to all property owners and community members through affiliated HOA board members for each Specific Plan area. The public notice referenced a project website created to provide regular updates and dates for future meetings.  Study sessions with the Planning Commission were held at the following dates:
- December 21, 2021: introduction to the project scope of work. 415
SPA 21-229, Specific Plan Amendments Page 2
- March 16, 2022: discussion surrounding potential regulations for automobilerelated uses. - September 7, 2022: solidifying permitted uses and policies for automobilerelated uses.  Staff discussed the Project’s proposed amendments in its entirety with five of the seven Planning Commissioners on September 14 and 15, 2022.

Reports, minutes, and memorandums for these milestones are provided on the project website https://www.san-clemente.org/spupdate

DISCUSSION
The amendments are a phase of the work program to update the City’s planning documents to be consistent and compatible with the City’s certified documents. Consistency between the General Plan, Coastal Land Use Plan (LUP), Zoning Ordinance, and Specific Plans is a high-level priority project identified as Implementation Measure LU1 of the Strategic Implementation Program (SIP) based on Council direction.

The Marblehead Coastal Specific Plan and Forster Ranch Specific Plan are partially located in the coastal zone. Therefore, the Specific Plan Amendments make them consistent with the LUP as part of the Implementation Plan (IP) for the Local Coastal Program (LCP).

The amendments are designed to:
 Update land uses, development standards, permitted uses (including relative permitted use regulations), and design guidelines consistent with City-certified and adopted documents;
 Implement General Plan goals and policies to permit the development of automobilerelated sales, services, and repairs in the Rancho San Clemente and Talega business and industrial parks;
 Correct erroneous text or ambiguous language; and
 Improve the accuracy and quality of maps and tables within the documents to reflect current land use and zoning conditions of the area.

The proposed amendments require a Planning Commission recommendation to the City Council. The proposed draft Resolution, provided as Attachment 1, includes the draft City Council Resolution (Exhibit 6). Proposed amendments are categorized by sub-exhibits shown in Table 1.

Table 1 – City Council Draft Resolution Exhibits
Specific Plan PC Draft Reso. (Attachment 1)
[Redlines]
CC Draft Reso. (Exhibit A)
[Clean Copy]
Rancho San Clemente Exhibit 1: pg. 7 Exhibit 6-A: pg. 8 Marblehead Inland Exhibit 2: pg.55 Exhibit 6-B: pg. 51
Talega Exhibit 3: pg. 59 Exhibit 6-C: pg. 55
Forster Ranch Exhibit 4: pg. 85 Exhibit 6-D: pg. 81
Marblehead Coastal Exhibit 5: pg. 118 Exhibit 6-E: pg. 110 416
SPA 21-229, Specific Plan Amendments Page 3
Proposed Amendments for Consistency
Land use and zoning designations within all five of the Specific Plans are updated to match the General Plan land use and zoning maps. The most notable changes in this regard are linked to General Plan Amendment (GPA) 15-049, adopted in 2015 to amend the Forster Ranch, Rancho San Clemente, and Talega Specific Plans. This GPA removed Mixed Use (MU) and Commercial (C) designations and identified the parcels as either Neighborhood Commercial (NC) or residential land uses. Among other changes, the GPA also removed Residential Medium High (RMH) land use designations and renamed abbreviations for Light and Heavy Industrial designations in the Rancho San Clemente and Talega specific plan areas to LI and HI, respectively. Each of the five Specific Plans are provided with updated maps to reflect these changes.

All five of the Specific Plans are updated to reflect language to existing policy and development and use standards, and to correct ambivalent or misleading text inconsistent with goals or policies of the General Plan or standards within the City’s Zoning Ordinance.

Establishing automobile-related policies and regulations are a component of the project. The General Plan goal and related policy (Table 2) encourages new development and relocation of automobile related uses on El Camino Real to Industrial and Business Park areas of Rancho San Clemente and Talega Specific Plans. To implement this goal, the amendments expand the Specific Plan locations where automotive service uses are permitted, update definitions, and update the list of permitted and conditionally permitted auto-related uses.

Table 2 – General Plan Goal and Policy
The Planning Commission reviewed the proposed amendments for automobile-related uses in the Business and Industrial Parks most recently at the September 7, 2022 Study Session.

The memorandum for the Study Session (Attachment 3) presented the proposed regulations and standards for automobile-related uses. The regulations and standards as presented at the Study Session are incorporated into the proposed amendments for the General
Plan
Goal
“Encourage the relocation of automobile-related uses to industriallydesignated lands and business parks and permit the continuation of automobile-related uses, existing as of the date of adoption of this General Plan, that do not detract from the aesthetics, character and function of the surrounding area.”
General
Plan
Policy
“LU-5.03. New Automobile-Related Service and Repair Uses. We permit the development of automobile-related service and repair uses (e.g., tire shops, lube and tune, and other similar uses) in certain commercial and business park districts and designated sites within specific plan areas. Such uses shall be designed to convey a high quality architectural and landscape character, consistent with the overall character and image of the City as specified in the Urban Design Element. New car rental businesses on El Camino Real are allowed if the new business is limited to an office use and up to five (5) rental cars on site at any time.”
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SPA 21-229, Specific Plan Amendments Page 4
Rancho San Clemente (Exhibit A-1) and Talega (Exhibit A-3) Specific Plan areas, with two exceptions that address concerns raised by the Planning Commissioners:

1. Definitions
Definitions for Major and Minor Repair permitted uses have been modified for the purpose of avoiding the unintentional prohibition of specific uses. The revised definitions are provided below in clean copy and track changes:

Track Changes:
o "Major vehicle repair" means establishments which operate entirely indoors and provide major repair and maintenance related to motor vehicles and generate, treat, store, or dispose of hazardous waste materials as defined by the California Health and Safety Code. Typical uses would include, but not be limited to, autobody repair shops auto glass shops, automotive painting shops, customizing shops, engine rebuilding, transmission shops, and upholstery shops.

Establishments providing repair and maintenance solely to vehicles with noncombustible engines, such as Fully-electric Vehicles, are not considered major vehicle repair.
o "Minor vehicle repair" means establishments which operate entirely indoors and provide minor routine care and maintenance related to motor vehicles. Typical uses would include, but not be limited to, radiator, transmission, muffler, cooling system, and brake repair shops, tire stores and wheel adjustments, muffler shops, alignment shops, auto-body detailing shops, stereo installation shops, diagnosis and tune-up services, oil and lubrication services, auto glass repair and installation, automotive seat covers and re-upholstery, and electrical repair, such as battery charging, repair/replace starter, alternator, generator, rewiring of automobile components such as lights, gauges, and stereos and oil and lubrication services. Establishments providing repair and maintenance solely to Fully electric Vehicles are considered minor repair.

2. Screening
Planning Commissioners raised concerns with issues of screening and establishing expectations to prevent a land use’s ability to screen from all public right-of-way and residential land uses. The revised regulations require outdoor vehicle inventory and display, outdoor equipment and supplies (including outdoor automobile lifts), service areas, and outdoor private vehicle storage to not be visible from the public right-ofway or residential uses with 1,000 feet of the establishment measured from the property line.

ENVIRONMENTAL REVIEW/COMPLIANCE
The proposed amendment will not result in any construction, development, or any other activity that has a potential for resulting in either a direct, or reasonably foreseeable indirect, physical change in the environment. Accordingly, approval of SPA 21-229 is not subject to the California Environmental Quality Act (CEQA) according to State CEQA Guidelines, §§ 418
SPA 21-229, Specific Plan Amendments Page 5
15060, subd. (c)(2)-(3), 15378(a), (b)(5).), 15061, subd. (b)(3). Moreover, even if SPA 21- 229 did qualify as a project subject to CEQA, SPA 21-229 would be exempt under CEQA’s common sense exemption, which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) As set forth above, SPA 21-229 merely amends the Talega Specific Plan, Rancho San Clemente Specific Plan, Marblehead Inland Specific Plan, Forster Ranch Specific Plan, and Marblehead Coastal Specific Plan for consistency with the City’s General Plan, Zoning Code, LUP, and State and Federal laws; therefore, SPA 21-229 will not result in any activity that may have a significant effect on the environment. Accordingly, approval of SPA 20-393 is not subject to CEQA. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378(a), (b)(5).).

CALIFORNIA COASTAL COMMISSION REVIEW
The Marblehead Coastal and Forster Ranch Specific Plans are a part of the Local Coastal Program Implementation Plan (LCP IP) that is subject to future approval by the California Coastal Commission (CCC). The Specific Plan update will be shared with the CCC staff for informational purposes in advance of adopting the LCP IP. If the CCC has suggested modifications on Specific Plans, the City would need to consider potential amendments and revisit the Specific Plan in the process of completing the LCP IP.

ALTERNATIVES
The Planning Commission may take any of the following actions:

1. Recommend City Council approve of the proposed specific plan amendments.

2. Recommend the City Council approve the proposed specific plan amendments with changes. If the Planning Commission requests staff to research issues or recommend significant revisions, a continuance or tabling of this agenda item may be necessary to make revisions and reassess the project with CEQA

3. Recommend the City Council deny the proposed specific plan amendments. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution(s) to be prepared.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Adopt Resolution PC 21-019, recommending the City Council adopt Specific Plan Amendment 21-229.

Attachments:
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SPA 21-229, Specific Plan Amendments Page 6
Attachment 1: Planning Commission Draft Resolution PC 21-019 [amendments with redlines]
• Exhibit 1 (redlines) — Rancho San Clemente
• Exhibit 2 (redlines) — Marblehead Inland
• Exhibit 3 (redlines) — Talega
• Exhibit 4 (redlines) — Forster Ranch
• Exhibit 5 (redlines) — Marblehead Coastal
• Exhibit 6 – City Council Draft Resolution [clean copy of amendments] - Exhibit 6-A — Rancho San Clemente
- Exhibit 6-B — Marblehead Inland
- Exhibit 6-C — Talega
- Exhibit 6-D — Forster Ranch
- Exhibit 6-E — Marblehead Coastal
Attachment 2: CC Staff Initiation Report, August 17, 2021 Attachment 3: PC Study Session Memorandum, September 7, 2022 420
EXHIBIT 1
Specific Plan Amendment 21-229
Rancho San Clemente Specific Plan
Section 1. Rancho San Clemente Specific Plan, Table of Contents, is amended as follows:

1. Addition of the following tables and figures:
 “Figure 1-2, Business Park Focus Area .……… … …….. … ..1-6”  “Figure 2-2, Emergency Shelter Overlay………………………..2-9”  “TABLE 5-3, INDUSTRIAL ZONE PERMITTED USES… ..….5-11”  “TABLE 5-4, AUTOMOTIVE SERVICE USES………… … ....5-12”

2. Renaming of the following table and appendices:
 TABLE 1-1 as “TABLE 1-1, EXISTING LAND USES … ……. 1-9”  Appendix A as “Index of Applicable Zoning Ordinance Sections”  Appendix B as “List of Invasive and Undesirable Plant Species”  Appendix C as “Orange County Fuel Modification Guidelines”

3. Removal of the following table, section, and appendices:
 “TABLE 1-2, EXISTING LAND USES ………………… …… …..1-10”
 “TABLE 2-2, Affordable Housing Distribution……….… … … …..2-7”  “502 Mixed Use Standards…………. … ………..…………………5-9”
 “Appendix D - Orange County Fuel Modification Guidelines”  “Appendix E - Resolution of Approval”
All sections, figures, and tables are relabeled and/or renumbered to adjust for the changes without altering the order in which they appear in the document. References to the aforementioned figures, tables, and appendices are modified throughout the document to match the table of contents.

Section 2. Rancho San Clemente Specific Plan, Section 101, Purpose and Objectives, is amended to read in its entirety as follows:
101 Purpose aAnd Objectives
The purpose of this Specific Plan is to implement the City’s General Plan with respect to the development of the Rancho San Clemente area. In support of this purpose, the Specific Plan’s objectives are to:
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EXHIBIT 1
I. PTo provide planning and design concepts for Rancho San Clemente consistent with the General Plan and policies specific to the Rancho San Clemente area;
II. PTo provide for the implementation of the City’s Inclusionary Housing Program, Growth Management Program, Urban Design Program, and Master Landscape Plan for Scenic Corridors;
III. PTo provide a set of development standards for the Specific Plan Area to implement the foregoing planning and design concepts;
IV. RTo regulate land uses and development in conformance with the City’s Zoning Ordinance and Hillside Development Ordinance No. 841; V. PTo provide a balance of land uses within the Specific Plan area, including a wide range of housing opportunities, educational, institutional, open space, and recreational uses, with a substantial employment center including commercial, business park, and industrial park in close proximity to residential areas;
VI. PTo phase development in step with provision for the infrastructure and services needed to support the new development;
VII. RTo reduce intrusion on the natural topography and open space by preserving the primary ridgeline, gateway knoll, and perimeter open space areas.

Section 3. Rancho San Clemente Specific Plan, Section 103(I), General Plan, is amended to read in its entirety as follows:

I. GENERAL PLAN
The General Plan is the fundamental planning policy document of the City of San Clemente. It defines and sets forth rules by which the community will be permitted to develop in the future. It is intended to guide all planning environmental decisions, and land use in the City for the next ten to twenty years. Goals, objectives, and policies are established by the thirteen elements of the various City’s General Plan, which includes elements to address the following: Elements. These Elements include Land Use, Housing, Economic Development, Urban Design, Growth 422
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Management and Circulation among others.Land Use; Urban Design; Historic Preservation; Economic Development; Mobility and Complete Streets; Housing, Beaches, Parks and Recreation; Natural Resources; Coastal; Safety; Public Services, Facilities and Utilities; Growth Management; and Governance. Separately, the City more regularly adopts updates to the State mandated Housing Element. The City’s General Plan also establishes goals and policies addressing air pollution and greenhouse gas emissions as well as efficient use, conservation, and generation of energy within the community aimed at reducing the use of fossil fuels for transportation purposes. These goals and policies provide the foundation for two key implementation documents: the San Clemente Climate Action Plan (CAP) and San Clemente Sustainability Action Plan (SAP).

The General Plan establishes what types of land uses will be permitted and where, how dense the development will be, and the proportional relationship of the built environment to the natural environment. The General Plan also identifies the location and amounts of open space to be preserved; the basic design and phasing of the circulation system; future infrastructure and public services needs; and how environmental resources will be protected. The City’s physical form and image, economy, and social fabric are greatly influenced by the General Plan. The General Plan remarks on the crucial role the natural environment plays in sustaining community lifestyle and the local economy. As such, the CAP builds upon the environmental values set forth in the General Plan. The CAP focuses on water, energy, and waste consumption as areas targeted for action to create efficiencies. The Rancho San Clemente Specific Plan is a tool for the implementation of the General Plan and all of its elements that apply to the Rancho San Clemente area.

Section 4. Rancho San Clemente Specific Plan, Section 103(II), Zoning Ordinance, is amended to read in its entirety as follows:

II. ZONING ORDINANCE
The City’s Zoning Ordinance is the document that implements the General Plan. It provides regulations regarding permitted land uses, development standards, the development entitlement process, etc. for all parcels of land within the corporate boundaries of the City of San Clemente. Certain areas of the City, e.g. the Pier Bowl, Rancho San Clemente, Forster Ranch, Marblehead Inland, the Pico Corridor and Talega are zoned SP (Specific 423
EXHIBIT 1
Plan). The various adopted Specific Plans for these areas are incorporated into the Zoning Ordinance by reference. They establish regulations applicable to the land within the boundaries of a particular Specific Plan.

Likewise, the Zoning Ordinance provides certain regulations that apply within the Specific Plan areas. Each Specific Plan incorporates sections of the Zoning Ordinance by reference.The Zoning is set forth by thefor Rancho San Clemente Specific Planis RSCSP (RSCSPRancho San Clemente Specific Plan); which establishes the . This Specific Plan sets forth permitted uses and development standards in theeach RSCSP zone. Development within Rancho San Clemente shall conform to all provisions contained in this Specific Plan, as well as sections of the City’s Zoning Ordinance adopted herein by reference.

Section 5. Rancho San Clemente Specific Plan is amended to replace Section 104, Size and Location of Property, with Section 104, Rancho San Clemente Area and is read in its entirety as follows:
104 Rancho San Clemente Area
Rancho San Clemente is located about one-half mile inland of the Interstate 5 Ffreeway and southeast of Avenida Pico with the exception of residential and neighborhood commercial Planning Area 1 located north of Avenida Pico. It is bounded by Marblehead Inland on the west, the Talega and Forster Ranch Specific Plan areas to the north, and Camp Pendleton U.S. Marine Corps Base on the east (See Figure 1-1 Rancho San Clemente Specific Plan Area). Rancho San Clemente consists of approximately 1,943 acres of land with elevations varying from less than 80 feet to more than 900 feet above sea level. This planned community has several significant features, including a primary ridgeline and a prominent knoll adjacent to Avenida Pico. These features are visible from many areas of the community.

Rancho San Clemente Business Park Focus Area
The General Plan provides comprehensive, long-term goals and policies for achieving San Clemente’s Vision. The General Plan identifies eight Focus Areas considered to have the most potential for changeenhancement, including Rancho San Clemente. Focus Area policies provide specific direction beyond policies applicable Citywide.

The Rancho San Clemente Focus Area, identified on Figure 1-2 (Business Park 424
EXHIBIT 1
Focus Area), is an industrial, office, and vehicle sales and services district in the community. A wide range of employment-generating land uses are provided including manufacturing, research and development, offices, and automotive services. The allowable mix and intensity of uses provides significant job opportunities for both residents and non-residents commuting to the area and allows development to respond to changing market conditions and commercial space needs to boost economic growth.

The location of the Focus Area is defined by the developable areas between Avenida Pico and surrounding areas of Calle Amanaecer as well as along Avenida La Pata between Calle Ddel Cerro and the San Diego County border. Rancho San Clemente Focus Area goals and policies are discussed further in Chapter 2 of the Specific Plan.

Section 6. Rancho San Clemente Specific Plan, Section 104, Rancho San Clemente Area, Figure 1-1, Rancho San Clemente Specific Plan Area, is amended with a higher quality map as shown below:
425
EXHIBIT 1
426
EXHIBIT 1
Section 7. Rancho San Clemente Specific Plan, Section 104, Rancho San Clemente Area, Figure 1-2, Business Park Focus Area, is added as shown below:
427
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Section 8. Rancho San Clemente Specific Plan, Section 105, General Plan and Zoning, is amended to remove references to Mixed Use land use designations, Private Restricted Open Space (OS3) land use designations, and Golf Course (OSC) land use designations. This section is also amended to add Institutional (INST) land uses, rename abbreviations for Industrial zoning districts from “I2” to “LI” and “I3” to “HI”, and adjust all Neighborhood Commercial (NC 2) land uses to Neighborhood Commercial (NC 1.2). The section reads in its entirety as follows:
105 General Plan aAnd Zoning
The City’s General Plan land use designations for Rancho San Clemente are shown on Figure 1-3 (General Plan Land Use Plan) and supplemented by Table 1-1 (Existing Land Use). They include the following land uses:

RL Residential - Low Density (Max 4.5 D.U/Gross Acre)
RML Residential - Medium Low Density (Max 7.0 D.U./Gross Acre) RM Residential - Medium Density (Max 15 D.U./Gross Acre) RH Residential - High Density (Max 24.0 D.U./Gross Acre) MU1.2 Mixed Use
NC1.22 Neighborhood Commercial
LII2 Light Industrial
HII3 Heavy Industrial
P Public
INST Institutional
OS1 Public Open Space
OS2 Private Open SpaceOS3 Private Restricted Open Space OSC Golf Course
The Zoning for Rancho San Clemente is RSCSP - Rancho San Clemente Specific Plan. This Specific Plan sets forth permitted uses and development standards.

Development within Rancho San Clemente shall conform to all provisions contained in this Specific Plan, as well as the SPRSC RSCSP Zone and sections of the City’s Zoning Ordinance adopted herein by reference.

Section 9. Rancho San Clemente Specific Plan, Figure 1-3, General Plan Land Use, is amended to depict accurate land use locations and abbreviations consistent with the General Plan and the amended Table 1-1, Existing Land Use. Per amendments to the General Plan, Planning Area 1 is amended to change from a Mixed Use (MU) land use and zoning designation to Residential Low (RL) and Neighborhood Commercial (NC

1.2) land use and zoning designations. Planning Area 25 is amended to change from Neighborhood Commercial (NC 2) to Neighborhood Commercial (NC 1.2). Golf Course (OSC) land use area north of Avenida La Pata amended to Private Open Space (OS2). 428
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429
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Section 10. Rancho San Clemente Specific Plan, Section 106, Existing Physical Conditions, is amended to read in its entirety as follows:

Rancho San Clemente has been subdivided into either numbered lots for development purposes or lettered lots for permanent open space. The majority of the development area has been either rough or precisely graded. Any new grading proposed in Rancho San Clemente will be to refine rough graded areas already approved for development. The residential ”bowl” area in and around CalleVista Del Cerro and Avenida Vista Montana is almost completely developed and surrounded by permanent open space including a ridgeline pedestrian trail. There is a City neighborhood park and a public elementary school in the bowl area.

Planning Area 24 (Sea Ridge Estates) is a custom lot development, remote from the residential bowl area, where all lots have been developed with single-family homes. (See Figure 2-1, Master Land Use Plan, for location of planning areas.).

Approximately 50% of the lots have homes already built.

Many graded pads in the Rancho San Clemente Business Park are available for new development with business park and business commercial uses. North of Avenida La Pata are three vacant developable Planning Areas and the golf course/clubhouse.Pacific Golf Clubhouse and Course. On the south side of La Pata, east of Vista Del Cerro are sites for development of auto service uses, business park, business commercial and heavy industrial, as well as the City’s Richard Steed Memorial Park softball complex. The 142 acres north of Avenida Pico (Planning Area 1) is planned and developed as a mixed useneighborhood commercial commercial and residential complexarea. Table 1-12 (Existing Land Use) provides a summary of development status as of mid-20221997:

TABLE 1-12

EXISTING LAND USE
Planning
Area
Tract Acres D. U. 1994 Land
UseZoning
GP
1 TT 13530 65 *
77 *
*incl. open
space

162 - 286
Regional
Commercial
Proposed SF
housesResidentia
l Low Density
and
Neighborhood
Commercial
RL /
NC1.2MU1
.2
430
EXHIBIT 1
2 T12402 and T 12766 103.1 NA partially
developedBusine
ss Park
I2LI
3 T 12124, T 12125,
T 12852

93.0 NA Business
Parkpartially
developed
LII2
4 T 13467 and T 13688 30.6 NA Business
Parkpartially
developed
LII2
5 Lot 13, T 12125 4.4 NA Business
Parkvacant
LII2
6 Par. 2, PM 86-330 8.1 NA Business
Parkvacant
LII2
7 T 14609 30.7 NA Industrial
Parkvacant
HII3
8A Lot 3, T 12126 1.1 NA vacantBusiness
Commercial
I2LI
431
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TABLE 1-2
(CONTINUED)
Planning
Area
Tract Acres D. U. 1994 Land Use GP
8B L3, T 12126 & L7,
8, T 13467

23.9 NA vacantBusiness
Park
I2LI
9 Lot 2, T 12126 46.9 NA softball park OS1OS
-Pub
10A T 12284 10.3 86 detached condos RM
10B T 12378 11.5 250 apartments RH
11A T 12283 16.3 114 detached condos RML
11B T 12314 20.5 264 attached condos RM
12 T 12426 28.8 133 SF houses RL
13 T 12359 21.9 76 SF houses RL
14 T 12892 21.2 88 SF houses RL
15 Lot 18, T 12125 7.0 NA vacant INST
16 TT 14986 8.8 43 approved SF
houses
RML
17 T 14760 26.9 124 approved SF
houses
RL
18 T 12883 34.0 204 SF houses RML
19 T 14759 30.0 92 approved SF
houses
RL
20 T 13182 25.7 198 condos RM
21 T 12864 33.1 130 SF houses RL
22 Lot 5, T 12127 25.3 368 apartments RM
23 Lots 12, 13, T
12124

15.7 NA park/school OS1/P
24 T 12254 14.8 47 custom home lots RL
432
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25 Lot 3, T 12125 2.4 NA vacantCommercial NC1.22
26 Lot 4, T 12125 7.8 NA vacantBusiness
Park
I2LI
27 Lot 16, T 12125 5.6 N vacantBusiness
Park
I2LI
ROADS 58.0 NA built
OPEN
SPACE
1097.0 NA open space
Section 11. Rancho San Clemente Specific Plan, Section 107(I), Original Specific Plan, first paragraph amended and reads as follows:

In July 1982, the City Council adopted a new Citywide General Plan. At about the same time, the City Council also adopted a new Hillside Development Ordinance and a major amendment to the Zoning Ordinance.

The zoning amendment created a “Development District”, designated “DD” on the zoning map, for the inland area of the City. This D-D District was applied to the four major inland ranch properties (Talega, Forster Ranch, Marblehead Inland, and Rancho San Clemente) allowingallowe d for a maximum of 1.5 dwelling units per gross acre overall and required more detailed planning prior to development. and was applied to the four major inland ranch properties (see Figure 1-2).

Section 12. Rancho San Clemente Specific Plan, Section 107(II), Subsequent General Plan/Specific Plan Amendments, is amended to read in its entirety as follows:

Land use plans, regulations, and design guidelines have been adopted along with this Specific Plan to ensure development improves Rancho San Clemente in a manner consistent with goals and policies for the area. Several Specific Plan amendments have occurred since the plan’s adoption to address various community concerns. Most recently, a 2022 Specific Plan update was completed to amend regulations and design guidelines for consistency with policy, land use, and development standard changes established with the adoption of the 2014 Centennial General Plan and various amendments made to the Municipal Code. The history of Rancho San Clemente planning efforts is summarized below and lists past amendments affecting development since the Specific Plan’s initial implementation.
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In 1994, the City Council approved GPA 94-02/SPA 94-02 resulting in several land use designation changes in Rancho San Clemente. In 1995 the City Council approved two more General Plan land use changes in Rancho San Clemente., which are implemented in this revised Rancho San Clemente Specific Plan. The changes expanded the Business Commercial, Business Park, and residential Planning Areas. The following Table 1-1 summarizes the 1994/95 land use designation changes:

TABLE 1-1

PLANNING HISTORY

PLANNING
AREA

ACTION FILE FROM TO
3A GPA 94-02
SPA 94-02
NA
Business Park
NA
Business
Commercial
5 GPA 94-02
SPA 94-02
P
Parking
I2
Business Park
6 GPA 94-02
SPA 94-02
P
Parking
I2
Business Park
8A GPA 94-02
SPA 94-02
P
Parking
I2
Business
Commercial
8B GPA 94-02
SPA 94-02
P
Parking
I3
Industrial Park
8B GPA 95-03
SPA 95-01
I3
Industrial Park
I2
Business Park
10A GPA 94-02
SPA 94-02
RL
Low Density
Residential
RM
Medium Density
Residential
11A GPA 94-02
SPA 94-02
RL
Low Density
Residential
RML
Medium-Low
Density Residential
16 GPA 94-02
SPA 94-02
Inst.

Institutional
RML
Medium-Low
Density Residential
18 GPA 94-02
SPA 94-02
RL
Low Density
RML
Medium-Low
434
EXHIBIT 1
Residential Density Residential
26 GPA 95-02
SPA 95-01
NC2
Neighborhood
Commercial
I2
Business Park
27 GPA 94-02
SPA 94-02
NC2
Neighborhood
Commercial
I2
Business
Commercial
GPA 94-02/SPA 94-02 was partly initiated by individual property owners and partly by the City. Privately initiated changes were made for Planning Areas 3A, 5, 6, 8A, 8B, 16, and 27. The City expanded Planning Area 8B by

2.03 acres, decreasing Planning Area 4 by the same amount and changed the densities in Planning Areas 10A, 11A, and 18 to reflect actual buildout.

GPA 95-02 changed the land use designation on Planning Area 26 from NC2 Neighborhood Commercial to I2 Light Industrial. GPA 95-03 changed the land use designation for Planning Area 8B from I3 Heavy Industrial to I2 Light Industrial and lowered the maximum number of dwelling units permitted in Rancho San Clemente to from 2,931 to 2,568.

In addition to the land use changes identified above, the Rancho San Clemente Specific Plan was in need of an amendment that would implement the 20141992 Centennial omprehensive General Plan and make it consistent in format with the other inland ranch Specific Plans. 2015 amendments to theThis Rancho San Clemente Specific Plan (SPA 95-01) serveds thatose purposes incorporating . It incorporates policies from the City’s Centennial 1992 General Plan and other adopted planning programs, and was madeis compatible with the City’s 20151995 comprehensive Zoning Ordinance update.

SPA 21-229 addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049). General Plan Amendments GPA 13-043 and GPA 15-049 changed land use designations in the Rancho San Clemente Specific Plan from I2 (Light Industrial) to LI (Light Industrial) and I3 (Heavy Industrial) to HI (High Industrial). In addition, the land use designation for Mixed Use zones in Planning Area 1 changed to Residential and Neighborhood Commercial. The 2021 Specific Plan Amendment also incorporated into the document the General Plan Focus Area for the Business Park and adopted development standards and regulations for 435
EXHIBIT 1
permitted and conditionally permitted automotive service uses to address auto-related goals and policies in the Centennial General Plan.

Section 13. Rancho San Clemente Specific Plan, Chapter 1, Introduction, Table of Contents, is amended to adjust to the modifications listed above, and reads as follows:
101 Purpose and Objectives
102 Applicability and Organization of Specific Plan
103 Relationship to Other City Planning Documents
104 Size and Location of PropertyRancho San Clemente Area 1055 Rancho San Clemente Planning HistoryGeneral Plan and Zoning 1066 Existing Physical ConditionsGeneral Plan and Zoning 1077 Rancho San Clemente Planning HistoryExisting Physical Conditions 1088 Authority and Severability
Section 14. Rancho San Clemente Specific Plan, Section 201, Planning Concepts, is amended to read in its entirety as follows:

I. PLANNING VISION
The Rancho San Clemente Specific Plan lays out a master land use plan, design guidelines, development standards, allowed uses, and other criteria for the Rancho San Clemente Specific Plan area. In the process of preparing the Centennial General Plan, the community identified Rancho San Clemente Business Park as one of eight key Focus Areas with distinct goals and policies based on a vision defined in the General Plan. The location of the Rancho San Clemente Focus Area is identified in Chapter 1, Figure 1-2. The Centennial General Plan establishes a goal for the Rancho San Clemente Focus Area to:
“Maintain and promote the Rancho San Clemente… Business Park as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”
II. PLANNING CONCEPT
The Specific Plan implements the vision in subsection 201.I (Planning Vision) above, in addition to policies in the General Plan. The intended policies (planning concepts) are listed below:

1. Priorities.
436
EXHIBIT 1
Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets (General Plan Policy LU-8.01).

2. Vehicle Sales and Services.

We permit vehicle sales and services in the Rancho San Clemente Business Park and Industrial Park consistent with the Rancho San Clemente Specific Plan (General Plan Policy LU-8.02).

3. Existing Businesses and Property Owners.

We periodically survey property owners and businesses to understand and plan for their needs so that businesses can remain and flourish in San Clemente (General Plan Policy LU-8.03).

4. Partnerships.

We collaborate with the Rancho San Clemente Business Park Association, Talega Merchants Association, San Clemente Chamber of Commerce, other business groups, and the Orange County Workforce Investment Board to implement the General Plan and Specific Plan, to respond to changing property owner, business owner and workforce needs, and to help ensure the long-term success of the Business Park (General Plan Policy LU-8.04).

5. Development Monitoring and Maintenance.

We monitor development to ensure anticipated Business Park buildout and infrastructure capacities are not exceeded (General Plan Policy LU8.05).

6. Bike and Pedestrian Environment.

We provide a high quality bicycle and pedestrian environment with “living street” designs, consistent landscaping, lighting, sidewalks, 437
EXHIBIT 1
traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines (General Plan Policy LU-8.06).

I.III. BALANCED COMMUNITY
The plan provides a balanced mix of land uses, including business park, commercial, industrial, residential, public, recreational, and open space land uses. The business park, industrial park and commercial development will provide employment opportunities for residents of the City, helping to achieve job creation.

II.IV. VARIETY OF HOUSING OPPORTUNITY
The plan includes a range of housing types and densities. There are provisions for affordable housing in accordance with the General Plan Housing Element.

III.V. RIDGELINE PRESERVATION POLICY
The plan calls for a natural appearing topographical profile and the preservation the primary ridgeline and natural areas including the knoll area at the “gateway” to Rancho San Clemente along Avenida Pico.

IV.VI. OPEN SPACE, TRAILS, AND RECREATION
Recreation opportunities within Rancho San Clemente include a 27 hole27- hole golf course, a community park, a 47 acre softball complex, and a ridgeline hiking trail which extends from the knoll near the gateway along Avenida Pico, clockwise around the residential “bowl” area to the Sea Ridge Estates development in Planning Area 24. The plan requires adherence to the City's General Plan Growth Management Policies with regard to the amount and quality of open space. These policies can be found in the City’s General Plan Growth Management Element. Over half of the 1,943 acres of land in Rancho San Clemente are designated open space. All areas not designated for development by a Planning Area number will remain as open space.

Section 15. Rancho San Clemente Specific Plan, Section 202, Master Land Use Plan, is amended to read in its entirety as follows:
438
EXHIBIT 1
The Rancho San Clemente Master Land Use Plan, Figure 2-1, Figure 2-1 is the Master Land Use Plan for Rancho San Clemente. It shows open space areas and and planned land uses for for Planning Areas identified by a number which corresponds to Table 2-1 (Land Use Statistical Summary). Emergency Shelter Overlay Map, Figure 2-2, shows the location of the Business Park area parcels where identified as an emergency shelter is an allowed use according toin compliance with development standards. Types ofhe land use areas and overlay area are described below.

Rancho San Clemente has many neighborhoods which are defined by open space buffers and arterial highways. Each cluster of Planning Areas represents a mixture of compatible land uses. Planning Areas 1 and 25 are located west side of the intersection of Avenida Pico and Avenida La Pata and are designated for neighborhood commercial and residentialmixed uses.

The Bbusiness Ppark, which is planned for office, research and development, light industrial, and supporting retail uses, includes Planning Areas 2, 3A, 3B, 3C, 5, 6, 8B, 26, and 27. Planning Areas 7 is planned for heavy industrial uses. Planning Area 4 is designated Business Park, and is planned as a transition area between the office/light industrial uses and the heavy industrial uses. Planning Area 4 allows for auto service and repair uses.The Business and Industrial Parks allow for automotive service uses.

The residential bowl area where the majority of residential development exists includes Planning Areas 10 through 23. The bowl area includes park and school uses and a future institutional site. Planning Areas 1 and 24 are also residential, but isolated from the rest of Rancho San Clemente.

The major open space areas including the softball park (Planning Area 9) and golf course encompass the entire planned community and provide a buffer between the business/industrial uses and the residential areas. They serve to preserve natural habitat, as well as visually define neighborhoods.

I. RESIDENTIAL AREAUSES
Residential areas have been clustered to maximize open space and preservation of significant natural features including the primary ridgeline and gateway knoll. This has minimized the necessity for altering the natural topography, reduced the need for additional infrastructure, and promoted more opportunities for affordable housing units.
439
EXHIBIT 1
The residential core has been located within the bowl area of the site to minimize grading and visual impacts. The bowl area is the area within and around the Calle Del Cerro/Avenida Vista Montana loop. All of the residential areas, with the exception of Planning Areas 1 and 24, are located along this loop or on directly connecting roads. This places residences within easy access of the business park, commercial areas, the neighborhood park and Clarence H. Lobo Elementary School, while maintaining a functional separation of residential uses.

II. BUSINESS PARK AREAUSES
The business park concept is intended to provide a balanced community through the creation of a substantial employment base integrated with the residential areas. The business park is designed to attract high-technology, light manufacturing, and office uses which are environmentally compatible with adjacent residential and open space uses. The business park uses have been located principally in close proximity to Avenida Pico and Avenida La Pata, and are separated from the residential bowl area by the gateway knoll and ridgeline. The business park provides a variety of employment opportunities.

III. INDUSTRIAL PARK AREAK
The industrial park has been located in an area behind the primary ridgeline, where impacts to residential areas are minimized. The industrial park setting provides infrastructure and design that are suitable for a variety of similar manufacturing and storage operations. Access to the industrial park is taken from Avenida La Pata near the City boundary with Camp Pendleton.

V. MIXED USE AREA
The mixed use center has been located along Avenida Pico in order to benefit all segments of the community of Rancho San Clemente, as well as the City of San Clemente as a whole. The regional shopping uses and entertainment center are expected to draw patrons from the South Orange County region, thus promoting the economic health of San Clemente. A residential area has been approved behind the regional shopping center in accordance with the General Plan "Mixed Use" policies.
440
EXHIBIT 1
IV. COMMERCIAL AREAUSES
The commercial use concept involves provision for a neighborhood commercial center at the north and westwest corners of Avenida Pico and Avenida La Pata and four business commercial sites conveniently accessible to the business park. The business commercial sites are intended to serve the needs of businesses and employees of the Rancho San Clemente Business Park.

V. PUBLIC/INSTITUTIONAL AREAUSES
A public elementary school has been built on the lower portion of the Vista Montana/Del Cerro loop, adjacent to the Rancho San Clemente neighborhood park. Additionally, there is a communications tower in the open space between Planning Areas 8B and 17, a City water reservoir adjacent to Planning Areas 10A and 11B, and a future institutional site at the intersection of Calle Del Cerro and Vista Montana (Planning Area 15).

VI. EMERGENCY SHELTER OVERLAY
On October 18, 2016, the City Council adopted the Emergency Shelter (ES) Overlay within the Rancho San Clemente Business Park (Figure 2-2). An emergency shelter is a facility that provides temporary shelter and feeding for indigents or disaster victims, operated by a public or non-profit agency. State law requires jurisdictions to identify adequate sites for housing which will be made available through appropriate zoning and development standards to facilitate and encourage the development of a variety of housing types. State law requires that local jurisdictions make provisions in the Zoning Ordinance to permit emergency shelters by right in at least one zoning district where adequate capacity is available to accommodate at least one year-round shelter.

The Rancho San Clemente Business Park area was selected for the ES Overlay due to the location’s lack of environmental constraints and realistic potential for development, in addition to the location’s close proximity to public transit, public services, and growing job center
Table 2-1

LAND USE STATISTICAL SUMMARY
441
EXHIBIT 1

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Low Density
Residential
12 28.8 4.5 133
Low Density
Residential
13 21.9 4.5 76
Low Density
Residential
14 21.2 4.5 88
Low Density
Residential
17 26.9 4.5 124
Low Density
Residential
19 30.0 4.5 92
Low Density
Residential
21 33.1 4.5 130
Low Density
Residential
24 14.8 4.5 47
Medium Low
Residential
11A 16.3 7.0 114
Medium Low
Residential
16 8.8 7.0 43
Medium Low
Residential
18 34.0 7.0 204
Medium Density
Residential
10A 10.3 15.0 86
Medium Density
Residential
11B 20.5 15.0 264
Medium Density
Residential
20 25.7 15.0 198
Medium Density
Residential
22 25.3 15.0 368
High Density
Residential
10B 11.5 24.0 250
442
EXHIBIT 1

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Mixed
UseNeighborhood
Commercial / Low
Density Residential
1 78.1 15.0 286
Residential Sub-Total 407.2 2503
TABLE 2-1
(CONTINUED)

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Neighborhood
CommercialBusiness
Commercial
25 2.4 NA NA
Business Commercial 3A 11.3 NA NA
Business Commercial 8A 1.1 NA NA
Business Commercial 276 7.8 NA NA
Business Park
Commercial
267 103.15.6 NA NA
Business Park 2 5.6103.1 NA NA
Business Park 3B 77.3 NA NA
Business Park 3C 1.9 NA NA
Business Park 4 30.6 NA NA
Business Park 5 4.4 NA NA
Business Park 6 8.1 NA NA
Business Park 8B 23.9 NA NA
Industrial Park 7 335.21 NA NA
Open Space
PublicSoftball Park
9 46.9 NA NA
443
EXHIBIT 1
Public and
School/ParkOpen
Space Public
23 A & B 15.7 NA NA
Institutional 15 7.0 NA NA
Open Space/Golf
Course
(Open Space Private)
1,097.0 NA NA
Roads 58.0 NA NA
GRAND TOTAL 1942.5
Section 16. Rancho San Clemente Specific Plan, Figure 2-1, Master Land Use Plan, is amended to depict accurate locations of Zoning Districts and consistent with the General Plan and the amended Table 1-1, Existing Land Use, as shown below:
444
EXHIBIT 1
445
EXHIBIT 1
Section 17. Rancho San Clemente Specific Plan, Figure 2-2, Emergency Shelter Overlay, is added to illustrate location of the Emergency Shelter Overlay per the City’s adopted Housing Element, with subsequent figures renumbered to adjust for the addition of the map. The map is shown below:
446
EXHIBIT 1
Section 18. Rancho San Clemente Specific Plan, Section 203, Affordable Housing Program, is amended to read in its entirety as follows:

San Clemente adopted an Inclusionary Housing Program (IHP) in 1980 to expand affordable housing options in San Clemente. The IHP, as outlined in the City’s Housing Element, requires developers of six or more units to provide a portion of their development to be designated and made available as affordable rental housing on-site, off-site, or through the payment of an in-lieu fee. The fee is based on the gap between the market rate units and the amount needed to subsidize the units at a percentage of household income.

As required by San Clemente's Housing Element - Inclusionary Housing Program, tThe earliest developers of Rancho San Clemente were required toshall provide for a minimum of fifteen percent (15%) of the units built as affordable housing units within Planning Area 1 and 16the Rancho San Clemente Specific Plan area as affordable housing unit.s.

By 1995, a total of 329 affordable dwelling units meeting the Inclusionary Housing Program requirements had been constructed and credited to Rancho San Clemente.

By 1998, all inclusionary projects built in Rancho San Clemente had fulfilled their term of affordability as required by the Inclusionary ProgramIHP established in 1980. In 1996, rather than providing the required affordable dwelling units in Planning Area 1, inclusionary in-lieu fees were paid to the City. The only three two remaining residential areas to be developed are Planning Areas 1 and 16. Each of those Planning Areas has an affordable housing requirement equal to 14% of the total dwelling units built in that Planning Area in order to meet the overall 15% requirement for Rancho San Clemente. Table 2-2 shows the distribution of existing affordable dwelling units and future requirements in Rancho San Clemente.

TABLE 2-2

AFFORDABLE HOUSING DISTRIBUTION
Total D.U.'s Affordable
D.U.'s
% Affordable /
In-lieu Fees Paid
Residential Planning
Areas approved
Prior to 1995
2,174 329 15.1%
Planning Area 1 162 ($347,300 in-lieu fee
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paid)
Planning Area 10B 250 86 34%
Planning Area 11B 100 8 8%
Planning Area 16 43 6 14%
Planning Area 22 368 152 41%
TOTAL 2,379 to 2,503 358 to 375 15%
Section 19. Rancho San Clemente Specific Plan, Section 204, Parks, Open Space and Recreation Trails; Table 2-3, Open Space Statistical Summary, amended as Table 2-2, Open Space Statistical Summary.

NOTE: If the owners of Planning Area 1 choose to revise Tentative Tract 13530 to accommodate 286 dwelling units (the maximum density permitted by the General Plan and this Specific Plan for that Planning Area), the affordable housing requirement for Planning Area 1 will increase from 23 to 40 affordable dwelling units, or 14 % of the ultimate number approved.

Section 20. Rancho San Clemente Specific Plan, Section 204(II), Private Open Space, is amended to read in its entirety as follows:

The City’s Inclusionary Housing Program allows for satisfaction of the affordable housing requirement either on-site, off-site, or through in-lieu fees. Tentative Tract Map conditions for Planning Areas 1 and 16 will allow the developers of those Planning Areas to specify how the Inclusionary Housing Program requirements will be met.

Private open space areas include passive (natural) areas (771.4 acres), recontoured natural areas (77 acres), and active (Pacific Golf Clubgolf course, Rancho San Clemente Tennis Club, etc.) areas (248.6 acres). The passive openspace areas offer aesthetic relief from the urban environment and buffers which define the neighborhoods of Rancho San Clemente. All of the area designated “Open Space, Private” on Figures 2-1 and 2-32 constitute a “Significant Biological Resources” and a “Visual Resources - Ridgeline Protection” Zone. No development, except for the types of development listed in Section 506, Private Open Space Standards, existing tennis club shall be permitted within these overlay zones. Likewise, the Pacific Golf Club is designated for golf course use and shall not be developed with any other uses. 448
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Section 21. Rancho San Clemente Specific Plan, Section 204(III), Bikeways and Recreation Trails, is amended to read in its entirety as follows:

In accordance with Figure 2-32, an extensive network of bicycle, equestrian, and hiking trails will be developed throughout Rancho San Clemente. A regional hiking trail has been constructed along the primary ridgeline, providing access to the knoll area at the gateway to Rancho San Clemente.

This trail extends from the gateway knoll in a clockwise direction along the ridgeline to Planning Area 24, encompassing the residential bowl area.

Planning Area 1 has been conditioned to provide a connection to the off-site Forster Ranch Ridgeline trail in accordance with Figure 2-32.

Class I off-road bikewaysbike paths are to be constructed along the west side of Avenida Pico, from the boundary of Talega, to the boundary of Marblehead InlandCamino Vera Cruz, and along the north side of Avenida La Pata from Avenida Pico to the Forster Ranch boundary. Class I off-road bikewaysbike paths are to be separated from the curb by means of a landscaped parkway averaging at least 6 feet in width, except within 50 feet of street intersections, where bikeways may be placed adjacent to the curb. The Class I bike path along Avenida Pico is planned to be extended from Camino Vera Cruz to the boundary of Marblehead Inland.

Class II bike paths are constructed along Avenida Pico and Avenida La Pata, with the planned extension of a Class II bike path in Forster Ranch on Camino Vera Cruz to terminate at Avenida Pico. A Class II bike path is planned for the east side of Avenida Pico from the boundary of Marblehead Inland to the boundary of Talega.

Class III bike paths are planned within the residential areas on Rancho San Clemente along Calle Del Cerro starting at Avenida Pico to Avenida Vista Montana, and then along a portion of Avenida Vista Montana. Class III bike paths are also planned in the business park area along the entire length of Calle Amanecer.

Section 22. Rancho San Clemente Specific Plan, Section 205, Grading Concept, is amended to remove the following sentence:

A grading concept has been approved for Planning Area 1 to accommodate an approved mixed use development.
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Section 23. Rancho San Clemente Specific Plan, Section 206, Circulation Plan, is amended to read in its entirety as follows:

Figure 2-3 shows the Circulation Plan for Rancho San Clemente. The definitions for roadway classifications are found in the General Plan Circulation Mobility and Complete Streets Element. The Circulation Plan contains the following roadway elements:

I. Avenida Pico is a Major Arterial Highway providing access to the Rancho San Clemente Specific Plan area. Avenida Pico will ultimately connect the Foothill Transportation Corridor with the Interstate 5 Freeway.

II. Avenida La Pata is a Major Arterial Highway Roadway west of Avenida Pico and planned as a Primary Arterial Highway Roadway east of Avenida Pico.

It provides access to the business and industrial parks, as well as the Pacific Golf golf Club course and the Richard Steed Softball Park. Avenida La Pata will ultimately be extended northward through the Prima Deshecha Regional park site to Ortega Highway.

III. Camino Vista PacificaVera Cruz is a secondary Secondary Roadway arterial highway which will provide a link between the communities of Rancho San Clemente, Marblehead Inland, and Forster Ranch. It connects Avenida Pico and Avenida Vista Hermosa.

VI. Calle Del Cerro is a secondary arterial from Avenida Pico eastward to its intersection with Avenida Vista Montana. From that point on it becomes a local collector street.

IV. Local Collectors within Rancho San Clemente include Calle Del Cerro, Avenida Vista Montana, Calle Pastadero, Calle Amanecer, Avenida Vista Montana and several other streets in the business park.

The internal circulation system is designed to respect the topography while providing the most efficient and convenient access with minimum pavement area.

The circulation system includes three major internal roadways: Calle Del Cerro, Avenida Vista Montana, and Calle Amanecer. These collector streets connect the interior neighborhoods of Rancho San Clemente with Avenida Pico and La Pata.

Calle Amanecer serves the business park, while a loop system composed of Calle Del Cerro and Avenida Vista Montana serves the residential area. Separate monumented entry ways have been installed at the residential and business park entries from Avenida Pico. Main access to Planning Area 24 is provided through the 450
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newer portion of Avenida Salvador, with emergency access from Avenida San Pablo.

Implementation of circulation improvements is addressed in Chapter 4, Phasing and Implementation. As stated in Section 207, rights-of-way, parkways, setbacks, landscaping, and other design features for scenic highways shall be in accordance with the City's General Plan, Scenic HighwaysMobility and Complete Streets Element and Master Landscape Plan for Scenic Corridors. For safety and aesthetic reasons, street parking will generally be prohibited on Aarterial Hhighways within Rancho San Clemente, unless the City determines that unusual circumstances justify such parking.

Section 23. Rancho San Clemente Specific Plan, Section 207, Landscape Concept, is amended to fix minor typo and replace “Master Landscape Plan For Scenic Corridors” with “MLPSC” in two separate sentences within the last paragraph.

Section 24. Rancho San Clemente Specific Plan, Section 303 (II), Business Park/Industrial Park, is amended in its entirety to read as follows:

A. Pedestrian Orientation - The siting of buildings around common pedestrian walkways is encouraged. Pedestrian walkways should be provided connecting individual buildings.

B. Outdoor Lighting - Parking lot and outdoor lighting should be the minimum needed to accommodate safety and security, while minimizing impacts on surrounding residential areas. Lighting of any facility should be oriented away and shielded from neighboring residential properties. In addition, the lighting should not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets. Decorative fixtures with shields to direct light downward should be used for overhead lighting. Bollard or other lowheight lighting should be used whenever possible for pedestrian areas.

Light fixture design should be consistent with the character of the project.

C. Project Identification Signs - Projects should be identified by low-level monument signing in order to provide business center identification.

Such signs may include logos and should be harmonious in scale, form, materials, and colors with project buildings, walls, and other structures.

Signs must comply with the Signthe Sign Ordinance.
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D. Variations in Building Footprint - Building footprints should be designed with variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create visual interest and give a sense of small scale.

E. Parking Lot RegulationsBuffering

1. Parking Lot Buffering – There There should be a buffer area of at least five (5) feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls. Except where there are walkways, this buffer area should be landscaped. Parking and circulation areas should be screened from the street by landscaping and berming.

Vehicle Inventory and Display – Automotive Service uses should locate outdoor vehicle inventory and vehicles for display in excess of 10 vehicles behind any building façade line of the primary building that faces the public right of way or when in view of residential uses. Automotive Service uses providing outdoor vehicle inventory or display in front of the building façade line in excess of 10 vehicles are subject to the Landscape Guidelines set forth in Section 304 V. - Landscape Buffering and Screening for Automotive Uses.

2. F. Screening of Service Areas - Service and storage areas and trash enclosures should be screened from public view by means of walls and landscaping. Automotive Service uses should adequately screen from public view outdoor equipment and supplies including but not limited to tire-racks, waste barrels, air compressors, vehicle parts and accessories, or similar items.

Section 24. Rancho San Clemente Specific Plan, Section 304, Landscape Guidelines, is amended to add Section 304(V), Landscape Buffering and Screening for Automotive Uses, and reads in its entirety as follows:

V. LANDSCAPE BUFFERING AND SCREENING FOR AUTOMOTIVE USES Automotive Service uses requiring the screening of on-site vehicle inventory 452
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and display are subject to Landscape Guidelines set forth in Chapter 304 in addition to the landscape guidelines provided below. Commercial and industrial uses in the Business and Industrial Parks are predominantly prohibited from operating outdoors. To accommodate the general nature of automotive uses’ outdoor operations, while ensuring the continuity of highquality design along public streets, additional landscape buffering and screening is required.

A. Intent of Landscape Screening – Additional landscaping required for Automotive Service uses should provide adequate screening of vehicles displayed outdoors so as to soften the appearance of the outdoor use from the perspective of the public right-of-way without creating a harsh or uninviting appearance caused by a long expanse of tall, unlandscaped walls and fences.

B. Location of Required Screening – All planting, berming, fencing and/or walls required for screening should be installed within the established 20-foot front yard landscaped buffer area and streetfacing side-yard setback area along the perimeter of the vehicle inventory and display area. However, at the discretion of the approving authority, all or a portion of the required screening may be placed outside of the required landscape buffer area where, because of topographical or other physical constraints, such alternative location provides the most effective screening. All landscaping installed shall be aesthetically located to maximize buffering to any adjoining uses.

C. Boundary Landscaping Within Property - Boundary landscaping should be installed to create a hedge type buffer screen along all parking lots and vehicle display areas with one tree at least 15 gallons in size at planting time for every 15 lineal feet on average. All tree selection should be drought tolerant and Evergreen/non-fruit bearing.

D. Landscape Coverage – The project should implement a wall, fence, or a continuous opaque barrier of dense vegetation with at least seventy percent (70%) opacity so as to form a continuous visual screen at a height of 3.5 feet measured from the elevation at the established curb.

Where sloping topography within the landscape area has a rise equal 453
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to or greater than 3.5 feet as measured from the elevation at the established curb, a continuous visual screen is not required.

E. Walls and Fences – Walls or fences located within the required 20-foot front yard landscape area should be no greater than 3.5 feet in height, appear solid with no visible gaps, and have a design to match the architectural style of the building on site. At least seventy percent (70%) of the street side of a screening wall or fence should be landscaped with plant materials at least equal to the fence/wall height. Plant material fences are preferred for aesthetic quality rather than masonry walls and fences.

F. Plant Arrangement – Landscape screen plant material, other than trees, should be no less than five gallons in size with staggered placement and provide two (2) or more rows and be arranged to lessen the visual gaps between trees. Plants may be grouped, clustered, or unevenly spaced to prevent the creation of an unnatural appearance in the landscape. Drought tolerant plants suitable to San Clemente’s soil should be implemented within the landscape design plans and accompanied with the required site specific agronomic soil report and recommendations.

Section 25. Rancho San Clemente Specific Plan, Section 305, Architectural Guidelines, is amended to remove references to “mixed use” Planning Areas, and address minor grammatical error to the last sentence of the first paragraph, read as follows:

These guidelines have been developed to establish a high level of product quality, assurequality, assure both variety and compatibility, and to enhance the community's overall value.

Section 26. Rancho San Clemente Specific Plan, Section 305(II), Neighborhood and Mixed Use Commercial, is amended to remove reference to mixed use in the section title.

Section 27. Rancho San Clemente Specific Plan, Section 305(III, E), Wall Materials, is amended to correct a typo changing the word “eighty” to “seventy”.

Section 28. Rancho San Clemente Specific Plan, Section 305(III, I), Fences and Walls, is amended to read in its entirety as follows:

Fences and walls used for screening or enclosures should be solid and constructed 454
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of materials compatible with the main building. Chain link fencing should be avoided and is prohibited when in view from the public right-of-way or any residential use.

Section 29. Rancho San Clemente Specific Plan, Section 401, Development Phasing, is amended to read in its entirety as follows:

As of the 1995 2022 adoption of this Specific Plan revisionupdate, most all of the remaining undeveloped land iswas in the areas designated Bbusiness Ppark or, Iindustrial Ppark areas or commercial use. Development within Rancho San Clemente began in 1984 and is projected to continue until about 2000. At the close of the year 1995, the business park and industrial park were experiencing steady buildout, and grading plans for the regional shopping center were being processed. The remaining residential parcels were in the preparation stages for development.Most of the Specific Plan is built-out with, and at the time of this update, there were no submitted development proposals for the remaining vacant lots.

Section 30. Rancho San Clemente Specific Plan, Section 402, Circulation Phasing, is amended to read in its entirety as follows:

The arterial highway system within Rancho San Clemente has been completed for a number of years. In the years ahead, only improvements to implement the Mobility and Complete Streets Element of the General Plan are anticipated.

However, in February, 1995 a new secondary arterial highway was added to the General Plan Circulation Element (General Plan Amendment No. 95-01). The new road, called Camino Vista Pacifica, will be constructed in concert with the regional shopping center approved in Planning Area 1 (Plaza Pacifica).

Section 31. Rancho San Clemente Specific Plan, Section 403, Bikeway and Trail Phasing, is amended to correct location of Class I bicycle trail and remove the following sentence from the first paragraph:

These trails are to be constructed by the developers of the regional and neighborhood commercial areas west of Avenida Pico.

Section 32. Rancho San Clemente Specific Plan, Section 404(II), Drainage System, is amended to correct the title of “City Master Plan of drainage” to “City Drainage Master Plan”, and strike the last two sentences of the second paragraph and reword as follows:

When discretionary review is required, uses within Planning Area 7 shall be subject 455
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to the following mitigations to protect the quality of surface runoff.

Section 33. Rancho San Clemente Specific Plan, Section 501(I, B), Applicability, is amended to read in its entirety as follows:

A. Purpose - The residential development standards are established to accommodate residential development including single family and multifamily dwelling units at a maximum density of:

ZONING DISTRICT DENSITY
RL Residential Lowow Density Residential: 4.5 D.

U./Gross Acre
RML Residential Medium-Low Density Residential: 7.0
D.U./Gross Acre
RM Residential Medium Density Residential: 15.0 D.

U./Gross Acre
RH Residential High Density Residential: 24.0 D.

U./Gross Acre
B. Applicability - This Section applies to all residential Planning Areas and the residential portion of the Mixed Use Planning Area, according to the following density standards:

ZONING DISTRICT

PLANNING AREA
RL Low Density Residential:Residential Low:
1(Res), 12, 13, 14, 17, 19, 21, 24
RML Residential Medium-Low Density Residential: 11A, 16, 18 RM Residential Medium Density Residential: 1(Res.),
10A, 11B, 20, 22
RH Residential High Density Residential: 10B
Section 34. Rancho San Clemente Specific Plan, Section 501(II), Principal Uses Permitted, and 502 (III), Conditional Uses Permitted, are amended to remove Large family day care homes as a conditional permitted use and add Family Day Care Homes as an accessory permitted use in residential districts.

Section 35. Rancho San Clemente Specific Plan, Section 503 (VI, G), Administrative Adjustments to Standards, is amended to reference Minor Exception permitting requirements current with the City’s Zoning Code and read in its entirety as follows:
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Administrative Minor Adjustments to Standards - In order to foster design creativity and innovation, the Zoning Administrator Planning Division mmay grant administrative adjustmentsMinor Exceptions to the standards in this Paragraph F in accordance with the Zoning Ordinance if it determines that all of the requirements of the Administrative Adjustments Section of the Zoning Ordinance have been satisfied.

Section 36. Rancho San Clemente Specific Plan, Table 5-1, Conventional Subdivisions, and Table 5-2, Planned Unit Developments, are amended to add minimum front yard setbacks from Private Streets for residential zoning districts shall be consistent with approved tract development plans. This section is also amended to clarify the referenced Zoning Ordinance sections are provided in Appendix A, rather than Appendix B.

Section 37. Rancho San Clemente Specific Plan, Chapter 5, Development Standards, is amended to change all abbreviations for Light Industrial Zoning Districts from “I2” to “LI” and Heavy Industrial abbreviations from “I3” to “HI”, as well as remove references to mixed use zoning districts and refer to all Neighborhood Commercial zoning districts as NC1.2.

Section 38. Rancho San Clemente Specific Plan, Section 502(I, B), Applicability, is amended to include Planning Area 1 in Neighborhood Commercial Standards.

Section 39. Rancho San Clemente Specific Plan, Section 502(IV), Accessory Uses and Structures Permitted, is amended to read in its entirety as follows:

Other accessory uses and structures determined by the City Planner to be normally incidental to a permitted principal or conditional use.

Section 40. Rancho San Clemente Specific Plan, Section 502(VI, A), Minimum Lot or Building Site Area and Width, is amended to read in its entirety as follows:

Minimum Lot or Building Site Area and Width - None, except that the minimum project area for Site Plan Review shall be 2 acres.minimum lot standards are established in the Site Plan Permit review process.

Section 41. Rancho San Clemente Specific Plan, Section 502(VI, E), Other Setbacks, is amended to read in its entirety as follows:

Other Setbacks - As approved by the City Planner in conjunction with Site Plan Review.

Section 42. Rancho San Clemente Specific Plan, Section 503, Mixed Use Standards, is struck in its entirety with following sections renumbered accordingly. 457
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Section 43. Rancho San Clemente Specific Plan, Section 504 (I, B), Applicability, is amended to reclassify the zoning for Planning Area 3C from Industrial Park to Business Park.

Section 44. Rancho San Clemente Specific Plan, Section 504(II), Permitted Uses in Industrial Zones, is amended to title the existing permitted use table as “Table 5-3, Industrial Zone Permitted Uses”. This section is also amended to add Emergency Shelters as a permitted use, as well as rename “Recreational Vehicle Storage” as “Private Vehicle Storage” and re-categorize Private Vehicle Storage uses to Table 5-4, Automotive Service Uses.

Section 45. Rancho San Clemente Specific Plan, Section 504(II), Permitted Uses in Industrial Zones, is amended to add Section 504(II, A), Automotive Service Uses, and reads in its entirely as follows:

Automotive Service Uses – The Rancho San Clemente Specific Plan supports the development and use of auto sales and services within the Business and Industrial Parks with leniency given to Electric Vehicle Dealerships to facilitate goals and policies of the City’s General Plan Natural Resource Element and Climate Action Plan. Automotive services are permitted or conditionally permitted per Table 5-4 below.

Table 5-4
Automotive Service Uses
Automotive Services Business
Commercial
Business
Park
Industrial
Park
Vehicle Rentals, Sales, and Dealerships:
a. Outdoor 10 or fewer vehicles P P
b. Outdoor more than 10 vehicles MCUP MCUP
Electric Vehicle Dealership:
a. Outdoor 30 or fewer vehicles P P
b. Outdoor more than 30 vehicles MCUP MCUP
Auto-Delivery Center P P
Vehicle Repair:
a. Major Repair CUP CUP
b. Minor Repair P P
Service Stations CUP CUP
Car Wash CUP CUP
Vehicle Parts Stores (retail only) P P
Private Vehicle Storage P P
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Section 47. Rancho San Clemente Specific Plan, Section 504(V), General Development Standards, subsections D, E, and F, are amended in their entirety to read as follows:

D. Administrative Adjustments to Standards - In order to foster design creativity and innovation, the Planning Division may grant administrative adjustments to the standards in this Chapter 5 of the Rancho San Clemente Specific PlanParagraph F in accordance with permitted exceptions in the City’s Zoning Ordinancethe Zoning Ordinance where administrative or discretionary permits allow for such adjustments.if it determines that all of the requirements of the Administrative Adjustments Section of the Zoning Ordinance have been satisfied.

E. Enclosure and Screening - All uses, except for outdoor eating areas which are approved in accordance with the Zoning Ordinance, parks, and open space, outdoor vehicle inventory and vehicle display for automotive service uses, and outdoor eating areas which are approved in accordance with the Zoning Ordinance, shall be conducted entirely within an enclosed building or within an area enclosed on all sides by a solid wall or fence not less than six feet in height. If a use is to be conducted outdoors with an approved Site Plan, it shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) and screened with landscaping in addition to walls and/or fences. Refer to Chapter 3 - Design Guidelines for acceptable wall and fence materials.

F. Refuse Collection Areas - All refuse collection areas shall be visually screened from streets and adjacent properties by a covered, an opaque structure consistent with requirements established in the Zoning Ordinance, and shall not be permitted between the street and the front building line, and shall comply with Orange County Fire Authority Standards.

Section 48. Rancho San Clemente Specific Plan, Section 504(V), General Development Standards, is amended to add Section 504(V, G), Automotive Service Uses, and reads in itsits entirely as follows:

Automotive Service Uses - This section establishes specific development and land use standards for Automotive Service uses. Where standards not listed in this section, refer to general development standards in the San Clemente Municipal Code.
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1. Outdoor Vehicle Inventory and Display – Auto-Delivery Centers and Vehicle Dealerships, including the sale, renting, and or leasing of new or used vehicles, shall locate outdoor vehicle inventory and vehicles for display in excess of 10 vehicles behind any building façade line of the primary building that faces the public right of way. Vehicles for display shall be located within the display area as designated by any required permit or business license issued by the City. Areas designated for employee and customer parking shall not be used for vehicle inventory or display. Vertical automobile lifts located outdoors shall not be visible from the public right of way or residential uses within 1,000 feet of the establishment measured from the property line.

Outdoor vehicle inventory and display in excess of 10 vehicles located in front of the building façade line shall incorporate adequate screening from the view of the public right- of- way and nearby residential uses within 1,000 feet of the establishment measured from the property line, and, and shall be designed in compliance with Section 304 V. - Landscape Buffering and Screening for Automotive Uses. No building permit or business license shall be issued until the required landscaping plan has been submitted and approved.

2. Screening of Equipment and Supplies - Outdoor equipment and supplies including, but not limited to, tire-racks, waste barrels, air compressors, vehicle parts and accessories, and any items deemed similar, shall not be visible from public right-of-waystreets and adjacent residential uses within 1,000 feet of the establishment measured from the property line.

3. Screening of Service Areas – Services related to major and minor repair automotive service uses, including automotive establishments offering ancillary major or minor repair services, shall be entirely contained within the building(s) and access points to the service bays shall not be oriented towards the public right- of- way and residential uses within 1,000 feet of the establishment measured from the property line.

4. Sign Regulations – Automotive Services, including the repair, sale, renting, distribution, and/or leasing of new or used vehicles, shall not incorporate promotional or manufactured retail signage, including banners, stickers, flags, for-sale signs, or similar types of signage on site or attached to vehicles stored or displayed on site, except as approved 460
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by a Temporary Banner Permit, Discretionary or Administrative Sign Permit, or Special Activities Permit. On-site signs advertising the business shall strictly adhere to the requirements of the San Clemente Municipal Code and adopted plans and policies.

5. Vehicle Washing Area – Indoor or outdoor vehicle washing areas, including but not limited to car wash bays or outdoor wash racks, and the general washing, cleaning, and/or waxing of automobiles by hand or with manually or automatically operated equipment, as a primary or ancillary use to an automotive service establishment, shall not be located visible or audible from any public street or residential property; and washing activity shall meet all applicable water quality regulations.

6. Parking Requirements – All parking standards and requirements shall be in accordance with Zoning Ordinance. For the purposes of determining required parking, Auto Delivery Centers and Electric Vehicle Dealerships shall be the same numerical requirement as Vehicle Dealerships.

7. Inoperable Vehicles and Junked Parts – No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building, unless screenedpermitted through the Site Plan Permit process established in the Zoning Ordinance.

8. Private Vehicle Storage – For Private Vehicle Storage uses, the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for any automotive use, shall conform to the Zoning Ordinance. Further, such parked or stored vehicles shall not be visible from the public right- of- way or residential uses within 1,000 feet of the establishment measured from the property line and shall be screened so as not to be visible from any scenic corridor.

9. Minimum Operating Standards – In addition to operational standards and regulations listed in Zoning Ordinance sections 17.28.310, Vehicle Dealerships, Rental, and Sales; 17.28.320, Vehicle Service and RepairRelated Facilities; and 17.28.290, Service Stations, the following shall apply to all Automotive Service uses:
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i. Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit or required business license.
ii. Auto dealers shall provide to all sales and service employees a map which designates areas for test driving. This map shall note that test driving in residential areas shall be strictly prohibited.
iii. The establishment shall provide, if applicable, a queuing area for vehicles awaiting service or pick-up to prevent parked or stored vehicles in any portion of the public right-of-way in the city. i. Automotive servicing or repair is permitted as an accessory use for Vehicle Dealerships and Auto-Delivery Centers that offer maintenance and servicing of the type of vehicles sold on site. All auto repairs shall occur within an enclosed building.
i.iv.
ii. All uses shall operate so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, and temporary construction activities conducted pursuant to a building permit, areis exempted from this standard.
iii.
v.
ii.vi. All uses shall meet the air-quality standards of the South Coast Air Quality Management District (AQMD). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while outside of, or within in the lot containing such uses.
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Section 49. Rancho San Clemente Specific Plan, Section 505(II), Principal Uses Permitted, is amended to add Emergency Shelters as a permitted use.

Section 50. Rancho San Clemente Specific Plan, Section 505(IV, B), Temporary Uses and Structures Permitted, amended to read in its entirety as follows:

Outdoor festivals and similar events within public parks if approved by the City’s Beaches, Parks and Recreation Department..

Section 51. Rancho San Clemente Specific Plan, Section 505(V), Development Standards, is amended to add the following sentence at the end of the last paragraph:

Development standards applicable to Emergency Shelters are contained in the Zoning Ordinance.

Section 52. Rancho San Clemente Specific Plan, Section 506, Private Open Space Standards, is amended to read in its entirety as follows:

I. PURPOSE AND APPLICABILITY

1. Purpose - The purpose of this Section is to provide for the preservation of open space and of major ridgelines and their adjacent open areas which provides significant biological resources and visual resources, with limited recreation uses.

2. Applicability - This Section applies to all areas designated Private Open Space or Golf Course Open Space on Figure 2-1.

3. Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Ordinance shall regulate. An index of Zoning Ordinance sections is listed in the Appendix AB of this Specific Plan.

4. Land Uses Not Listed - In cases where it is not clear whether a proposed land use is permitted under this Section, the Planning Commission shall determine if the use is consistent with the Purpose set forth above and is either permitted as a principal, conditional, accessory, or temporary use, or is not permitted.

5. Site Plan Review - All projects regulated by this Section shall be subject to Site Plan Review in accordance with Section 601. 463
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II. PRINCIPAL USES PERMITTED

1. Open Space.

2. Public Recreation Trails and Utilities.

3. Recreation Facilities (limited to the existing golf club, located at 200 Avenida La Pata, and tennis club, located at 111 Avenida Vista Montana).

4. Infrastructure facilities and extensions necessary to serve the open space area and adjacent development areas, such as roads, utilities, and flood control improvements. Minor public utility projects initiated by Outside Agencies.

III. CONDITIONAL USES PERMITTED

1. Parks, athletic fields and recreation centers.

2. Agricultural uses that do not alter the natural topography of the site.

3. Major public utility projects initiated by Outside Agencies III.IV. ACCESSORY USES AND STRUCTURES PERMITTED

1. Structures incidental and accessory to permitted uses.

2. Other uses accessory and incidental to a permitted use as determined by the City Planner, such as the sale of food and beverages.

3.2. IV.V. DEVELOPMENT STANDARDS
All structures and/or parking areas shall be set back a minimum of 30 feet from any street. All other development standards shall be determined through review of a Site Plan Permit and shall conform to Section 304 II.

Scenic Highways.

Section 53. Rancho San Clemente Specific Plan, Section 507(I, C), Standards 464
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Not Listed, is amended to clarify index of related Zoning Ordinance sections are provided in Appendix A.

Section 54. Rancho San Clemente Specific Plan, Section 601 (III), Concept Plan Required, is struck in its entirety, and following sections renumbered accordingly.

Section 55. Rancho San Clemente Specific Plan, Section 601 (V), Architectural Permits, is amended to read in its entirety as follows:

All applications for new and subsequent non-residential development within the Rancho San Clemente Specific Plan shall be subject to approval of an Architectural Permit in accordance with the Zoning Ordinance., unless a Concept Plan is approved for that Planning Area. The purpose of the Architectural Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Architectural Permits Section of the Zoning Ordinance. The City may impose specific conditions on Architectural Permits in addition to the requirements of this Specific Plan. Applications for anything other than new development shall be reviewed and processed in accordance with the Zoning Ordinance requirements for Architectural Permits or Minor Architectural Permits as determined by the Zoning Ordinance.

Section 56. Rancho San Clemente Specific Plan, Section 601, Development Review Procedures, is amended to add Section 601 (VI), Minor Conditional Use Permits, and reads in its entirety as follows:

MINOR CONDITIONAL USE PERMITS
In addition to the general findings for approval of a Conditional Use Permit or Minor Conditional Use Permit per the Zoning Ordinance, Automotive Service uses requiring a Use Permit shall make the following findings prior to approval:
i. Vehicle inventory and display located outdoors, unless permitted by right, incorporate adequate view protection from the public right of way and nearby residential uses designed in accordance with Landscape Buffer and Screening design guidelines.
ii. Vehicle inventory associated with the business is stored on site unless permitted through an Off-site Parking Agreement approved in accordance with the Zoning Ordinance.

Section 56. Rancho San Clemente Specific Plan, Section 601(VII), Residential Growth Management, is amended to remove reference to Measure B as Chapter 38 of 465
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the Municipal Code.

Section 57. Rancho San Clemente Specific Plan, Chapter 7, Definitions, is amended to add definitions for Agricultural Uses and Automotive Service Uses, as follows:

Agricultural Uses shall mean farming, including all types of agriculture and horticulture, grazing, and small animal farms not including commercial kennels, poultry farms, or dairies. Cannabis growing operations are not considered an agricultural use.

Automotive Services shall mean the provision for consumers of the selling, leasing, renting, and major/minor maintenance repair care related to automotive and recreational vehicles. Automotive vehicles include petroleum powered vehicles, as well as fully-electric vehicles and petroleum-electric hybrid vehicles as pertaining to cars/trucks or similar freeway drive automobiles.
o “Electric Vehicle Dealership” means a vehicle dealership and automobile sales agency that only sells and/or distributes fully-electric vehicles on-site.

Fully-electric Vehicles are limited to those whose in-vehicle power source is completely reliant on recharging via connection/plug-in to some electrical source. Petroleum-electric hybrid vehicles and/or vehicles that employ hydrogen for automotive power are not considered fully-electric vehicles. o
o1. An Electric Vehicle Dealership may act as a stand-alone sales or distribution center for fully-electric vehicles, and/or in conjunction with Minor Repair services exclusively dedicated to fully-electric vehicles.
o2. No manufacturing of fully-electric vehicles shall take place on-site at an Electric Vehicle Dealership. The sale or lease of used fully-electric vehicles will only be permitted in conjunction with the sale of new fully-electric vehicles on the same site.
o
o “Auto-Delivery Center” means a place of business primarily engaged in the sales or leasing of new pre-sold or new pre-ordered vehicles with no more than 10 vehicles on display outdoors at any given time and where the establishment may operate in conjunction with ancillary repair services. o “Vehicle Dealerships” means a place of business primarily engaged in the sales or leasing of new and/or used vehicles and may include ancillary rental, parts sales, and vehicle repair.
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o "Vehicle Rental" means a place of business limited to an office use and engaged in renting vehicles.
o "Vehicle Sales" means a business, other than a vehicle dealership, engaged solely in buying, selling, and/or leasing used vehicles. o "Major vehicle repair" means establishments which operate entirely indoors and provide major repair and maintenance related to motor vehicles and generate, treat, store, or dispose of hazardous waste materials as defined by the California Health and Safety Code.
o "Minor vehicle repair" means establishments which operate entirely indoors and provide minor routine care and maintenance related to motor vehicles.

Typical uses would include, but not be limited to, radiator, transmission, muffler, cooling system, and brake repair shops, tire stores and wheel adjustments, alignment shops, auto-body detailing shops, stereo installation, diagnosis and tune-up services, oil and lubrication services, auto glass repair and installation, automotive seat covers and re-upholstery, and electrical repair, such as battery charging, repair/replace starter, alternator, generator, rewiring of automobile components such as lights, gauges, and stereos.
o “Service Stations” means any premises where vehicle-related gasoline and other fuel products or services are sold, including car washes and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. This definition shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. o “Car Wash” means a standalone commercial establishment providing the washing of automobiles where vehicles move along self-propelled mechanical wash racks, vehicles are washed by hand, or a self-service car wash service is provided. A garage, gas station, delivery center or vehicle rental, sales, or dealership, or similar automotive service, are not considered car washes.
o “Vehicle Parts Store” means retail sales of vehicle-related parts with no onsite installation of parts or other vehicle services. 467
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o “Private Vehicle Storage” means the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for automotive service uses where on-site customer engagement does not occur, and where vehicle inventory or storage located outside is not visible from the public right of way or residential uses. o “Vehicle Display Area” designated outdoor area of a property operating as an automotive service establishment where vehicles are displayed and the location of such area is approved through any necessary permitting or licensing process.

Section 57. Rancho San Clemente Specific Plan, Chapter 7, Definitions, is amended to remove reference to mixed use zoning districts and standards, remove reference to Chapter 38 and Chapter 39 of the Municipal Code for definition pertaining to Growth Management Program, remove definition for Large Family Day Care Home, and rename definition for Light Manufacturing Uses to Light Industrial Uses.

Section 58. Rancho San Clemente Specific Plan is amended to strike Appendix D, Current Resolution of Approval for Plaza Pacifica Project, in its entirety. 468
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Specific Plan Amendment 21-229
Marblehead Inland Specific Plan
Section 1. Marblehead Inland Specific Plan, Title Page (page 1), is amended to remove history of Specific Plan amendments and rename title of the document from “Summary of Marblehead Inland Master Specific Plan” to “Marblehead Inland Specific Plan” with references to the title throughout the document changed accordingly.

Section 2. Marblehead Inland Specific Plan is amended to modify the header of every page to read “Marblehead Inland Specific Plan”.

Section 4. Marblehead Inland Specific Plan, second and third pages of document, are amended to include history of Specific Plan amendments to date and remove reference to original consultant, “The Lusk Company”.

Section 5. Marblehead Inland Specific Plan, Introduction, is amended to read in its entirety as follows:

In 1979, the City of San Clemente approved the development plan for the Marblehead Inland development with a zoning designation of O-S (PRD), in conformance with Sections 17.44, Open-Space Zones and Standards, and 17.56.040, Planned Residential District (PRD) of the San Clemente Zoning Ordinance.4.21 Open Space Districts (O-S) and 4.24 Planned Residential District (PRD) of the San Clemente Zoning Ordinance.

In June 1981, the San Clemente City Council certified a Supplemental Environmental Impact Report for proposed Tract Map no. 10687. This allowed the construction of the 192 "affordable" multi-family unit project known as Lanesboro, which was approved by the City of San Clemente as a density bonus (Condition of Approval No. 38 of the Tentative Tract 8818). These units are included in the total unit count but not the density calculations.

In 1984, The Lusk Company revised certain portions of the approved Master Plan and Specific Plan, in accordance with the requirements and procedures set forth in the PRD regulations. The revised Marblehead SpecificMaster Plan was approved by the City of San Clemente in 1984, and is included as Page 4 of this booklet. Upon approval of the Marblehead Inland Planned Community, all revised land uses were designated O-S (PRD) with the exception of the institutional use site (church site) and perimeter open space that was designated O-S only. It should be noted that PRD requirements, including the contents of Master Plans and Specific Plans, differ from the requirements of the Planned Residential District (PRD) outlined in the General Plan and Zoning Code.

The approved Marblehead SpecificMaster Plan provides for 1335 dwelling units, based upon an overall base density of 1.5 dwelling units per acre over the total project area of 469
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762 acres plus a density bonus of 192 dwelling units for affordable housing.

Following is a summary of approval and construction dates for the various developments in Marblehead Inland:

Section 6. Marblehead Inland Specific Plan, Table of Contents, is amended to read in its entirety as follows:

Section 7. Marblehead Inland Specific Plan, Exhibit A, Existing Master Plan, is amended to provide a higher-quality image for clarity to existing conditions, with no changes to locations and boundaries of Planning Areas as follows:
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Section 8. Marblehead Inland Specific Plan, Exhibit C, Summary of Development Standards, is amended to clarify development standards for all Public and Open Space Zoning Districts shall refer to the Zoning Ordinance as read below:

Public Zones: Refer to SCMC Chapter 17.48, Public Zones and Standards, for general development standards and permitted uses pertaining to parcels with public zoning designations.

If development standards and uses are not specifically addressed in the Zoning Ordinance, Municipal Code Section 17.04.040 governs.

Open Space: Refer to SCMC Chapter 17.44, Open-space Zones and Standards, for general development standards and permitted uses pertaining to parcels with public zoning designations.

If development standards and uses are not specifically addressed in the Zoning Ordinance, Municipal Code Section 17.04.040 governs.

Section 9. Marblehead Inland Specific Plan, Exhibit C, Summary of Development Standards, is amended to include footnote #15 for “Front Yard (Maximum Height)” in Institutional zones concerning walls, hedges, and fences, as read below:
(15) The maximum heights of walls, hedges, and fences within the approximately 5.6-acre portion of the Institutional Site designated as Parcel 1 in Parcel Map No. 84-827 shall be 471
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determined as part of the Site Plan review process.

Section 9. Marblehead Inland Specific Plan, Exhibit B, Summary of Existing and Proposed Land Uses, is amended to provide continuity with Exhibit A, Existing Master Land Use Plan as follows:

Section 10. Marblehead Inland Specific Plan, Section, General Development Standards, concerning fences, walls, and hedges, is amended to clarify that height restrictions limiting fences, walls, and hedges in side and rear yards are in direct reference to development standards provided in the City’s Zoning Ordinance, and reads as follows:
 Per the City’s Zoning Ordinance, Ffences, walls and hedgesshall not exceed six (6) feet in height in side and rear yards. See Exhibit "C", page 6, for further restrictions on fences, walls and hedges in front yards.

Section 11. Marblehead Inland Specific Plan is amended to enhance the quality of table on page 21 titled “Marblehead Inland” which provides details on the number of acres and dwelling units, and housing types for each planning area. 472
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Specific Plan Amendment 21-229
Talega Specific Plan
Section 1. Talega Specific Plan, Table of Contents, is amended as follows with the amended sections, figures, and appendices adjusted throughout the document to match:
 Rename Section 208, “Mixed Use” as “Village Center”
 Rename Figure 2-1, “Community Vision” as “Focus Area”  Remove Section 506, Institutional Land Use Standards
 Remove Section 507, Golf Course Standards
 Remove Section 508, Institutional Land Use Standards
 Description of Appendices A and C are amended as follows:

A. Amended and Restated Development Agreement for Talega Property by and among the City of San Clemente , the Talega Joint Planning Authority and Talega Associates, LLC.

C. Joint Powers Agreement Creating the Talega Joint Planning Authority (JPAT) Note: The JPAT has since dissolved following the annexation of unincorporated areas of Talega)
Section 2. The following sections of the Talega Specific Plan are amended to remove and/or clarify information pertaining to the dissolved Talega Joint Planning Authority (JPAT) as follows:
 Section 101, Purpose of the Specific Plan, is amended to remove the following sentence from the first paragraph:

A Joint Planning Authority, consisting of a Board made up of three City Council appointed members and two County Supervisor appointed members and a Planning Commission made up of two City appointed staff members, two County appointed members and one member appointed by the Orange County Fire Authority (OCFA), was formed to govern administrative processes such as future discretionary entitlements, technical plan checks and technical inspections, and to administer the entitlement process for the unincorporated portion of the project.
 Last two paragraphs of Section 106 (A), City of San Clemente, is amended to read as follows:

On December 12, 2001 the City Council of San Clemente adopted Resolution No. 01-76 approving the third Talega Specific Plan Amendment (SPA 98-05), the General Plan Amendment (GPA 98-05) and the Park and Recreation Master Plan Amendment. On December 17, 2001 the Board of Directors of the Talega Joint Planning Authority (JPAT) adopted Resolution JPAT 01-05 approving the Talega Specific Plan Amendment (SPA 98-05) and General Plan Amendment (GPA 98-05). Both Resolutions were adopted under the provision that minor modifications to the Talega Specific Plan Amendment No. 3 be made. 473
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The JPAT has since dissolved, but continues to be referenced throughout the Specific Plan document for historical context regarding amendments to the Specific Plan approved by the City in the past.

In 2022, The City Council approved Specific Plan Aamendments (SPA 21-229) to achieve consistency with the Centennial General Plan. Specific Plan Amendment 21-229 also incorporated into the document the General Plan Focus Area for the Business Park and adopted development standards and regulations for permitted and conditionally permitted automotive service uses to address auto-related goals and policies in the Centennial General Plan..  Last sentence of Section 106 (B), County of Orange, is amended to read as follows:

A fifth Feature Plan Amendment was approved on June 15, 2000 by the Talega Joint Planning Authority Planning Commission to eliminate the Health Care designation for Planning Area 91 and to adjust the boundary of Planning Area 86 to include Planning Areas 91 and 85.  Section 106 (C), Talega Joint Planning Authority, is amended to read in its entirety as follows:

The Talega Joint Planning Authority (JPAT) was formed in 1999 by the San Clemente City Council and the County of Orange Board of Supervisors to establish a planning and permitting body to govern the annexation of the unincorporated County portion of the Talega property into the City of San Clemente. After annexation of the unincorporated County portion of Talega, the JPAT dissolved, but continues to be referenced throughout the Specific Plan document for historical context regarding amendments to the Specific Plan approved by the City in the past. The Talega Joint Planning Authority (JPAT) was approved on July 7, 1999 by the San Clemente City Council and on August 4, 1999 by the County of Orange Board of Supervisors to establish a planning and permitting body to govern the annexation of the unincorporated County portion of the Talega property into the City of San Clemente. As phased annexations occur, the City’s boundaries will expand and the JPAT jurisdictional boundaries will shrink until the entire unincorporated County portion of Talega is annexed into the City and the TJPA vanishes from existence. As of January 1, 2002, 442.8 acres of the Talega Specific Plan area have been annexed to the City. On December 17, 2001, the Talega Joint Planning Authority (TJPA) City Council approved the Talega Specific Plan Amendment (SPA 98-05) and General Plan Amendment (GPA 98-05).
 Second sentence of Section 408, Conditions of Approval for Future Entitlements, is amended to read as follows:

On December 17, 2001 the Board of Directors of the Talega Joint Planning Authority City Council adopted Resolution No. JPAT 01-05 approving the General Plan Amendment (GPA 98-05) and Talega Specific Plan Amendment (SPA 98-05).
 Section 408 (A, 1), Conditions Per SPA 98-05, is amended to read in its entirety as follows:

The effective date of the Talega Specific Plan shall be no earlier than the effective date of the City Council ordinance or the Board of Directors of the Talega Joint Planning Authority ordinance adopting the Amended 474
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and Restated Development Agreement for Talega Property by and Among the City of San Clemente, Talega Joint Planning Authority and Talega Associates, LLC.
 Section 408 (A, 4), Conditions Per SPA 98-05, is amended to remove “or the Talega Joint Planning Authority” from the first sentence of the section.  Section 501, General Applicability, is amended to replace “Talega Joint Planning Authority” with “City”.
 Section 601, General Applicability, is amended to replace “Talega Joint Planning Authority” with “City of San Clemente”.
 Section 602(F), Design Review, is amended to remove the last sentence of the first paragraph that reads “Projects within the Talega Joint Planning Authority are not subject to the City’s Design Review Subcommittee.”
 Section 602(I), Signs, is amended to remove “Talega Joint Planning Authority and” from the first sentence of the third paragraph.
 Chapter 7, Definitions, is amended to rewrite definition for “Talega Amended and Restated Development Agreement” as follows:
“Talega Amended and Restated Development Agreement” shall mean the approved Development Agreement (December 12, 2001) for the Talega property executed by and among the City of San Clemente, the Talega Joint Planning Authority (JPAT) andClemente and Talega Associates, LLC, which supercededsuperseded the original Development Agreement approved on October 2, 1998 by Ordinance No. 1209, and may be amended from time to time.

Section 3. Talega Specific Plan, Section 107 (A), General Plan, is amended to read in its entirety as follows:

Concurrent with this Specific Plan, a General Plan Amendments wereas adopted by the City of San Clemente City Council in 2014 and 2015 (GPA 13-043, GPA 15-049)(Resolution No. 01-76) on December 12, 2001. Adoption of the amendment reconfigured the General Plan land use designations for the Talega project area. As shown on Figure 1-4, the Talega Specific Plan areaproperty is designated as a mixed use development consisting ofincludes land use designattionsdesignations for residential, business park, commercial, recreational, and open space land uses. The General Plan designations for Talega, as adopted concurrently with the adoption of this Specific Plan, are as follows:

In 2022, The City Council of San Clemente approved amendments to the Specific Plan (SPA 21-229). The 2021 Specific Plan Amendments addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049) that changed land use designations in the Talega Specific Plan. The 2021 Specific Plan Amendment also incorporated into the document the General Plan Focus Area for the Business Park and adopted development standards and regulations for permitted and conditionally permitted automotive service uses to address auto-related goals and policies in the Centennial General Plan.

Section 5. Talega Specific Plan, Section 107, General Plan and Zoning, is amended in its entirety to read as follows:
107 GENERAL PLAN AND ZONING
A. General Plan
Concurrent with this Specific Plan, a General Plan Amendments wereas adopted by the City of San Clemente City Council in 2014 and 2015 (GPA 13-043, GPA 15-049)(Resolution No. 01-76) on December 12, 2001. Adoption of the amendment reconfigured the General Plan land use designations for the Talega project area. As shown on Figure 1-4, the Talega Specific Plan areaproperty is designated as a mixed use development consisting of residential, business park, commercial, recreational, and open space land uses. The General Plan designations for Talega, as adopted concurrently with the adoption of this Specific Plan, are as follows:

RL: Residential Low
RML: Residential Medium Low
RM: Residential Medium
RMH: Residential Medium High
RH: Residential High
LII2: Light Industrial
NC1.2: Neighborhood Commercial
NC1.3: Neighborhood Commercial
OSR: Open Space Reserve
OS1: Public Open Space
OS2: Privately Owned Open Space
P: Public
/Passive Recreation/Golf Course
OS3: Privately Owned Open Space
MU5.4:Mixed Use
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Section 5. Talega Specific Plan, Figure 1-4, General Plan Land Use Element, is amended to provide a higher-quality map for clarity on geographic location of land uses in respect to existing parcels and address the following inconsistencies with current land uses identified in the Centennial General Plan:
 Land use area identified as Schools (S) located westward of Avenida Talega amended to Public (P).
 Land use area identified as Neighborhood Commercial (C) located at the far east end of Avenida Pico near the City border amended to Private Open Space (OS2).
 All land use areas identified as Privately Owned Open Space (OS3) amended to Private Open Space (OS2).
 Land use areas in Talega Village Center identified as Mixed Use (MU) amended to Residential Medium Low (RML) and Neighborhood Commercial (NC 1.3).  Land use area identified as Neighborhood Commercial (NC) at the corner of Avenida Pico and Avenida La Pata amended to Neighborhood Commercial (NC1.2).
 Land use areas identified as Industrial (I2) amended to Light Industrial (LI):
 West border of Talega Specific Plan amended to follow the established City border as intended with annexation of unincorporated portion of the Specific Plan area:
 Figure 1-4, General Land Use Element, to be published as shown below:
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Section 6. Talega Specific Plan, Section 201, Community Vision, is retitled as “Planning Concepts” and amended in its entirety to read as follows:
201 COMMUNITY VISIONPLANNING CONCEPTS
A. Planning Vision
Prior to the development of a land use plan for Talega, a community vision was established through a collective effort between the property owner, City of San Clemente staff, County of Orange staff, technical consultants and others, as illustrated in Figure 2-1. The vision establishes a main activity node or Village Center near the entrance of the project to serve as a gathering place for residents of and visitors to the community. This central activity node includes a vibrant mix of uses, including opportunities for housing, shopping, recreating, and the conduct of business. The activity node is easily accessible by vehicle and connected to the community by a network of sidewalks, trails and bikeways. Recreational or open space uses radiate out from the Village Center, with view corridors provided to these areas from the project’s roadways. The concept also envisions residential housing densities generally decreasing with distance from the activity node, with enclaves of higher density uses occurring along the edges of the recreation corridors and along major streets and transportation facilities.

Lastly, a substantial area of natural open space, protected by a conservation easement that was dedicated to the Rancho Mission Viejo Land Conservancy (RMVLC), is located in the northeastern portion of the property. For the purpose of reference within this Specific Plan, the RMVLC-owned property is called the Talega Reserve. The previous owners of Talega, Arvida/JMB Partners, L.P.- II, paid $11 million to the Rancho Mission Viejo Company to encumber the Talega Reserve with a conservation easement. This community vision forms the basis for the development of a land use plan for the Talega Specific Plan area.

Business Park Focus Area
In the process of preparing the Centennial General Plan, the community identified the Talega Business Park as one of eight key Focus Areas with distinct goals and policies based on a vision defined in the General Plan. The location of the Talega Focus Area is illustrated in Figure 2-1, Community Vision, below. The Centennial General Plan establishes a goal for the Talega Focus Area to:
“Maintain and promote the… Talega Business Park as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.” A.B. Planning Concept
The Specific Plan implements the vision in subsection 201.IA (Planning Vision) above, in addition to policies in the General Plan. The intended policies (planning concepts) are listed below:

1. Priorities.

Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Talega Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County 479
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markets (General Plan Policy LU-8.01).

2. Vehicle Sales and Services.

We permit vehicle sales and services in the Talega Business Park consistent with the Talega Specific Plan (General Plan Policy LU-8.02).

3. Existing Businesses and Property Owners.

We periodically survey property owners and businesses to understand and plan for their needs so that businesses can remain and flourish in San Clemente (General Plan Policy LU-8.03).

4. Partnerships.

5. Development Monitoring and Maintenance.

We monitor development to ensure anticipated Business Park buildout and infrastructure capacities are not exceeded (General Plan Policy LU-8.05).

1.6.Bike and Pedestrian Environment.

We provide a high quality bicycle and pedestrian environment with “living street” designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines (General Plan Policy LU-8.06).

Section 7. Talega Specific Plan, Figure 2-1, Community Vision, is replaced with Figure 2-1, Business Park Focus Area, as shown below:
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Section 8. Talega Specific Plan, Section 202, Land Use Plan Overview, is amended in its entirety as follows:
202 LAND USE PLAN OVERVIEW
The Specific Plan Master Land Use Plan provides for a mix of residential, recreational, school, business parkBbusiness Ppark, neighborhood commercial, and open space land uses for the 3,510-acre Talega propertyy in a configuration consistent with the community vision. The Specific Plan Master Land Use Plan is illustrated on Figure 2-2 and is included as Exhibit A in this document. Figure 2-2 depicts the locations of the various development areas, the designated land uses, open space areas, and major roadways.

Section 9. Talega Specific Plan, Figure 2-2, Master Land Use Plan, is amended to provide higher quality map with correct zoning districts as shown below:
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Section 10. Talega Specific Plan, Section 203, Villages and Planning Areas, is amended to remove the word “golf course” from the first paragraph and “(2,317.8 acres consisting of 887.3 acres in the City and 1,430.5 acres in the sphere-of-influence) “77” from subsection 3 of the same section.

Section 11. Talega Specific Plan, Section 203, Table 2-1, Land Use Plan Statistical Summary, is amended to read in its entirety as follows:

Table 2-1

LAND USE PLAN STATISTICAL SUMMARY
(Note: gross acreages are approximate and will be more precisely defined during the Area Plan process) Land Use
City of
San
Clemente
Sphere of
Influence
Talega
Project Total
R
E
S
I
S
E
D
T
I
A
L
RL Residential Low 262.5 22.8 285.3
RML
LM
Residential Low-Medium 252.3 143.1 395.4
RM
M
Residential Medium 109.178.
9 168.9111.
4 278190.3
RHH Residential High 0.0 5.8 5.8
Residential Subtotal 623.9 340.6 964.5
B
U
S
I
N
E
S
S
NC Neighborhood Commercial 13.0a 10.9 23.9
BP Business Park 16.9 50.9 67.8
Commercial/Business Subtotal 29.9 61.8 91.7
P Public/ and Private Parks and
Schools
4429.1b,d 20.2b,d 6449.3b
RP Regional Park 5.9 8.2 14.1
School/Park /Golf Subtotal 50233.2 28.472.9 78.4306.1
O S
P P
E A
N C
E
OS Open Space 662.3479
.1a
426.5360.
6 1088.8839.7
OSR Talega Reserve 175.0 997.0 1,172.0
Open Space Subtotal 837.3654
.1
1,423.535

7.6 2,01260.81.7
R
O
A
D
S
RD Major Roads 62.9 51.7 114.6
Roads Subtotal 62.9 73.1 136.0
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Section 12. Talega Specific Plan, Section 204(A), Residential Land Use Description, is amended to reduce the number of density categories from “five” to “four” and remove “medium high density” from the first sentence of the second paragraph.

Section 13. Talega Specific Plan, Table 2-3A, Residential Land Use Summary, is amended to read in its entirety as follows:

Table 2-3A

RESIDENTIAL LAND USE SUMMARY
(Note: gross acreages and dwelling unit allocations among density categories are approximate and will be more precisely defined during the Area Plan process) Residential Designation
Maximum
Density
(units per gross acre)
Acres Dwelling Units
City
Sphere of
Influence City
Sphere of
Influence
RLL Residential Low 4.5 du/ac 262.5 22.8 894 79
RMLL
M Residential Low Medium 7 du/ac
252.3 143.1 987
525
RMM Residential Medium 15 du/ac 109.178.9 168.9111.4 808479 1,097468 MH Residential Medium High 24 du/ac 30.2 57.5 329 629
RHH Residential High 2440 du/ac 0 5.8 0 110
Subtotals 623.9 340.6 2,689 1,811
TOTALS 964.5 4,500
Section 14. Talega Specific Plan, Table 2-3B, Distribution of Housing, is amended to read in its entirety as follows:

Table 2-3B

DISTRIBUTION OF HOUSING
Residential Designation Total Acreage
% of Total
Residential
Acreage
Total
Maximum
Dwelling
Units
% of Total
Dwelling Units
RLL Residential Low 285.3 29% 973 22%
RMLLM Residential Low Medium 395.4 41% 12 34%
RMM Residential Medium 278190.3 290% 1,905947 4221%
MH Residential Medium High 87.7 9% 958 21%
RHH Residential High 5.8 1% 110 2%
TOTALS 964.5 100% 4,500 100%
Section 15. Talega Specific Table 2-2, Master Land Use, is amended for consistency with existing village center and planning area statistics in regards to number of total acres per planning area provided in Table 2-1, Land Use Plan Statistical Summary, and the allowed density for each zone when calculating maximum dwelling units.

Project Totals 1,604.0 1,906.0 3,510.0
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Section 16. Talega Specific Plan, Section 204(B), Density Transfers, is amended to replace “2,317.8” with “2,339.2”, and replace the last sentence in the first paragraph with the following:

Medium Low density areas shall not exceed 4.5 du/ac; Low Medium density areas shall not exceed 7.0 du/ac; Medium density areas shall not exceed 15.0 du/ac; Medium and High density areas shall not exceed 24.0 du/ac. and High density areas shall not exceed 40.0 du/ac.

Section 17. Talega Specific Plan, Section 205, Affordable Housing Program, is amended to remove the following sentence:

Groundbreaking for Phase 1 is expected to take place in the fall of 2001 and take approximately one year.

Section 18. Talega Specific Plan, Table 2-4, Business Park/Commercial Land Use Summary, is amended to replace “Commercial” with “Neighborhood Commercial”.

Section 19. Talega Specific Plan, Section 207, Village Center, is amended to remove “mixed use” from section title and replace “commercial” with “neighborhood commercial”.

Section 20. Talega Specific Plan, Section 208, Public Facilities and Open Space, is amended to replace “2,317.8” with “2,339.2”.

Section 21. Talega Specific Plan, Section 208(A, 1), Elementary School, is amended to add “of publicly owned land” after “15.0 acres” in the second sentence of the first paragraph.

Section 22. Talega Specific Plan, Table 2-5, Public Facilities and Open Space Land Use Summary, is amended to read in its entirety as follows:

Table 2-5
Public Facilities and Open Space Land Use Summary
(Note: gross acreages are approximate and will be more precisely defined during the Area Plan process) Land Use Designation City
Sphere of
Influence Totals
Public Facilities
ES Elementary School 15.0 0.0 15.0
P Public/c and Private Parks, Schoolsa 4429.1a,c 20.2a,c 6449.3a RP Regional Park 5.9 8.2 14.1
Subtotal 50.0 28.4 78.4
Open Space
GC Golf Course 183.2b44.5 227.7
OS1&2 Open Space 662.347 9.1b 426.5360.6 1,088.8839.6
OSR Talega Reserve 175.0 997.0 1,172.0
Subtotal 837.3 1,402.1 2,239.3
Total 887.3 1,430.5 2,317.8
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EXHIBIT 3
a. Approximately 21.5 acres will be designated for public parks. The remaining acreage will be used for private recreation facilities.
b. Approximately 46.3 acres of golf course and approximately 53.9 acres of open space are designated for the Village Center.
c. Planning Area G-11 (Private Recreation Park) has 3.0 acres in the City and 5.0 acres in the sphere-of-influence.

Section 23. Talega Specific Plan, Section 208(C), Open Space, is amended to replace the first sentence with the following:

This Talega Specific Plan provides for approximately 1088.8839.7 acres of open space, and 1,172.0 acres of open space reserve (Talega Reserve)., and 227.7 acres of golf course.

Section 24. Talega Specific Plan, Section 208(C, 2), Open Space, is amended to replace “1,839.7” with “1,088.8” in two separate sentences of the first paragraph.

Section 25. Talega Specific Plan, Section 209(B, 3), is amended to replace “2,317.8” with “2,339.2”.

Section 26. Talega Specific Plan, Section 303(B), Mixed Use Development, is amended to rename the section to “Talega Village Center”, and the first three paragraphs are amended to read in its entirety as follows:

These design guidelines have been prepared to establish a guiding framework for a mixed-use development in the Talega Village Center. The Village Center will integrate five primary uses into a coherent, pedestrian-oriented development. Primary land uses include, residential housing, golf course (including the clubhouse and driving range), neighborhood commercial, public use area and open space. These uses will be brought together in a way that supports walking and creates an attractive and lively focus for the Talega community.

The Village Center land use plan shall incorporate land use patterns and street connections in a manner that is consistent with the goals and policies of the City of San Clemente’s Urban Design Element. The Area Plan prepared for Village H will provide additional detail regarding the arrangement of land uses within the Village Center. Subsequent site plans and tentative tract maps for the Talega Village Center will address more detailed aspects of the Village Center design, such as building orientation, parking configurations, architectural treatments, recreation amenities, etc. These elements of the Village Center design will contribute to the ultimate success of achieving an integrated mixed-use development within an area consisting of a variety of land uses that follows the principles of the City’s Urban Design Element.

The following design guidelines have been established for the Village Center. Each guideline is not required to be met, provided mixed-use, pedestrian-friendly design concepts are achieved. The following guidelines are intended to foster a mixed-use development pattern that maintains a human-scale, makes for a vibrant community, promotes walking, and creates a friendly streetscape.

Section 27. Talega Specific Plan, Section 303, Site Design Guidelines, is amended to add Section 303(D), Business Park Development, and reads in its entirety as follows:
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EXHIBIT 3
D. Business Park Development

1. Pedestrian Orientation - The siting of buildings around common pedestrian walkways is encouraged. Pedestrian walkways should be provided connecting individual buildings.

2. Outdoor Lighting - Parking lot and outdoor lighting should be the minimum needed to accommodate safety and security, while minimizing impacts on surrounding residential areas. Lighting of any facility should be oriented away and shielded from neighboring residential properties. In addition, the lighting should not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets. Decorative fixtures with shields to direct light downward should be used for overhead lighting. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. Light fixture design should be consistent with the character of the project.

3. Project Identification Signs- Projects should be identified by low-level monument signing in order to provide business center identification. Such signs may include logos and should be harmonious in scale, form, materials, and colors with project buildings, walls, and other structures. Signs must comply with the Sign Ordinance.

4. Variations in Building Footprint - Building footprints should be designed with variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create visual interest and give a sense of small scale.

5. Parking Lot Regulations
a. Parking Lot Buffering – There should be a buffer area of at least five (5) feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls. Except where there are walkways, this buffer area should be landscaped. Parking and circulation areas should be screened from the street by landscaping and berming.
b. Vehicle Inventory and Display – Automotive Service uses should locate outdoor vehicle inventory and vehicles for display in excess of 10 behind any building façade line of the primary building that faces the public right of way or when in view of residential uses. Automotive Service uses providing outdoor vehicle inventory or display in front of the building façade line in excess of 10 are subject to the Landscape Guidelines set forth in Section 304 E - Landscape Buffering and Screening for Automotive Uses.

6. Screening of Service Areas - Service and storage areas and trash enclosures should be screened from public view by means of walls and landscaping. Automotive Service uses should adequately screen from public view outdoor equipment and supplies including but not limited to tire-racks, waste barrels, air compressors, vehicle parts and accessories, or similar items.

Section 28. Talega Specific Plan, Section 304, Landscape Guidelines, is amended to add Section 304(E), Landscape Buffering and Screening for Automotive Uses, and reads in its entirety as follows:

E. Landscape Buffering and Screening for Automotive Uses 488
EXHIBIT 3
Automotive Service uses requiring the screening of on-site vehicle inventory and display are subject to Landscape Guidelines set forth in Chapter 304 in addition to the landscape guidelines provided below. Commercial and industrial uses in the Business Park are predominantly prohibited from operating outdoors. To accommodate the general nature of automotive uses’ outdoor operations, while ensuring the continuity of high-quality design along public streets, additional landscape buffering and screening is required.

1. Intent of Landscape Screening – Additional landscaping required for Automotive Service uses should provide adequate screening of vehicles displayed outdoors so as to soften the appearance of the outdoor use from the perspective of the public right-ofway without creating a harsh or uninviting appearance caused by a long expanse of tall, unlandscaped walls and fences.

2. Location of Required Screening – All planting, berming, fencing and/or walls required for screening should be installed within the established 20-foot front yard landscaped buffer area and street-facing side-yard setback area along the perimeter of the vehicle inventory and display area. However, at the discretion of the approving authority, all or a portion of the required screening may be placed outside of the required landscape buffer area where, because of topographical or other physical constraints, such alternative location provides the most effective screening. All landscaping installed shall be aesthetically located to maximize buffering to any adjoining uses.

3. Boundary Landscaping Within Property - Boundary landscaping should be installed to create a hedge type buffer screen along all parking lots and vehicle display areas with one tree at least 15 gallons in size at planting time for every 15 lineal feet on average. All tree selection should be drought tolerant and Evergreen/non-fruit bearing.

4. Landscape Coverage – The project should implement a wall, fence, or a continuous opaque barrier of dense vegetation with at least seventy percent (70%) opacity so as to form a continuous visual screen at a height of 3.5 feet measured from the elevation at the established curb. Where sloping topography within the landscape area has a rise equal to or greater than 3.5 feet as measured from the elevation at the established curb, a continuous visual screen is not required.

5. Walls and Fences – Walls or fences located within the required 20-foot front yard landscape area should be no greater than 3.5 feet in height, appear solid with no visible gaps. and match the architectural style of the building on site. At least seventy percent (70%) of the street side of a screening wall or fence should be landscaped with plant materials at least equal to the fence/wall height. Plant material fences are preferred for aesthetic quality rather than masonry walls and fences.

6. Plant Arrangement – Landscape screen plant material, other than trees, should be no less than five gallons in size with staggered placement and provide two (2) or more rows and be arranged to lessen the visual gaps between trees. Plants may be grouped, clustered, or unevenly spaced to prevent the creation of an unnatural appearance in the landscape. Drought tolerant plants suitable to San Clemente’s soil should be implemented within the landscape design plans and accompanied with the required site specific agronomic soil report and recommendations.
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EXHIBIT 3
Section 29. Talega Specific Plan, Figure 3-6, Conceptual Master Landscape Plan, is amended to show correct open space areas consistent with General Plan land uses.

Section 30. Talega Specific Plan, Figure 4-1, Phasing Plan, is amended to remove the legend from the figure that depicts General Plan Land Uses.

Section 31. Talega Specific Plan, Section 502(C), Conditional Uses Permitted, is amended to remove references to “Medium High Density”. References to the aforementioned figures, tables, and appendices are adjusted throughout the document to match.

Section 32. Talega Specific Plan, Section 502(A), Purpose and Applicability, is amended and reads in its entirety as follows:

A. Purpose and Applicability

1. Purpose - The residential standards are established to accommodate detached and attached residential development. The maximum number of dwelling units shall not exceed 2,689 in the City portion of the Talega project, unless a density transfer is approved between the City and sphere-of-influence portions of the Specific Plan area.

In total, the maximum number of dwelling units in the City and sphere-of-influence portions of Talega shall not exceed 4,500. The maximum density permitted in each residential category is as follows:

Zoning District: D.U.s per Gross Acre D.U.s per Net Acre Residential Low (RL) 4.5 0 - 4.5 Dwelling Units Per
Acre

7.0 Residential Medium LowLow
Medium (RMLLM)

7.00 - 7.0 Dwelling Units Per
Acre

10.0 Residential Medium (RM) 15.00 - 15.0 Dwelling Units Per Acre

24.0 Medium High (MH) 0 - 24.0 Dwelling Units Per
Acre
Residential High (RH) 24.00 - 40.0 Dwelling Units
Per Acre

36.0 2. Applicability - This Section applies to all designated residential areas (see Figure 2-2 and Table 2-2).

2. 3. Standards Not Listed - Development will be regulated by applicable sections of the City of San Clemente Zoning Code.

4. Land Uses Not Listed - In cases where it is not clear whether a proposed land use is permitted 490
EXHIBIT 3
under this Section, refer to the Zoning Ordinance. If also not specifically addressed in the Zoning Ordinance, San Clemente Municipal Code Section (SCMC) 17.04.040 (SCMC

17.04.040) governs.

5. Site Plan Review - All projects regulated by this Section shall be subject to site plan review in accordance with Section 601-G.

6. Design Guidelines - All development under this Section shall also be subject to the Design Guidelines set forth in Chapter 3.

Section 33. Talega Specific Plan, Section 502(B), Principal Uses Permitted, is amended to replace Section 502(B, 1, c) in its entirety with “Child-day care centers”.

Section 34. Talega Specific Plan, Section 502(B, 4), Medium High Density Planning Areas, is amended to be removed in its entirety with following subsections renumbered to adjust to the change.

Section 35. Talega Specific Plan, Section 502(C, 1), Low Density and Low Medium Density Planning Areas, is retitled to read as “Low Density and Medium Low Density Planning areas”.

Section 36. Talega Specific Plan, Section 502(C, 2), Medium Density and Medium High Density, is retitled to read as “Medium Density”.

Section 37. Talega Specific Plan, Section 502(C, 3, a), High Density, is amended to read in its entirety as follows:

All conditional uses permitted in Low density, Low Medium density, and Medium density and Medium High density.

Section 38. Talega Specific Plan, Section 502(F), Development Standards for Conventional Subdivisions, is amended to correct “Paragraph E” to “Paragraph F”.

Section 39. Talega Specific Plan, Section 502(F, 2, a), Main Building, is amended to refer to High density zones rather than Medium High density zones.

Section 40. Talega Specific Plan, Section 502(F, 4), Minimum Lot Standards, is amended to adjust development standards , and reads in its entirety as follows:

4. Minimum Lot Standards
Standard
Low
Density
Medium Low
Density
(SFR/Duplex) Medium
Density
High
Density
a. Minimum
Lot Area: 65,000 sq.
ft.
64,000/ sq. ft.9,000
sq. ft.
64,000 sq.
ft.

N/A4,000
sq. ft.
b. Lot Width: 650 ft. 640/70 ft. 640 ft. 640 ft.
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c. Lot Depth: 100 ft. 60 ft. 60 ft. 60 ft.

Section 41. Talega Specific Plan, Section 502(F, 5, d), Medium High Density, is amended to be struck in its entirety and subsequent sections renumbered to adjust to the change.

Section 42. Talega Specific Plan, Section 502(F, 12), Recreation Vehicle Storage, is retitled as “Private Vehicle Storage”.

Seciton 43. Talega Specific Plan, Section 502(G, 5), Maximum Height of Main Building, is amended to remove “and medium high” from section sentence.

Seciton 44. Talega Specific Plan, Section 502(G, 7), Usable Open Area, removes reference to Medium High Density, and renames the” L” density to “RL”, the “LM” density to “RML”, the “M” density to “RM”, and the “H” density to “RH”.

Section 45. Talega Specific Plan, Section 502(G, 14), Recreation Vehicle Storage, is renamed to “Private Vehicle Storage”.

Section 46. Talega Specific Plan, Section 503(C), Conditional Uses Permitted, is amended to remove uses 3, 4, 5, and 22.

Section 47. Talega Specific Plan, Section 503, Business Park Land Use Standards, is amended to add Section 503(D), Automotive Service Uses Permitted, adjusts the numbering to subsequent sections, and reads in its entirety as follows:

D. Automotive Service Uses Permitted
Automotive Services Business
Park
Vehicle Rentals, Sales, and Dealerships:
a. Outdoor 10 or fewer vehicles P
b. Outdoor more than 10 vehicles MCUP
Electric Vehicle Dealership:
a. Outdoor 30 or fewer vehicles P
b. Outdoor more than 30 vehicles MCUP
Auto-Delivery Center P
Vehicle Repair:
a. Major Repair CUP
b. Minor Repair P
Service Stations CUP
Car Wash CUP
Vehicle Parts Stores (retail only) P
Private Vehicle Storage P
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EXHIBIT 3
Section 48. Talega Specific Plan, Section 503(F, 9), Outdoor Storage, is amended to add the following sentence to the end of the section:

See section 503.H below for outdoor storage regulations pertaining to Automotive Service uses.

Section 49. Talega Specific Plan, Section 503, is amended to add Section 503(H), Development Standards for Automotive Service Uses, and reads in its entirety as follows:

H. Development Standards for Automotive Service Uses
This section establishes specific development and land use standards for Automotive Service uses. Where standards not listed in this section, refer to general development standards in the San Clemente Municipal Code.

Vehicles for display shall be located within the display area as designated by any required permit or business license issued by the City. Areas designated for employee and customer parking shall not be used for vehicle inventory or display. Vertical automobile lifts located outdoors shall not be visible from the public right of way or residential uses within 1,000 feet of the establishment measured from the property line.

Outdoor vehicle inventory and display in excess of 10 vehicles located in front of the building façade line shall incorporate adequate screening from the view of the public right of way and nearby residential uses within 1,000 feet of the establishment measured from the property line and shall be designed in compliance with Section 304 E. - Landscape Buffering and Screening for Automotive Uses. No building permit or business license shall be issued until the required landscaping plan has been submitted and approved.

2. Screening of Equipment and Supplies - Outdoor equipment and supplies including, but not limited to, tire-racks, waste barrels, air compressors, vehicle parts and accessories, and any items deemed similar, shall not be visible from public right-of-way and adjacent residential uses within 1,000 feet of the establishment measured from the property line.

4. Sign Regulations – Automotive Services, including the repair, sale, renting, distribution, and/or leasing of new or used vehicles, shall not incorporate promotional or manufactured retail signage, including banners, stickers, flags, for-sale signs, or similar types of signage on site or attached to vehicles stored or displayed on site, except as approved by a Temporary Banner Permit, Discretionary or Administrative Sign Permit, or Special 493
EXHIBIT 3
Activities Permit. On-site signs advertising the business shall strictly adhere to the requirements of the San Clemente Municipal Code and adopted plans and policies.

7. Inoperable Vehicles and Junked Parts – No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building, unless permitted through the Site Plan Permit process established in the Zoning Ordinance.

Further, such parked or stored vehicles shall not be visible from the public right of way or residential uses within 1,000 feet of the establishment measured from the property line and shall be screened so as not to be visible from any scenic highway.

9. Minimum Operating Standards – In addition to operational standards and regulations listed in Zoning Ordinance sections 17.28.310, Vehicle Dealerships, Rental, and Sales;

17.28.320, Vehicle Service and Repair-Related Facilities; and 17.28.290, Service Stations, the following shall apply to all Automotive Service uses:
a. Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit or required business license. b. Auto dealers shall provide to all sales and service employees a map which designates areas for test driving. This map shall note that test driving in residential areas shall be strictly prohibited.
c. The establishment shall provide, if applicable, a queuing area for vehicles awaiting service or pick-up to prevent parked or stored vehicles in any portion of the public right-of-way in the city.
d. Automotive servicing or repair is permitted as an accessory use for Vehicle Dealerships and Auto-Delivery Centers that offer maintenance and servicing of the type of vehicles sold on site. All auto repairs shall occur within an enclosed building.
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EXHIBIT 3
a.e. All uses shall operate so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one establishment occupies a structure. Vibration caused by motor vehicles, and temporary construction activities conducted pursuant to a building permit areis eexempted from this standard.
b.f. All uses shall meet the air-quality standards of the South Coast Air Quality Management District (AQMD). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while outside of, or within in the lot containing such uses.

Section 50. Talega Specific Plan, Section 504(A), is amended to replace “Commercial (C) areas”, with “Neighborhood Commercial (NC) areas”.

Section 51. Talega Specific Plan, Section 504(F, 2), Minimum Lot Size, is amended to read in its entirety as follows:

None, except that a Tentative Map proposing lots of less than one (1) acre must be accompanied by an application for Site Plan Review.4,000 square feet Section 52. Talega Specific Plan, Section 504(F, 3), Maximum Height of Main Building, is amended to read in its entirety as follows:

3. Maximum Height of Main Building -–
NC 1.2: 33’-0” Top of Roof; 26’-0” Plate; 2 stories
NC 1.3: 45’-0” Top of Roof; 37’-0” Plate; 3 stories
Forty-five (45) feet (maximum three stories); however, if a conditional use permit is approved in accordance with Section 7.7 et seq. of the Zoning Code, a three (3) story building in excess of forty-five (45) feet may be approved.

Section 53. Talega Specific Plan, Section 504(F, 4), Floor Area Ratio, is amended to remove the last sentence that reads “FAR for hospital use shall comply with the City of San Clemente General Plan”.

Section 54. Talega Specific Plan, Section 504(F, 9), Outdoor Storage, is amended to add the following sentence to the end of the section:

See section 503.H for outdoor storage regulations pertaining to Automotive Service uses in commercial zoning districts.

Section 55. Talega Specific Plan, Section 504, Commercial Land Use Standards, is amended to add Section 504(G), Development Standards for Automotive Service Uses, with subsequent sections renumbered to adjust for the change, and reads in its entirety as follows:
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EXHIBIT 3
Automotive Service uses proposed in commercial zoning districts shall comply with development standards listed under section 503.H, Development Standards for Automotive Service Uses, Business Park Land Use Standards.

Section 56. Talega Specific Plan, Section 505(A, 4) and 507 (A, 4), are amended in its entirety to read as follows:

In cases where it is not clear whether a proposed land use is permitted under this Section, refer to the Zoning Ordinance. If also not specifically addressed in the Zoning Ordinance, SCMC 17.04.040) governs.the Planning Commission shall determine if the use is consistent with the purpose set forth hereinabove and is either permitted as a principal, conditional, accessory, or temporary use, or is not permitted.

Section 57. Talega Specific Plan, Section 506, Golf Course Standards, is struck in its entirety.

Section 58. Talega Specific Plan, Section 507(A), Purpose and Applicability, is amended to replace “Natural Open Space” with “Open Space (OS1 & OS2)”.

Section 59. Talega Specific Plan, Section 507(C), Conditional Uses Permitted, is amended to add the following use to the end of the section:

6. Golf Courses (Public/Private) and ancillary facilities such as Clubhouses, restaurants, and bars.

Section 60. Talega Specific Plan, Section 602(G), Site Plan Review, Conditional Use Permits, And Variances, is amended to rename the section to “Site Plan Review and Variances”, and reads in its entirety as follows:

All projects within the City portion of the Talega Specific Plan area shall be subject to Site Plan Review in accordance with Section 17.52.010 et seq. of the Zoning Code. The City may impose specific conditions on Site Plans in addition to the requirements of this Specific Plan.

Non-residential Site Plans shall be conditioned to comply with the Transportation Demand Ordinance No 1049. Variances shall be processed in accordance with Sections 17.16.080 and

17.52.010 et seq. of the Zoning Code. If a Site Plan is processed concurrent with a Tentative Map, and City Council approval of the Tentative Map is required, then City Council approval of the Site Plan shall also be required.

Section 61. Talega Specific Plan, Section 602, Development Review Procedures, is amended to add Section 602(H), Conditional Use Permits, renumber the following sections, and reads in its entirety as follows:

H. Conditional Use Permits
Conditional Use Permits (CUP) and Minor Conditional Use Permits (MCUP) shall be 496
EXHIBIT 3
processed in accordance with Sections 17.16.060 and 17.16.070 of the Zoning Code. and Variances shall be processed in accordance with Sections 17.16.060, 17.16.070 and 17.52.010 et seq. of the Zoning Code. If a Site Plan and/or Use Permit is processed concurrent with a Tentative Map, and City Council approval of the Tentative Map is required, then City Council approval of the Site Plan or Use Permit shall also be required. In addition to the general findings for approval of a Conditional Use Permit or Minor Conditional Use PermitCUP or MCUP per the Zoning Ordinance, , a request to allow aAutomotive Sservice uses requiring a Use Permit shall also make the following special findings prior tofor approval:
i. Vehicle inventory and display located outdoors, unless permitted by right, incorporate adequate view protection from the public right of way and nearby residential uses designed in accordance with Llandscape Bbuffer and Sscreening design guidelines. ii. Vehicle inventory associated with the business is stored on site unless permitted through an Ooff-site Parking Agreement approved in accordance with the Zoning Ordinance.

Section 62. Talega Specific Plan, Section 602 (J), Residential Growth Management, is amended to be struck in its entirety.

Section 63. Talega Specific Plan, Chapter 7, Definitions, is amended to add a section for definitions related to Automotive Services, which reads in its entirety as follows:

Automotive Services shall mean the provision for consumers of the selling, leasing, renting, and major/minor maintenance repair care related to automotive and recreational vehicles. Automotive vehicles include petroleum powered vehicles, as well as Fully-electric Vehicles and petroleum-electric hybrid vehicles as pertaining to cars/trucks or similar freeway drive automobiles. o “Electric Vehicle Dealership” means a vehicle dealership and automobile sales agency that only sells and/or distributes fully-electric vehicles on-site.

1. Fully-electric vehicles are limited to those whose in-vehicle power source is completely reliant on recharging via connection/plug-in to some electrical source.

2. Petroleum-electric hybrid vehicles and/or vehicles that employ hydrogen for automotive power are not considered fully-electric vehicles.

An Electric Vehicle Dealership may act as a stand-alone sales or distribution center for fullyelectric vehicles, and/or in conjunction with Minor Repair services exclusively dedicated to fully-electric vehicles. No manufacturing of fully-electric vehicles shall take place on-site at an Electric Vehicle Dealership. The sale or lease of used fully-electric vehicles will only be permitted in conjunction with the sale of new fully-electric vehicles on the same site. o “Auto-Delivery Center” means a place of business primarily engaged in the sales or leasing of new pre-sold or new pre-ordered vehicles with no more than 10 vehicles on display outdoors at any given time and where the establishment may operate in conjunction with ancillary repair services.
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EXHIBIT 3
o “Vehicle Dealerships” means a place of business primarily engaged in the sales or leasing of new and/or used vehicles and may include ancillary rental, parts sales, and vehicle repair. o "Vehicle Rental" means a place of business limited to an office use and engaged in renting vehicles.
o "Vehicle Sales" means a business, other than a vehicle dealership, engaged solely in buying, selling, and/or leasing used vehicles.
o "Major vehicle repair" means establishments which operate entirely indoors and provide major repair and maintenance related to motor vehicles and generate, treat, store, or dispose of hazardous waste materials as defined by the California Health and Safety Code. o "Minor vehicle repair" means establishments which operate entirely indoors and provide minor routine care and maintenance related to motor vehicles. Typical uses would include, but not be limited to, radiator, transmission, muffler, cooling system, and brake repair shops, tire stores and wheel adjustments, alignment shops, auto-body detailing shops, stereo installation, diagnosis and tune-up services, oil and lubrication services, auto glass repair and installation, automotive seat covers and re-upholstery, and electrical repair, such as battery charging, repair/replace starter, alternator, generator, rewiring of automobile components such as lights, gauges, and stereos.
o “Service Stations” means any premises where vehicle-related gasoline and other fuel products or services are sold, including car washes and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. This definition shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. o “Car Wash” means a standalone commercial establishment providing the washing of automobiles where vehicles move along self-propelled mechanical wash racks, vehicles are washed by hand, or a self-service car wash service is provided. A garage, gas station, delivery center or vehicle rental, sales, or dealership, or similar automotive service, are not considered car washes.
o “Vehicle Parts Store” means retail sales of vehicle-related parts with no on site installation of parts or other vehicle services.
o “Private Vehicle Storage” means the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for automotive service uses where on-site customer engagement does not occur, and where vehicle inventory or storage located outside is not visible from the public right of way or residential uses. o “Vehicle Display Area” designated outdoor area of a property operating as an automotive service establishment where vehicles are displayed and the location of such area is approved through any necessary permitting or licensing process.
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Specific Plan Amendment 21-229
Forster Ranch Specific Plan
Section 1. Forster Ranch Specific Plan, Cover Page (pages 2), is amended to update document’s last revised date.

Section 2. Forster Ranch Specific Plan, Table of Contents, is amended to adjust Chapter 2, Master Plan, Chapter 4, Phasing and Implementation, Exhibits within Chapter 4, and Tables in Chapter 1, as follows:

2. Master Plan ............................................................................................ 2-1 201 Planning Concepts and Area Boundaries ................................... 2-1 202 Master Land Use Plan ............................................................... 2-3 203 Affordable Housing Program...................................................... 2-3 204 Sector D Land Use Plan........................................................... 2-43 2054 Sector G Land Use Plan........................................................... 2-87 2065 Sector P Land Use Plan ......................................................... 2-109 2076 Parks, Open Space and Recreation Trails .............................. 2-132 2087 Grading Concepts.................................................................. 2-187 2098 Landscape Concepts.............................................................. 2-221 21009..................................................................................... Circulation Plan ...................................................................................... 2-265 21110.................................................................................Infrastructure Plan ...................................................................................... 2-275

4. Phasing and Implementation................................................................. 4-1 401 Development PhasingPurpose.................................................... 4-1 402 Circulation PhasingPublic Improvements................................... 4-1 403 Bikeway and Trail Phasing ........................................................ 4-3 404 Affordable Housing Program...................................................... 4-5 4045 Infrastructure Improvements..................................................... 4-5 4056 Funding of Public Facilities ....................................................... 4-9 4067 Maintenance Responsibilities .................................................. 4-11 4078 Conditions on Future Entitlements.......................................... 4-12 Exhibit Page No.
4-1 Sector P Development Phasing............................................................ 4-2 4-12 Recreation Trail Phasing ..................................................................... 4-4 4-23 Water Distribution Plan ...................................................................... 4-6 4-34 Drainage PlanSewer Plan.................................................................... 4-7 Table Page No.
1-1. Sector D 20221998 Existing Land Use -............................................ 1-12 1-2. Sector G 20221998 Existing Land Use .............................................. 1-13 1-3. Sector P 20221998 Existing Land Use............................................... 1-14 4-5 Drainage Plan..................................................................................... 4-9 499
EXHIBIT 4
Section 3. Forster Ranch Specific Plan, Section 101, Purpose and Objective, is amended to remove subsection 7 which reads: “To implement the provisions of the 1998 Development Agreement between the City and Laing Forster Ranch LLC, relating to limits of development, land uses, regulations, residential densities, development processing, improvements, and fees.”
Section 4. Forster Ranch Specific Plan, Section 103(A), Legal Authority, is amended in its entirety to read as follows:

A. LEGAL AUTHORITY
This Specific Plan has been prepared and adopted pursuant to Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 of the California Government Code.

The California Government Code authorizes Cities such as San Clemente, to adopt Specific Plans as a more comprehensive method of implementing the General Plan. The Specific Plan bridges the gap between the goals and policies of the General Plan and the site-specific criteria of a tentative tract map or site plan.

This Forster Ranch Specific Plan is a regulatory plan constituting the zoning for the property. Development Plans or Agreements, Tract or Parcel Maps, and any action requiring discretionary or ministerial approval by the City shall be consistent with this Specific Plan as adopted by City Council.

Section 4. Forster Ranch Specific Plan, Section 103(C), Terminology, is amended in its entirety to read as follows:

C. TERMINOLOGY
Within this Specific Plan, words used in the present tense shall include the future; words in the singular shall include the plural. The word “shall” is mandatory and the word “may” is permissive. The word “should” refers to policy guidance which must be followed in the absence of important opposing considerations identified by the City as valid and overriding. For the purposes of this Specific Plan, certain terms shall be defined as set forth in Chapter 7. Terms not listed shall be defined per the City's Zoning Ordinance, or if not listed in the Zoning Ordinance, shall be construed in accordance with accepted usage..

Section 4. Forster Ranch Specific Plan, Section 105(B), Planning Context, is amended to modify the last two paragraphs of the section and read in their entirety as follows:

The Specific Plan was later amended again inThis amended 1998 to Specific Plan reflects the revised development plan of the owner of Forester Ranch at the time,present owner of the Forster Ranch, Laing Forster Ranch LLC (hereinafter referred to as “Laing”) for theaddressing the remaining undeveloped portions of the Specific Plan area in Sectors D and P. Within Sector P, Laing proposeds to reduce the maximum number of dwelling units from 2,033 to 1,617; to shift all the residential development area to the westerly side of the major north-south Primary Ridgeline and to designate the east side for institutional, commercial, and open space uses. Also, the is Specific Plan amendment 500
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reflects the enlargementexpanded of Sector P by approximately 65 acres arising from a lot line adjustment and transfer of property from the Marblehead Inland Specific Plan area to the Forster Ranch Specific Plan boundaries. The extension of a secondary arterial, Camino Vera Cruz, will complete an important link in the Circulation Element of the City’s General Plan. Finally, in recognition of the City’s revised affordable housing policies and programs, the developer will notwas not be required to construct affordable units, but will ratherand instead contribute fees in lieu of such construction in order to assist the City’s efforts to provide these affordable housing opportunities citywide.

SPA 21-229 addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049). The General Plan amendments changed land use designations in the Forster Ranch Specific Plan from Neighborhood Commercial NC2 to NC 1.2 and areas designated as Public (P) in the eastern area of the Specific Plan near the intersection of Avenida Vista Hermosa and Avenida La Pata were changed to Public Open Space (OS1). In addition, the General Plan amendments changed Golf Course (OS3) land uses to Private Open Space (OS2).

Section 7. Forster Ranch Specific Plan, Section 106(A), Sector D (Formerly the “Development Area”), is amended to modify the last paragraph in the section to read as follows:

Sector D also includes two sites which were undeveloped as of late 1997. These sites, located on each side of Portico del Sur at Camino de los Mares, and are designated medium density residential (approximately 7.3 buildable acres) and high density residential (approximately 7.6 buildable acres). and neighborhood commercial (approximately 7.3 buildable acres). Finally, Sector D includes the Cristianita Pageant site, the Truman Benedict School, and a public community park site adjacent to the school. Planning for these areas is addressed in Chapter 2. There are no changes proposed to Sector D in this 1998 Specific Plan Amendment.

Section 8. Forster Ranch Specific Plan, Section 106(C), Sector P (Formerly the “Planning Area”), is amended to read in its entirety as follows:

Sector P, as shown in Exhibit 1-3, is composed of the land formerly referred to as the “Planning Area” of the Ranch. The changes proposed in this 1998 Specific Plan Amendment are focused mainly on Sector P. It contains 1,096 acres and lies to the east and north of Sector D. Planning areas 2 and 6, located adjacent to Camino del Rio, were developed or approved for development with low density residential. Planning areas 1, 3 and 4 remain undeveloped, although one tentative tract map (Tentative Tract 13999) has been approved within Planning Area 1 and two tentative tract maps (Tentative Tracts 14283 and 14964) have been approved within Planning Area 3. Land use designations and development standards for Sector P are provided in Chapters 2 and 5, respectively.

Section 9. Forster Ranch Specific Plan, Section 107(B), Zoning, is amended to change the abbreviation for zoning in the Forster Ranch Specific Plan from “Specific Plan Forster Ranch” (“SPFR”) to “Forster Ranch Specific Plan” (“FRSP”).

Section 10. Forster Ranch Specific Plan, Exhibit 1-3, Planning Sectors, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 11. Forster Ranch Specific Plan, Exhibit 1-4, General Plan Land Use, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 12. Forster Ranch Specific Plan, Exhibit 1-5, Existing Land Use Sector D, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 13. Forster Ranch Specific Plan, Table 1-1, Sector D 1998 Existing Land Use – Residential, is amended to retitle the table to reference existing land use standards in 2022, rather than 1998, and change the General Plan land use designation in the Alisal site area (Tract 15706) from Residential High (RH) to Residential Medium (RM).

Section 14. Forster Ranch Specific Plan, Table 1-3, Sector P 201 Existing Land Use, is amended to retitle the table to reference existing land use standards in 2022, rather than 2010. Table 1-3 is also amended to change General Plan land use in Planning Area A & B from “Public and Institutional (P)” to “Open Space (OS1)”, Planning Area C “from Commercial (NC2)” to “Commercial (NC1.2) & Public (P)”, and Planning Area D from “NC2” to “NC1.2”.

Section 15. Forster Ranch Specific Plan, Section 201, Planning Concepts, is amended in its entirety to read as follows:

This revised 20221998 Forster Ranch Specific Plan is based on the following planning concepts:
1) Replacement of all former Planning Areas east of the north-south Primary Ridgeline with new Planning Areas to allow Institutional (educational and civic facilities), Neighborhood Commercial and Open Space uses. 2) Extension of Camino Vera Cruz to Avenida Vista Hermosa. 1) 3) Retention of the basic infrastructure plans from the previous Specific Plan (e.g., sewer, water, drainage, utilities)
4) Adherence to the City’s ridgeline preservation policy. 2)
5) Conformance with the 1993 Centennial General Plan policies. 1)
3) 6) Conformance with the Regional Circulation Financing and Phasing Program (RCFPP).
4) 7) Implementation of a development plan compatible with existing residential development within Forster Ranch and Marblehead Inland. 5) 8) Conformance with the anticipated provisions of the Natural Communities Conservation Program (NCCP).
6) 9) Adherence to the City’s General Plan Growth Management Policies. 2)7) 10) Adjustment of Specific Plan tables and statistics to reflect the addition of approximately 65 acres from the Marblehead Inland Specific Plan areaexisting development in relation to land use designations.

Section 16. Forster Ranch Specific Plan, Exhibit 2-1, Master Land Use Plan, is 505
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amended for consistency with land use designations in the General Plan and is provided below:
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Section 17. Forster Ranch Specific Plan, Chapter 2, Master Plan, add Section 203, Affordable Housing, and reads in its entirety as follows:
203 AFFORDABLE HOUSING PROGRAM
New residential development in the Forster Ranch Specific Plan area shall be consistent with policies and programs in the City’s Housing Element. As permitted by San Clemente’s Housing Element Inclusionary Housing Program (per Section 17.24.120), the original developer was not required to construct affordable units, and instead contributed fees in lieu of such construction in order to assist the City’s efforts to provide affordable housing opportunities citywide. The following Housing Element programs highlight affordable and senior housing development policies as of December 2022:

A. INCLUSIONARY HOUSING
The Housing Element inclusionary housing program (implemented by Zoning Ordinance Section 17.24.120) requires developers of six or more units to set aside four percent of the total number of units for households earning 50 percent or less of the median income. This affordable requirement can be provided either on‐site, off‐site, or through the payment of an in‐lieu fee or provision of land. The in‐lieu fee option was intended primarily for small to midsize in‐fill developments or subdivisions where insufficient land exists to provide both for‐sale and rental units.

B. DENSITY BONUS AND OTHER INCENTIVES
The City provides density bonus and other housing regulatory incentives in Zoning Ordinance Section 17.24.070 to implement California Government Code Section 65915 for affordable housing projects. When an applicant seeks a density bonus for a housing development or for the donation of land for housing in the City, then the City shall provide the applicant with incentives or concessions for the production of housing units.

The incentives or concessions are limited in that they shall not adversely impact coastal access, public recreation, community character, any other sensitive coastal resource, or any other resource governed by Chapter 3 of the Coastal Act. For further details on these provisions, please refer to State Government Code Section 65915 and Zoning Ordinance Section 17.24.070.

Section 18. Forster Ranch Specific Plan, Section 204, Sector D, Land Use Plan, is amended to modify the second paragraph to read in its entirety as follows:

By early 19982022, all private development in Sector D hasd been completed. except for several custom home lots in Tract 11781, a portion of Tract 10596, and the residential parcels on both sides of Portico del Sur at Camino de los Mares. The Truman Benedict Elementary School was complete and the adjacent Bernice Ayer Middle School was under construction. All future development in Sector D shall be in accordance with Table 2-2, Exhibit 2-2, and the corresponding permitted uses and development standards in Chapter 5.

Section 19. Forster Ranch Specific Plan, Table 2-2, Sector D Land Use Summary, Residential, is amended to change the General Plan land use designation in the Alisal site area from Residential High (RH) to Residential Medium (RM). 507
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Section 20. Forster Ranch Specific Plan, Exhibit 2-2, Land Use Plan Sector D, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 21. Forster Ranch Specific Plan, Exhibit 2-3, Land Use Plan Sector G, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 22. Forster Ranch Specific Plan, Section 206(A), Public, is amended to be retitled as “Public Open Space”, and is amended in its entirety to read as follows:

Sector P contains 1,096 acres spanning the east and west sides of the north-south Primary Ridgeline. Planning Areas A and B on the east side of the ridgeline are planned as public open spacea major educational or other public institutional facilities site of of about 192 acres.

One possible use is a community college to serve the tri-city area of San Clemente, Dana Point, and portions of San Juan Capistrano. Other potential uses for the site include a satellite California State University campus, private college, or other educational or institutional uses.

Section 23. Forster Ranch Specific Plan, Section 206(B), Neighborhood Commercial, is amended to be retitled as “Neighborhood Commercial and Public”.

Section 24. Forster Ranch Specific Plan, Table 2-4, Sector P Land Use Summary, is amended to change General Plan land use in Planning Area A & B from “Public and Institutional (P)” to “Open Space (OS1)”, Planning Area C “from Commercial (NC2)” to “Commercial (NC1.2) / Public (P)”, and Planning Area D from “NC2” to “NC1.2”. Table 2-4 is also amended to change the total acres of open space from “427.1” to “541.4”.

Section 25. Forster Ranch Specific Plan, Exhibit 2-4, Land Use Plan Sector P, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 26. Forster Ranch Specific Plan, Table 2-5, Open Space Summary, is amended to read in its entirety as follows:

OPEN SPACE SUMMARY
Open Space Area Sector D Sector P Sector G Totals
Forster Community Park
(Phase 1: Joint Use w/School)

7.0 0 0 7.0
Forster Community Park
(Phase 2)

21.9 0 0 21.9
Los Mares Greenbelt 15.3* 8.8 0 25.1
Major Hillside & Ridgeline
Open Space

57.8 322.1
(Includes
Conservation
Easement)
0 379.9
Open Space within
Development Areas

96.5 96.2 0 192.7
Private Open Space
(La Cristianita Pageant Site)

59.5 0 0 59.5
Shorecliffs Golf Course 0 0 139.0 139.0
Total Open Space Acres 258.0 541.4427.
1 139.0 938.4824.
1 Total Acres in Sector 740.1 1096.0 145.0 1981.1
Percentage Open Space 34.8% 49.339.0% 95.7% 41.6%
Section 27. Forster Ranch Specific Plan, Section 207(A), Forster Ranch Community Park, is amended to read in its entirety as follows:

The plan includes a 28.9-acre Forster Ranch Community Park adjacent to the Truman Benedict School. This park consists of a the seven-acre Phase 1, which contains sports fields developed for joint use with the School, and the 21.9-acre Phase 2, which will contain play area and other community facilities.

Section 30. Forster Ranch Specific Plan, Section 207(C), Major Hillside and Ridgeline Open Space, is amended in its entirety to read as follows:

1. Section D — Most Most of the Sector D hillside open space is located along the northern and western boundaries of the Specific Plan area, as shown in Exhibit 2-5.

1.2. Section P — Sector P includes two contiguous parcels, separated by Camino del Rio, totaling approximately 165 acres of a conservation easement.

The conservation easement area is illustrated in Exhibit 2-6. The . The major 512
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hillside and ridgeline open space within Sector P is to be preserved in accordance with the Hillside Development Ordinance with limited alteration.

Exceptions are for contour grading on the edge of a development area (as shown on the Exhibit 2-9 Grading Concept) and the installation of trails, small trail rest areas, and a scenic overlook area, and the extensions of Camino Del Rio and Avenida Vista Hermosa to their connections with Avenida La Pata. Approval by the Community Development Director will be required to allow remedial grading to extend further into open space areas than the conceptual grading limits shown on Exhibit 2-9. In such a case, an expansion of grading limits will be approved only to the extent determined by the Director to be necessary to ensure soil stability.

Section 31. Forster Ranch Specific Plan, Section 209(A), Overall Concept, is amended in its entirety to read as follows:

The landscape concept for the Ranch shown on Exhibit 2-10 is aimed at linking the various development areas through the use of formal street scenes, walls and fencing, and informal slope planting. In addition, this Specific Plan is consistent with the City’s Master Landscape Plan for Scenic Corridors (MLPSC). AFurther, any public improvements or development projects submitted under this Specific Plan shall also be required to be consistent with the Master Landscape Plan for Scenic Corridors (MLPSC). through the use of plant materials listed in the City’s Design Guidelines and per OCFA & Coastal Commission requirements if not specifically listed in the Specific Plan. Parkway landscaping will be complimented by habitat restoration areas where native and indigenous landscaping will be utilized.

Continuity throughout the Ranch is achieved by both streetscape and slope planting. Slopes will be informally planted and will meander through the development areas. In addition, choice of species, planting pattern, and other aspects of landscape design will be aimed at reflecting the appearance of natural slopes in the area. Tree planting on slopes will also be done selectively in order to minimize maintenance problems.

The design standards contained in Chapter 3 of this Specific Plan are aimed at implementing the goals and concepts within the 2014 Centennial General Plan Mobility and Complete Streets Element and the Master Landscape Plan for Scenic Corridors, including recommendations by City Staff on plant spacing and species as well as OCFA and Coastal Commission requirements. Rights-of-way, parkways, setbacks, landscaping, and other design features for scenic highways will be in accordance with Chapter 3, Design Guidelines, and Chapter 5, Development Standards.

Landscape planting shall include a combination of trees, shrubbery, vines, and groundcover. Drought tolerant and non-invasive plants are encouraged.

Additional plants that are part of, or are harmonious with, San Clemente’s landscape tradition of Spanish colonial landscape, as indicated in the City’s Design Guidelines, are encouraged. Plants that have a higher water usage should be limited to specific pedestrian areas. The State Model Water Efficiency Ordinance (MWELO) (AB325) shall apply to the development, as specified in the City’s Guidelines and Specifications for Landscape Development.In implementing 513
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the landscape concepts described here, the plants included on the City’s “List of Invasive and Undesirable Plant Species” shall not be used unless the City determines that other desired characteristics of such a species for a specific use will mitigate and override the species’ undesirable characteristics.

Section 33. Forster Ranch Specific Plan, Section 301(B), Use of Guidelines, is amended in its entirety to read as follows:

The design guidelines in this Chapter are used in conjunction with the City’s Design Guidelines. First, the design guidelines in this Chapter are used as the primary reference for desired design principles in the Forster Ranch area. Then, when this Chapter does not address a site design, grading, landscaping, or architectural design topic, the City’s Design Guidelines should be used as a reference to design projects.

The Forster Ranch design guidelines are used to design and evaluate projects that are subject to design review through a discretionary permit process, according to Chapter

6. This includes but is not limited to projects involving new development, historic preservation projects, certain signage, and additions or major exterior modifications to existing structures. When projects do not require a discretionary permit, the City recommends these design guidelines be followed, but a decision is not made on a project based on consistency with design guidelines.

Design guidelines describe desired principles for designing projects that implement the General Plan and urban design program. The guidelines also provide a framework for decision-makers to evaluate design and make the necessary findings for design-related decisions. The Design guidelines should assist design efforts to meet or exceed the City’s quality standards. More specifically, the objectives of the Design guidelines are to:
 Preserve and strengthen San Clemente's unique atmosphere and historic identify as the “Spanish Village By The Sea.”
 Help implement the grading, land use, landscape, and other concepts described in Chapter 1.
 Define a consistent approach to site planning, architecture, streetscape, lighting, landscaping, and other design elements to achieve visual harmony within the Forster Ranch area.
 Preserve significant natural coastal zone features and develop pedestrian/open space linkages within and between neighborhoods.
 Recognize the unique character, constraints, and opportunities of the Forster Ranch area.
 Maintain and enhance public view corridors.

Although these Design Guidelines are to be followed by developers, project designers, and City decision-makers in the design and review of development projects, they are not precise zoning regulations, but guidelines to be considered as qualities of good design in order to implement the Hillside Grading Ordinance, The Urban Design Program, and the Master Landscape Plan for Scenic Corridors. As such, City decision-making bodies should use the Guidelines to assist in their discretionary judgments to approve, modify, or deny projects. The Design Guidelines should therefore motivate design efforts toward meeting the 514
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City’s quality standards, either prior to project submission or via design modifications during project review. More specifically, the Guidelines objectives are to:

1. Define a consistent approach to site planning, graphics, color, materials, building styles, streetscape, lighting, landscaping, and other design elements.

2. Help implement the land use, landscape, grading, and other concepts described in Chapter 2.

3. Direct specific project designs toward achieving visual harmony within Forster Ranc
Section 34. Forster Ranch Specific Plan, Section 303(A, 8), Project Identification, is amended to clarify signs in residential development shall conform to the City’s Sign Ordinance.

Section 35. Forster Ranch Specific Plan, Section 303(B, 1), Pedestrian Environment, is amended in its entirety and read as follows:

1. Pedestrian Environment - Buildings should be sited in such a manner as to encourage walking from one part of the commercial area to another, minimizing automobile intrusion. Defined outdoor spaces, such as arcades, colonnades, and courtyards, should be provided. The internal and external streetscape design should encourage pedestrian activity. Pedestrian paths should be provided to create convenient accessible linkages from one part of the commercial area to another. Pedestrian walkways should be identified with textured and/or colored paving, and should be buffered from automobile traffic by use of landscaped planters, bollards, street furniture, etc. Vertical elements should be employed to draw the pedestrian to designated walkways leading from the parking areas to the commercial activity areas.Defined outdoor spaces, such as arcades, colonnades, and courtyards, should be provided. The streetscape design should encourage pedestrian activity.

Section 36. Forster Ranch Specific Plan, Section 303(B, 4), Screening of Service Areas, is amended in its entirety to read as follows:

Service and storage areas and trash enclosures should be screened from public view by means of walls, landscaping, natural berms or a combination thereof.means of walls and landscaping.

Section 37. Forster Ranch Specific Plan, Section 303(B, 9), Parking Lot Buffering, is amended in its entirety to read as follows:

A landscape (or walkway) buffer area of at least 5 feet should be provided between buildings and parking areas or driveways, in order to avoid placing paved vehicular areas next to building walls. These buffer areas should be landscaped or designed as pedestrian walkways with landscaped planters. Parking areas should be screened from the street by landscaping and berming.
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Section 38. Forster Ranch Specific Plan, Section 304, Landscape Guidelines, is amended in its entirety to read as follows:
304 LANDSCAPE GUIDELINES
A. SCENIC HIGHWAYS

1. Parkways Within Right-of-Way - In accordance with the Master Landscape Plan for Scenic Corridors, landscaped parkways adjacent to scenic highways should generally be 15 to 20 feet in width. Bikeways may be placed within or outside these parkways. Sidewalks may be adjacent to the curb or may meander through the parkways. Such specific design considerations shall be as approved by the City at the project level of review.

A. INTRODUCTION
Landscaping is an important component of the urban-design fabric; to a large extent, it establishes the overall site character. Well-conceived plantings can do much to transform an otherwise dull and barren site into a more useful, comfortable, and pleasant place. It also softens the visual image of architecture or development. A common landscape theme helps create a sense of place; it can provide areas for public activity by creating attractive spaces to enjoy views, relax, and recreate. The twohree primary goals for Forster Ranch’s landscape are to: 1) enhance the areas "SpanishVillage" character, 12) create a sense of arrival, and 23) maintain and enhance public view corridors.
“Spanish Village” character - The landscape and streetscape concept, described in this Chapter, will maintain and enhance the "Spanish Village" character of Forster Ranch.

1. Sense of arrival - The streetscape should create a "sense of arrival" at key intersections entering the Forster Ranch area. This goal is accomplished by creating focal areas, or entries, at key intersections along the main circulation routes. These entries are made "focal" by highlighting the location with highly noticeable plant material, gateway structures, street furniture, or other spatial enhancements which signify changes in location, direction, or importance, in other words, gateways are created. The intent then is that the user notices the change from outside to inside, recognizes it as the gateway, and has the desired "sense of arrival."

2. View corridors - A goal of the Specific Plan is to maintain and enhance public view corridors while allowing tree planting that supports and directs the streetscape. These views should be enhanced, directed, or protected by the planned streetscapes. The relative positioning of street trees, as well as the types selected, will allow windows of view in the key areas, as needed. Street trees are chosen, in part, for their respective character of becoming a manageable, mature size.

ORNAMENTAL LANDSCAPE ELEMENTS
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B.

Project Entries - Major project entries should be designed as statements reflective of the character of the project in order to establish identity for residents, commercial tenants, and visitors. Textured paving, flowering accents, and specimen trees should be used to reinforce the entry statement.

Slope Landscaping - Major slope banks should be graded and landscaped to reflect the appearance of natural slopes in the area. Shrubs should be arranged in broad informal masses. These masses should be built up to produce a "mounding" or textured appearance on the slope surface similar to natural slopes.

1. Trees used on slopes should be of rounded, less vertical species. They should be planted in informal groupings on the lower half of the slope to visually reduce the height of the slope when viewed from below, without blocking views from the top.

2. Parking Area Screening - Parking and circulation areas should be screened from the street by means of landscaping and berming in order to shield views of cars and paving, while promoting views of buildings on the site. Trees should be planted throughout the parking areas to soften the visual impact of large expanses of asphalt. Opportunities to add tree canopies for shade without obstructing public view corridors are encouraged.

3. Parking Structure Screening - Parking structures shall have plant material used on the perimeter of the structure to soften the visual impact of the structure from offsite views. This plant material should reflect the open space natural plant communities as they currently occur on the site, with the additional use of ornamental screening plantings within 15 feet of the structure.

4. Boundary Landscaping - Boundary landscaping should be installed along all property lines with at least one tree planted for every 30 lineal feet on average.

Landscape mounding can be used along all arterial highways unless determined infeasible by the Planning Commission or City Council, as appropriate, due to safety or other site considerations.

5. Decorative Paving - Decorative paving at project entries and interior project pedestrian areas should be used. Decorative paving should consist of brick, tile, pavers, stamped concrete, or similar materials.

6. Street Trees - On local and collector streets, street trees should be provided in front yards at an average ratio of one tree per every 25 feet of frontage in order to provide a shade canopy along street edges and visually soften the effect of buildings and hardscape as viewed from the street. Trees should be minimum 15-gallon size and should be planted within 15 feet of the sidewalk (or curb where there is no sidewalk). Preferred species include Liquidambar, London Plane, Honey Locust, Purple Plum, Star Pine, Canary Island Pine, Fern Pine, various palm species, and other species as identified by the developer and approved by the City.Street trees should be provided in front yards on local and collector streets at an average ratio of one tree per every 30 feet of frontage, in order to provide a shade canopy along street edges and visually soften the effect of buildings and hardscape as viewed from the street. Trees should be a 517
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minimum of 15 gallons in size and should be planted within 15 feet of the sidewalk (or curb where there is no sidewalk). Preferred species must be selected per Coastal Commission requirements for Public Roads.

7. Landscape Adjacent to Commercial Buildings - Commercial buildings may have a landscape area immediately adjacent to the front and sides of buildings except for loading and service areas. These areas shall be considered in meeting the overall 15 percent site landscape area requirement. Covered walkways, patios, courtyards, and landscape areas may be counted toward the total landscape requirements.

8. Commercial Pedestrian Plaza Treatments - San Clemente has the potential to develop courtyards for pedestrians, which take advantage of the City’s exceptional climate. If possible, it is preferable that the courtyards be partially visible from the street and surrounding commercial/retail areas. Courtyard treatments will be used for pedestrian areas consisting of decorative paving and landscaping. The total courtyard area shall count toward the landscape requirements.

9. Commercial Landscape Screening and Buffers - Landscape screening and buffers are necessary to provide a visual barrier between utility structures and functions (i.e., loading areas) and off-site areas. A landscape screen may consist of walls with landscaping, or massings of trees, shrubs, and groundcover planters in key areas along the perimeter of the development to mitigate unfavorable views from off-site.

10.Commercial Landscape Area Requirements - A minimum of 10 percent of the site area shall be landscaped. This percentage includes landscape buffers within the site (adjacent streets and highways), landscape islands, tree wells and other landscape planting areas within the site, landscape easements, and hardscape outdoor pedestrian areas.

11.Commercial Parking Lot Landscape Treatments - Parking areas shall be broken up by a combination of building placement and landscape planting (primarily trees for visually screening). Landscape planting in parking areas shall be located in planter areas (landscape islands and tree wells), which are bounded by concrete curbing (minimum 6 inches high). Tree wells in parking areas shall have a minimum size of 5 feet by 5 feet (outside curb dimension). Landscape islands and tree wells shall contain trees, shrubs and groundcover. a. Landscape Areas - The landscape areas within the parking lot shall contribute to the overall 15 percent landscape area requirement for the site (landscape area calculated based on net site area excluding building footprints). No specific landscape area percent is designated exclusively for the parking lot area. Landscape fingers with a minimum width of 5 feet to the outside curb shall occur at the end of all parking stall runs, except at pedestrian paved areas.

1.b. Tree Requirements - A minimum of one 15-gallon tree shall be provided for every 10 parking stalls on average. Due to the unique view opportunities of this site, palm trees shall be counted toward the tree count 518
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requirement. Clustering of parking lot trees to allow for view corridors shall be encouraged where appropriate.

2.c. Tree Selection - A consistent emphasis on view, coordination, clustering, and circulation shall be realized within the tree layout.

3.d. Shrub Selection - Shrubs within the parking areas shall be over 8 inches in height, but not exceed 36 inches in height, so as not to obstruct auto visibility. All parking lot tree planters shall also contain shrubs.

4.e. Groundcover Use - Groundcover plant material is not required in tree wells if there are adequate shrubs for eventual full coverage of groundcover areas.

5.f.Tree Well Irrigation - Drip irrigation is encouraged in tree well areas. g. Parking Lot Screening - Along Avenida Vista Hermosa, parking areas for the commercial development shall be screened from the street by means of landscape planting or berming in the landscape buffer. A continuous screen 30 inches in height should be formed by the use of plants or berms. Shrubs should be 30 inches in height after 2 years growth, and should be spaced in massed plantings so that branches inter-twine.

C. SCENIC HIGHWAYS

1. Parkways Within the Right-of-Way - In accordance with the Master Landscape Plan for Scenic Corridors, landscaped parkways adjacent to scenic highways should generally be 15 to 20 feet in width. Bikeways may be placed within or outside these parkways. Sidewalks may be adjacent to the curb or may meander through the parkways.

2. Plant Palette -– Plant materials utilized in scenic highway medians and parkways should be consistent with the Landscape Guidelines approved by the Coastal Commission and landscape theme described in Chapter 2, reflecting the City’s “Spanish Village By The Sea theme.”Plant materials along scenic corridors should be consistent with the City’s Master Landscape Plan for Scenic Corridors (MSPSC).

3. Setbacks from Right-of-Way - The average minimum building setbacks from scenic highway rights-of-way should be 50 feet. In order to promote a variety of depth and visual relief for buildings adjacent to the highway, buildings up to 20 feet in height may be placed as close as 30 feet from the right-of-way, provided the 50-foot average setback is maintained for each project frontage. Within the above setbacks, a minimum 20 feet of permanent landscaping should be provided. Refer to Chapter Five5 for required setbacks from scenic highways. a)

4. Wall Adjacent to Scenic Corridors - Masonry or stucco walls or view fences (e.g. wrought iron) should be used adjacent to scenic highways instead of wood fences. Designs should incorporate colors, materials, and finishes that blend with the surrounding environment. Wall standards are as follows:
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a. Materials and general appearance are to be consistent on both sides of the street along the length of each scenic highway.
b. Setbacks for walls should vary to add interest to the streetscape. Long straight stretches of wall are to be avoided. Walls may be opened up at select locations with panels of wrought iron, tubular steel, or similar materials.
c. Wall heights should be less than 6 feet wherever feasible. d. Landscaping should be integrated into wall design to soften appearance.

D. IIFUEL MODIFICATION
A fuel modification zone is a wide strip of land where flammable native vegetation is removed or thinned, and partially or totally replaced with drought tolerant, fire resistant plants. The many variables involved with fuel modification make precise regulations for general application infeasible. Therefore, each project must be reviewed for its particular needs. These guidelines may be modified in areas where unique conditions or biological resources exist, subject to review and approval of the Fire Marshall.

E. CRITERIA FOR PLANT SELECTION
Plantings should be consistent with the following planting guidelines so landscape and streetscape designs fit with the desired landscape concept for the Specific Plan.

Plant types and landscape plants are reviewed by the City for consistency with this Specific Plan and Local Coastal Program as a part of the project approval process.

1. Plants must be drought-tolerant, non-invasive, and non-toxic - Plants must be primarily drought-tolerant and consist of non-invasive species. Plants should consist of non-toxic varieties in the public right-of-way and not have root systems that could become intrusive to underground infrastructure, such as sewer systems, because aggressive roots can damage sewer lines and cause sewer spills.

2. Consideration shall be given to reducing landscape maintenance and water 520
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consumption, adaptability to high-salt and high-boron soil conditions present in Forster Ranch, low fire-fuel content in transition areas between development and open space, and enhancement of slope stability and erosion control.

3. Invasive or otherwise undesirable species, as listed by the City, should not be used unless the City determines that other desired characteristics of such a species for a specific use will override the undesirable characteristics.

4. Within natural open space areas preference should be given to species native to the Southern California coastal region, and subject to the foregoing constraints pertaining to soil and other environmental conditions.

Section 39. Forster Ranch Specific Plan, Section 401, Development Phasing, is amended to retitle the section as “Purpose” and is amended in its entirety to read as follows:

Forester Ranch is mostly developed with infrastructure capacity and services adequate for planned uses. Therefore, this Chapter does not layout a detailed phasing and implementation plan for specific issues. Moving forward, implementation of this specific plan involves ensuring future projects: 1) are consistent with the General Plan and Local Coastal Program Land Use Plan (LUP), 2) follow design guidelines, 3) comply with development standards, and 4) construct required infrastructure improvements based on programs and funding sources described in this Chapter.

Section 40. Forster Ranch Specific Plan, Section 402, Circulation Phasing, is amended to retitle the section as “Public Improvements” and is amended in its entirety to read as follows:

Each year, the City Council adopts an update of the Capital Improvement Program (CIP) with a budget. The CIP includes public construction projects and purchases of land, equipment, and contract services. The City utilizes “master plans” to guide the development and maintenance of existing public infrastructure, as well as future capital improvements. The plans provide a foundation for the development of goals and priorities for public capital improvement projects. The list of master plans includes:
 Centennial General Plan
 Local Coastal Program
 Climate Action Plan
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 Bicycle and Pedestrian Master Plan
 Master Plan for City Facilities
 Park & Recreation Master Plan
 Regional Circulation Financing and Phasing Program (RCFPP)  Street Improvement Program
 Water Master Plan
 Drainage Master Plan
 Wastewater (Sewer) Master Plan
 Water and Sewer Asset Management Plan
 Recycled Water Master Plan
 Urban Runoff Management Plan
Through a public review process, these plans are developed to provide goals and policies for achieving San Clemente’s vision. The plans guide growth and development, including decisions on the maintenance and development of public infrastructure. The plans demonstrate the City’s commitment to long-range capital improvement programming by focusing attention on the current and future needs of the community, while balancing the community’s needs with its available fiscal resources. The CIP Committee, consisting of members from all City departments, annually prepares and updates a capital improvement plan. Projects are reviewed by the CIP Committee to ensure that the City’s priorities are addressed and that staffing levels and funds are adequate to complete the projects. Capital Improvement Program projects are based on the following four categories:
 Replacement. Existing improvements that are deteriorated and need to be replaced and/or upgraded to continue to provide service and to meet current codes and regulations.
 Expansion. New improvements that are growth-related and funded through development fees. These improvements are identified in master plans and/or agreements, and funding sources are in place.
 Growth. New improvements based on projected development. These projects are “development dependent”, and the funding source is through future development fees and/or financing by developers.
 Economic Vitality and Diversity. This includes construction of improvements for promotion of economic vitality and diversity and to eliminate and prevent the spread of blight and deterioration in the City.

Section 41. Forster Ranch Specific Plan, Exhibit 4-1, Sector P Development Phasing, is struck in its entirety with follows following exhibits renumbered to address for the change and references in the document by text to change accordingly.

Section 42. Forster Ranch Specific Plan, Exhibit 4-1, Sector P Development Phasing, is struck in its entirety with follows following exhibits renumbered to address for the change.

Section 43. Forster Ranch Specific Plan, Section 404, General Requirements, is amended to be retitled as “Infrastructure Improvements”, and is amended in its entirety 522
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to read as follows:

Developers of property within the Forster Ranch area will construct required infrastructure improvements, such as streets, water lines, bikeways, trails, sewers, storm drains, etc., in conjunction with their projects. Developers should consult with the City’s Public Works and Utilities Departments to determine if utility infrastructure improvements are necessary and required to allow a project. Public improvements must be permitted and completed according to engineering design standards, the Municipal Code, and State and Regional regulations.

In terms of the storm water system, the City Master Plan of Drainage should be used as a general guide for improvements to the drainage system within the Pier Bowl area.

Additionally, all related Capital Improvement Program (CIP) Storm Drain and Local Drainage projects identified in the City’s 6-year plan should be considered for implementation, as applicable.

A. Drainage System
Drainage from the Forster Ranch after development will continue to flow through the same general areas as before development. The acreage in each drainage area will be unchanged. No major diversion of drainage is proposed. The Primary Ridgeline which separates the two drainage basins will not be altered in any manner which would significantly affect tributary drainage areas. However, the amount of runoff flowing into each of the two drainage basins will increase due to the proposed development. Along the boundary between Sectors D and P, drainage from the Prima Deshecha basin will be carried in the M01 Prima Deshecha storm drain system, which is located along the easterly side of Camino de los Mares (see Exhibit 4-5). Construction of a box culvert to carry stormwater runoff in the M01 channel has been completed. The portion of Sector P east of the Primary Ridgeline is within the Segunda Deshecha drainage watershed.

Instead of the direct construction of the main channel, development in this portion of the Ranch will contribute drainage fees in conformance with the City of San Clemente Master Plan of Drainage. The developer will be responsible for the conveyance of storm runoff to an acceptable point of discharge.

Section 44. Forster Ranch Specific Plan, Section 501(A), Purpose and Applicability, is amended in its entirety to read as follows:

1. Purpose - The very low density residential standards are established to accommodate estate development at a maximum density of one dwelling unit per acre.

2. Applicability - This Section applies to single family residential lots in Sector D, Tract 11781.
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3. Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Ordinance shall regulateregulate . An index of Zoning Ordinance sections is listed in the Appendices of this Specific Plan.(see Appendix B for the appropriate Zoning Ordinance Section).(see Appendix B for the appropriate Zoning Ordinance Section).

4. Land Uses Not Listed - In cases where it is not clear whether a proposed land use is permitted under this Section, refer to the Zoning Ordinance.

If also not specifically addressed in the Zoning Ordinance, San Clemente Municipal Code (SCMC) Section 17.040 (SCMC 17.04.040) governs.

5. 5. Design Guidelines - All development under this Section is also subject to the Design Guidelines set forth in Chapter 3.

6. Site Plan Review - All projects regulated by this Section shall be subject to Site Plan Review in accordance with Section 601.

Section 47. Forster Ranch Specific Plan, Sections 501(F, 7), 502(F, 9), 502(G, 15), 504(F, 12), and 505(F, 8), Fences, Walls, and Hedges, is amended in its entirety to read as follows:

Fences, walls, and hedges serving the same purpose as a fence shall be no greater than 6 feet in height in required side and rear setbacks and 2.5 feet in height in front setbacks and exterior side setbacks abutting a street. The height may be increased where necessary for noise mitigation or retaining walls pursuant to Section 601, Minor Adjustments. Walls adjacent to scenic highways shall conform to Section 305 design standards. Where swimming pools are located, fences must comply with the City’s safety standards for swimming pool fences.Pursuant to the Zoning Ordinance, fences, walls, and hedges serving the same purpose as a fence shall be no greater than 6 feet in height within required side and rear setback areas, and 3' - 6" in height within required front setback areas and exterior side setback areas abutting a street. The height may be increased where necessary for noise mitigation or retaining walls pursuant to Section 601, Minor Administrative Adjustments. Walls adjacent to scenic highways shall conform to Section 305 design standards. Where swimming pools are located, fences must comply with the City's safety standards for swimming pool fences. Refer to the Zoning Ordinance for retaining wall standards.

Section 48. Forster Ranch Specific Plan, Section 502, 503, 504, 505, 506, 507, 508, 509, 510, and 511(A, 3), Standards Not Listed, is amended in its entirety to read as follows:

Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Ordinance shall regulateregulate . An index of Zoning Ordinance sections is listed in the Appendices of this Specific Plan.(see Appendix B for the appropriate Zoning Ordinance Section).

Section 49. Forster Ranch Specific Plan, Section 502, 503, 504, 505, 506, 507, 508, 509, 510, and 511(A, 4), Land Uses Not Listed, is amended to read as follows:
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In cases where it is not clear whether a proposed land use is permitted under this Section, refer to the Zoning Ordinance. If also not specifically addressed in the Zoning Ordinance, Municipal Code Section 17.040 (SCMC 17.04.040) governs.

Section 50. Forster Ranch Specific Plan, Section 502, 503, 504, 505, 506, 507, 508, 509, 510, and 511(A, 5), Site Plan Review, is struck in its entirety with subsequent section renumbered accordingly.

Section 51. Forster Ranch Specific Plan, Section 502(F, 2), 502 (G, 2), 504 (F, 2), and 505 (F, 2), Minor Exceptions, is amended to clarify minor exceptions to development standards are granted in accordance with Section 17.16.090 of the Zoning Ordinance.

Section 52. Forster Ranch Specific Plan, Section 502(F, 3) and 502 (G, 4), 504 (F, 4), Maximum Dwellings Per Lot, is amended to clarify the maximum number of dwelling units per lot for single-family lots is one primary residence.

Section 53. Forster Ranch Specific Plan, Section 504(B, 3), Principal Uses Permitted, is amended in its entirety to read as follows:

Residential health care, community care, elderly care, or child day care facilities which serve 6 or fewer persons and which areas identified in the California Health and Safety Code and Zoning Ordinance.as required permitted uses in residential districts.

Section 53. Forster Ranch Specific Plan, Section 505 (E, 2), Temporary Uses and Structures Permitted, is amended in its entirety to read as follows:

Outdoor sales or promotional events such as parking lot sales or the sale of Christmas trees if a temporary use permit is approved in accordance with the Zoning Ordinance.in accordance with Section 17.16.150 of the Zoning Ordinance Section 53. Forster Ranch Specific Plan, Section 505 (F, 3), Maximum Height of Main Building, is amended to clarify the allowed building height in neighborhood commercial zoning districts and reads in its entirety as follows:

Maximum Height of Main Building – 33’-0 Top of Roof; 26’0” Plate; 2 stories Section 53. Forster Ranch Specific Plan, Chapter 6, Development Review Process, is amended in its entirety and reads as follows:
601 Legal Authority
602 Development Review Procedures
603 Amendments to the Specific Plan
604 Enforcement
605 Severability
601 LEGAL AUTHORITY
This Specific Plan has been prepared and adopted pursuant to Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 of the California Government 525
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Code. The California Government Code authorizes Cities such as San Clemente, to adopt Specific Plans as a more comprehensive method of implementing the General Plan. The Specific Plan bridges the gap between the goals and policies of the General Plan and the site-specific criteria of a tentative tract map or site plan. This Forster Ranch Specific Plan is a regulatory plan constituting the zoning for the property.

Development Plans or Agreements, Tract or Parcel Maps, and any action requiring discretionary or ministerial approval by the City shall be consistent with this Specific Plan as adopted by City Council.

B. ENVIRONMENTAL REVIEW
All applications for discretionary review and approval shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines and City procedures.

The City reviews and processes proposals according to State law, the Coastal Land Use Plan (LUP), this Specific Plan, and the Zoning Ordinance. Following City approval of permits, projects that do not meet criteria for the Coastal Categorical Exclusion Order, must be reviewed and approved by the City “in-concept” before applications are submitted to the Coastal Commission for processing.
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The City does not have an Implementation Plan (IP). The City is preparing an IP for public review and City Council consideration, and Coastal Commission certification.

Until IP certification is complete, this Specific Plan and the Zoning Ordinance function as implementation plans for the Pier Bowl area.

Grading concept plans shall be reviewed for consistency with this Specific Plan. The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

G. GRADING
If grading is proposed, a grading permit shall be required depending on the amount and nature of work proposed. Grading permits are required to ensure grading is completed according to State law, the Municipal Code, and the City’s Grading Manual.

I. SITE PLAN PERMITS
Except for custom homes on individual lots, All applications for new development 527
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within the Forster Ranch Specific Plan, except for custom homes on individual lots, shall be subject to the requirements of a Site Plan Permit in accordance withaccording to the Zoning Ordinance. The purpose of the Site Plan Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Site Plan Permits Section of the Zoning Ordinance. The City may impose specific conditions on Site Plan Permits in addition to the requirements of this Specific Plan. Applications for anything other than new development shall be reviewed and processed in accordance with the Zoning Ordinance requirements for Site Plan Permits or Minor Site Plan Permits as determined by the Zoning Ordinance.

J. SIGNS
Sign applications shall be processed in accordance with the City’s Sign Ordinance and the Sign Program for the site.

L. OTHER APPLICATIONS
All other permits not identified by this Specific Plan shall be processed according to the Zoning Ordinance, including but not limited to, Conditional Use Permits, Variances, and Discretionary Sign Permits.
603 AMENDMENTS TO THE SPECIFIC PLAN
Amendments to this Specific Plan shall be reviewed and processed in accordance with the Zoning Ordinance, or the Implementation Plan following its certification by the Coastal Commission. If land use policy or map changes are required, a General Plan and Coastal Land Use Plan amendment shall be reviewed according to the Municipal Code. If the City Planner determines that a General Plan Amendment is required, said application shall be reviewed and processed in addition to the Specific Plan Amendment in accordance with the Zoning Ordinance.
604 ENFORCEMENT
This Specific Plan promotes orderly development and the zoning for the Forster Ranch area. Consistent with the Municipal Code, any violation of the standards and regulations identified in the Specific Plan adopted by the City Council shall be considered a violation of the Zoning Ordinance.
605 SEVERABILITY
In the event that any plan, diagram, regulation, condition, program, or other portion of this Specific Plan is held invalid by a court of competent jurisdiction, such portion(s) shall be deemed separate, distinct, and independent provisions of the Specific Plan and the invalidity of such provisions shall not affect the validity of the remaining provisions of the Specific Plan.
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601 Development Review Procedures
602 Amendments to the Specific Plan
601 DEVELOPMENT REVIEW PROCEDURES
A. PURPOSE AND APPLICABILITY
The purpose of this Section 601 is to specify the steps required to review new development projects within the Forster Ranch Specific Plan area. All private development projects proposed under this Specific Plan shall be reviewed in accordance with the provisions of this Chapter, following an initial screening by the Community Development Department. Upon approval by the City Planner, some of the review phases in this Section may concurrent.

B. ENVIRONMENTAL REVIEW
All entitlement applications shall undergo environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines and City procedures.

C. RESIDENTIAL GROWTH MANAGEMENT
No allocations for residential development shall be granted until a Tentative Map is approved by the City in accordance with the City’s growth management ordinance, Measure B (Chapter 38 of the Municipal Code).

D. TENTATIVE MAP REVIEW
Applications for approval of Tentative Tract and Tentative Parcel Maps shall be reviewed in accordance with the City’s most current Subdivision Ordinance (Chapter 35 of the Municipal Code). Subject to the limitations of the 1998 City-Laing Development Agreement, the City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan.

Preliminary grading concept plans shall be approved in association with approval of a Tentative Map or Site Plan. A site-specific geologic report shall be submitted identifying surface and subsurface investigations providing conclusive findings on the activity of fault traces in Sector P. Grading concept plans shall be reviewed for consistency with the City’s Hillside Development Ordinance and designed to meet the following goals:
a) The natural topographic character of hillsides, as exhibited in ridgeline silhouette and backdrop for development, rounded hill form, and angled hillside slopes shall be maintained and/or reinforced.
b) Significant natural systems and resources associated with hillside environments, including but not limited to primary and secondary ridgelines, significant vegetation and wildlife habitat, special geological features, natural drainage swales and canyons, steep slopes, and important historic or cultural manmade features, shall be maintained and/or restored.
c) The visual character of hillsides shall be maintained, recognizing both the importance of the exposure of hillside development to off-site public views and 529
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the importance of providing panoramic views from the hillside.

E. DESIGN REVIEW
All non-residential projects within the Specific Plan area shall be subject to design review in accordance with the Zoning Ordinance.

F. SITE PLAN REVIEW
All projects within the Forster Ranch except custom homes on individual lots shall be subject to Site Plan Review in accordance with the Zoning Ordinance. Subject to the limitations of the 1998 City-Laing Development Agreement, the City may impose specific conditions on Site Plans in addition to the requirements of this Specific Plan.

Site plans shall include design features to avoid potential land use conflicts between dissimilar land uses, both within planning areas and between adjacent planning areas.

These features may include landscape screening, berms, walls, judicious setback distances from planning area boundaries, and orientation of land uses to minimize conflicts between adjacent uses.

G. CONDITIONAL USE PERMITS AND VARIANCES
Conditional Use Permits and Variances shall be processed in accordance with the Zoning Ordinance. Upon mutual agreement between the City Planner and the applicant and subject to the processing requirements of the City’s growth management ordinance (Measure B), the review of Conditional Use Permits and/or Variances may be carried out concurrently with one or more of the other review phases described in this Section.

H. MINOR ADJUSTMENTS
Where specifically permitted in Section 5, Development Standards, the City Planner may approve minor adjustments to development standards. Adjustments made to development standards must be consistent with the intent of the design guidelines.

I. SIGNS
Prior to issuance of any sign permit, a Master Sign Plan shall be submitted and processed in accordance with the City’s Sign Ordinance in effect at the time of approval. The Master Sign Program shall apply to a designated Planning Area(s) and include the following information: (a) the number and location of proposed signs; (b) the dimensions; (c) the colors and materials; (d) the method of illumination; and (e) any other information necessary to determine compliance with the City’s Sign Ordinance and Urban Design Program.

Once a Master Sign Program has been approved for any specific Planning Area, a sign permit within that Planning Area may be issued without further discretionary review if it is determined that the proposed sign conforms to the approved Master Sign Program.
602 AMENDMENTS TO THE SPECIFIC PLAN
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A. SCREENING OF PROPOSED AMENDMENTS
The City Planner shall screen all proposed specific plan amendments and determine whether such constitutes a minor or major amendment. If the City Planner determines that a proposal is a minor amendment, the amendment shall be scheduled for review in accordance with the Minor Amendments section below. If the City Planner determines that it is a major amendment, the amendment shall be reviewed in accordance with the Major Amendments section below. If not satisfied with the City Planner’s determination, the applicant may appeal to the Planning Commission in accordance with the Zoning Ordinance.

B. MINOR AMENDMENTS
Minor amendments to this Specific Plan may be approved by the Planning Commission provided it determines that all of the following criteria are met:
1) If the change involves the transfer of dwelling units between planning areas, the transfer would change the dwelling unit count specified in Chapter 2 for any planning area by no more than 10 percent and would not result in an increase in the maximum number of dwelling units allowed for the Specific Plan as a whole; or, if the change involves an adjustment in planning area boundaries, the adjustment would not change the acreage of any planning area by more than 10 percent; and
2) There is no change in the land use category, (e.g. residential, mixed use, open space, etc.) assigned in Chapter 2 for the affected planning area(s). 3) The change is in conformance with the purpose of the specific plan as set forth in Section 101.

C. MAJOR AMENDMENTS
If the City Planner determines that a proposed amendment does not meet the criteria for Minor Amendments specified above, a major amendment to the Specific Plan shall be reviewed in accordance with the Zoning Ordinance. If the City Planner further determines that a zone change and/or general plan amendment is required, said applications shall be reviewed in addition to the specific plan amendment itself.

Section 53. Forster Ranch Specific Plan, Chapter 7, Definitions, is amended to modify the definition for Agricultural Uses in its entirety as follows:
“Agricultural Uses” shall mean farming, including all types of agriculture and horticulture, grazing, and small animal farms not including commercial kennels, poultry farms, or dairies. Cannabis growing operations are not considered an agricultural use.shall mean farming, including all types of agriculture and horticulture, grazing, and small animal farms, not including commercial kennels, poultry farms, or dairies.
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Specific Plan Amendment 21-229
Marblehead Coastal Specific Plan
Section 1. Marblehead Coastal Specific Plan, Cover Page (pages 1 &2), is amended to update document’s last amendment date, current City Council and Planning Commission, and remove reference to Planning Consultants and City Staff.

Section 3. Marblehead Coastal Specific Plan is amended in its entirety to modify all references to General Open Space (OS3) as Private Open Space (OS2), Regional Serving Commercial (RC1) as Regional Commercial (RC), and Coastal/Recreation Serving Commercial (CRC1) as Coastal and Recreation Serving (CRC), including all text, exhibits, and figures within the document. Modified exhibits include the following as listed and shown below:
 Exhibit 1-4, General Land Use Designations
 Exhibit 2-1, Master Land Use Plan
 Exhibit 2-3, Open Space Features
 Exhibit 2-10, Landscape Concept Plan
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Section 4. Marblehead Coastal Specific Plan, Section 103, Relationship to Other City Planning Documents, is amended in its entirety to read as follows:

The General Plan establishes what types of land uses will be permitted and where they can be located, allowable densities for development, and the proportional relationship of the built environment to the natural environment. The General Plan also identifies the location and criteria for open space preservation, the basic design and phasing of the circulation system, future infrastructure and public service needed, and methods to protect environmental resources. The City’s physical form and image, economy, and social fabric are greatly influenced by the General Plan. The General Plan remarks on the crucial role the natural environment plays in sustaining community lifestyle and the local economy. As such, the CAP builds upon the environmental values set forth in the General Plan. The CAP focuses on water, energy, and waste consumption as areas targeted for action to create efficiencies. The General Plan is the fundamental planning policy document of the City of San Clemente. It defines and sets forth rules by which the community will be permitted to develop in the future. It is intended to guide planning, environmental, and land use decisions in the City for the next ten to twenty years. The various General Plan Elements establish goals, objectives, and policies. These Elements include Land Use, Housing, Economic Development, Urban Design, Growth Management, Coastal, and Circulation.

Section 8. Marblehead Coastal Specific Plan, Section 203, Affordable Housing Program, is amended to be re-written in its entirety as follows:

New residential development in the Marblehead Coastal Specific Plan area shall be consistent with policies and programs in the City’s Housing Element. As required by San Clemente’s Housing Element Inclusionary Housing Program (per Section 17.24.120), the development project in Marblehead Coastal was conditioned during the application review process to provide a minimum of 15 percent of the units built as affordable housing units. The project proposed a buildout of 313 dwelling units requiring up to 47 affordable units 537
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under these provisions. Compliance with the City’s Inclusionary Housing Program affordable housing requirement was satisfied through payment of in-lieu fees. The Affordable Housing Agreement was executed on February 2nd, 2006. The following Housing Element programs highlight affordable and senior housing development policies as of December 2022:

I. INCLUSIONARY HOUSING
The Housing Element inclusionary housing program (implemented by Zoning Ordinance Section

Section 9. Marblehead Coastal Specific Plan, Section 204, Parks, Open Space, and Recreation Trails, is amended to remove the first sentence as read below:

The General Plan requires that 30 percent of the site be preserved as open space.

Section 12. Marblehead Coastal Specific Plan, Section 301 (II), Use of Guidelines, is amended in its entirety to read as follows:

The Marblehead Coastal design guidelines are used to design and evaluate projects that are subject to design review through a discretionary permit process, according to Chapter 6. This includes but is not limited to 538
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projects involving new development, certain signage, and additions or major exterior modifications to existing structures. When projects do not require a discretionary permit, the City recommends these design guidelines be followed, but a decision is not made on a project based on consistency with design guidelines.

Design guidelines describe desired principles for designing projects that implement the General Plan and urban design program. The guidelines also provide a framework for decision-makers to evaluate design and make the necessary findings for design-related decisions. The Design guidelines should assist design efforts to meet or exceed the City’s quality standards. More specifically, the objectives of the Design guidelines are to:
 Preserve and strengthen San Clemente's unique atmosphere and historic identify as the “Spanish Village By The Sea.”
 Help implement the grading, land use, landscape, and other concepts described in Chapter 1.  Define a consistent approach to site planning, architecture, streetscape, lighting, landscaping, and other design elements to achieve visual harmony within the Marblehead Coastal area.  Preserve significant natural coastal zone features and develop pedestrian/open space linkages within and between neighborhoods.
 Recognize the unique character, constraints, and opportunities of the Marblehead Coastal area.  Maintain and enhance public view corridors.

Section 14. Marblehead Coastal Specific Plan, Section 303 (II, D), Signs, clarifies a Master Sign Program shall be provided for proper review when considering signage proposed in commercial centers.

Section 15. Marblehead Coastal Specific Plan, Section 304, Landscape Guidelines, is amended in its entirety to read as follows:

A. “Spanish Village” character - The landscape and streetscape concept, described in this Chapter, will maintain and enhance the "Spanish Village" character of Marblehead Coastal. 539
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Plant materials should be consistent with traditional plantings found at California Missions or in association with Spanish Colonial Architecture such as palms, flowering trees and vines, drought-tolerant plants, and succulents.

B. Sense of arrival - The streetscape should create a "sense of arrival" at key intersections entering the Marblehead Coastal area. This goal is accomplished by creating focal areas, or entries, at key intersections along the main circulation routes. These entries are made "focal" by highlighting the location with highly noticeable plant material, gateway structures, street furniture, or other spatial enhancements which signify changes in location, direction, or importance, in other words, gateways are created. The intent then is that the user notices the change from outside to inside, recognizes it as the gateway, and has the desired "sense of arrival."
A.C. View corridors - A goal of the Specific Plan is to maintain and enhance public view corridors while allowing tree planting that supports and directs the streetscape. Public view corridors are shown on Exhibit 2-11 in Chapter 2. These views should be enhanced, directed, or protected by the planned streetscapes. The relative positioning of street trees, as well as the types selected, will allow windows of view in the key areas, as needed. Street trees are chosen, in part, for their respective character of becoming a manageable, mature size.

III. ORNAMENTAL LANDSCAPE ELEMENTS
A. Project Entries - Major project entries should be designed as statements reflective of the character of the project in order to establish identity for residents, commercial tenants, and visitors. Textured paving, flowering accents, and specimen trees should be used to reinforce the entry statement.

A. Slope Landscaping - Major slope banks should be graded and landscaped to reflect the appearance of natural slopes in the area. Shrubs should be arranged in broad informal masses. These masses should be built up to produce a "mounding" or textured appearance on the slope surface similar to natural slopes.

A. Trees used on slopes should be of rounded, less vertical species. They should be planted in informal groupings on the lower half of the slope to visually reduce the height of the slope when viewed from below, without blocking views from the top.

D. Boundary Landscaping - Boundary landscaping should be installed along all property lines with at least one tree planted for every 30 lineal feet on average. Landscape mounding can be used along all arterial highways unless determined infeasible by the Planning Commission or City Council, as appropriate, due to safety or other site considerations. 540
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E. Decorative Paving - Decorative paving at project entries and interior project pedestrian areas should be used. Decorative paving should consist of brick, tile, pavers, stamped concrete, or similar materials.

G. I-5 Landscape Treatments for Project Perimeter - Landscape treatments along the project perimeter will utilize ornamental and native plantings. This treatment is encouraged to soften the potential visual impacts and to comply with the Habitat Management Plan.

2. Buffer Area - A landscape buffer shall be provided adjacent to I-5, having a minimum width of 5 feet from the I-5 right-of-way.

HI. Landscape Adjacent to Commercial Buildings - Commercial buildings may have a landscape area immediately adjacent to the front and sides of buildings except for loading and service areas. These areas shall be considered in meeting the overall 15 percent site landscape area requirement. Covered walkways, patios, courtyards, and landscape areas may be counted toward the total landscape requirements.

IJ. Commercial Pedestrian Plaza Treatments - San Clemente has the potential to develop courtyards for pedestrians, which take advantage of the City’s exceptional climate. If possible, it is preferable that the courtyards be partially visible from the street and surrounding commercial/retail areas. Courtyard treatments will be used for pedestrian areas consisting of decorative paving and landscaping. The total courtyard area shall count toward the landscape requirements.

3. The Restaurant Plazas - The Restaurant Plazas shall primarily be established as outdoor eating areas. These plazas shall maximize ocean vistas whenever possible.

The design of these plazas shall be similar to the Entertainment Plaza, yet on a smaller scale for single or double users.

JK. Transition from Off-Ramp Planting - The landscape at the Avenida Vista Hermosa and I5 off-ramp will follow the landscape concept of Palms, and Bougainvilleas, transitioning into the commercial center parkway landscape for the first 300 feet.

L. Commercial Landscape Area Requirements - A minimum of 10 percent of the site area shall be landscaped. This percentage includes landscape buffers within the site (adjacent streets and highways), landscape islands, tree wells and other landscape planting areas within the site, landscape easements, and hardscape outdoor pedestrian areas.

Tree wells in parking areas shall have a minimum size of 5 feet by 5 feet (outside curb dimension). Landscape islands and tree wells shall contain trees, shrubs and groundcover.

Landscape fingers with a minimum width of 5 feet to the outside curb shall occur at the end of all parking stall runs, except at pedestrian paved areas.

5. Groundcover Use - Groundcover plant material is not required in tree wells if there are adequate shrubs for eventual full coverage of groundcover areas.

6. Tree Well Irrigation - Drip irrigation is encouraged in tree well areas.

7. Parking Lot Screening - Along Avenida Vista Hermosa, parking areas for the commercial development shall be screened from the street by means of landscape 542
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planting or berming in the landscape buffer. A continuous screen 30 inches in height should be formed by the use of plants or berms. Shrubs should be 30 inches in height after 2 years growth, and should be spaced in massed plantings so that branches inter-twine.

III. SCENIC HIGHWAYS
B.A. Parkways Within the Right-of-Way - In accordance with the Master Landscape Plan for Scenic Corridors, landscaped parkways adjacent to scenic highways should generally be 15 to 20 feet in width. Bikeways may be placed within or outside these parkways.

Sidewalks may be adjacent to the curb or may meander through the parkways. Such specific design considerations will be approved by the City at the project level of review.

Scenic highway cross-sections for Avenida Vista Hermosa, Avenida Pico, and El Camino Real are as shown on Exhibits 4-1 and 4-2.

C.B. Plant Palette - Plant materials utilized in scenic highway medians and parkways should be consistent with the Landscape Guidelines approved by the Coastal Commission and landscape theme described in Chapter 2, reflecting the City’s “Spanish Village By The Sea theme.”
D.C. Wall Adjacent to Scenic Corridors - Masonry or stucco walls or view fences (e.g. wrought iron) should be used adjacent to scenic highways instead of wood fences. Designs should incorporate colors, materials, and finishes that blend with the surrounding environment.

Wall standards are as follows:

1. Materials and general appearance are to be consistent on both sides of Avenida Vista Hermosa.

3. Wall heights should be less than 6 feet wherever feasible.

4. Landscaping should be integrated into wall design to soften appearance.

IVII. FUEL MODIFICATION
A fuel modification zone is a wide strip of land where flammable native vegetation is removed or thinned, and partially or totally replaced with drought tolerant, fire resistant plants. The many variables involved with fuel modification make precise regulations for general application infeasible. Therefore, each project must be reviewed for its particular needs. These guidelines may be modified in areas where unique conditions or biological resources exist, subject to review and approval of the Fire Marshall.

Fuel modification generally consists of a wet zone and one or more thinning or fuel modification zones. The wet zone, also referred to as the irrigation zone, generally extends from the edge of a graded pad or the limit of an area where storage of combustible materials or combustible structures may be located. The project wet zone will vary (when needed), and planted only with fire resistant plants and permanently irrigated. The thinning zone is not needed on most of this project because slopes are not expansive and the project is not adjacent to wildland conditions. Plant selection should comply with the Fuel Modification Standards of the Orange County Fire Authority and with requirements of the California Coastal Commission. The Habitat Management Plan and the 543
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Landscape Concept for the residential and commercial Site Plans identify specific standards and locations for fuel modification for this project.

IV. STREETSCAPE GATEWAYS
The Marblehead Coastal area is accessed from outlying neighborhoods and I-5 Interstate Freeway by primary and secondary arterial routes shown on Exhibit 3-3. Street intersections at these primary and secondary intersections should be improved with design elements that provide a “sense of arrival” and create a first impression of Marblehead Coastal’s character.

A. Primary gateway - The primary gateway intersection is located outside the Marblehead Coastal Specific Plan where the offramp to the I-5 Interstate Freeway enters the primary circulation route (West Avenida Vista Hermosa), eventually leading to Avenida Pico, the area’s other primary arterial route. Entering the Marblehead Coastal area along West Avenida Heromsa is the primary, most traveled gateway to Marblehead Coastal. As the main gateway to the area, the intersection should have design features that create a "sense of arrival” bold enough to capture the attention of people traveling to the area.

D. Invasive or otherwise undesirable species, as listed by the City, should not be used unless the City determines that other desired characteristics of such a species for a specific use will override the undesirable characteristics.
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E. Within natural open space areas preference should be given to species native to the Southern California coastal region, and subject to the foregoing constraints pertaining to soil and other environmental conditions.

Section 16. Marblehead Coastal Specific Plan, Section 401, Development Phasing, is amended to be retitled as Section 401, “Purpose”, and is rewritten in its entirely as follows:

Development within Marblehead Coastal is expected to begin prior to the year 2005. No building permits will be issued for any part of Marblehead Coastal until all funding for the entire interchange project has been secured according to RCFPP requirements. Overall site grading is anticipated to occur in one phase, with partial development of the regional commercial center and/or the first two phases of residential development planned as the first development phase. Residential permits may be issued when traffic studies demonstrate that acceptable levels of service will be maintained on Avenida Pico in accordance with General Plan and RCFPP standards.

The table on the following pages outlines the staging program for Marblehead Coastal.

Section 407 identifies all mitigation measures required by Environmental Impact Report No. 95-01, and the method of monitoring those impacts.

Section 17. Marblehead Coastal Specific Plan, Section 402, Circulation Phasing, is amended to be retitled as Section 402, “Public Improvements”, and is rewritten in its entirely as follows:

Each year, the City Council adopts an update of the Capital Improvement Program (CIP) with a budget.

The CIP includes public construction projects and purchases of land, equipment, and contract services. The City utilizes “master plans” to guide the development and maintenance of existing public infrastructure, as well as future capital improvements. The plans provide a foundation for the development of goals and priorities for public capital improvement projects. The list of master plans includes:
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 Centennial General Plan
 Local Coastal Program
 Climate Action Plan
 Bicycle and Pedestrian Master Plan
 Master Plan for City Facilities
 Park & Recreation Master Plan
 Regional Circulation Financing and Phasing Program (RCFPP)  Street Improvement Program
 Water Master Plan
 Drainage Master Plan
 Wastewater (Sewer) Master Plan
 Water and Sewer Asset Management Plan
 Recycled Water Master Plan
 Urban Runoff Management Plan
Through a public review process, these plans are developed to provide goals and policies for achieving San Clemente’s vision. The plans guide growth and development, including decisions on the maintenance and development of public infrastructure. The plans demonstrate the City’s commitment to long-range capital improvement programming by focusing attention on the current and future needs of the community, while balancing the community’s needs with its available fiscal resources. The CIP Committee, consisting of members from all City departments, annually prepares and updates a capital improvement plan. Projects are reviewed by the CIP Committee to ensure that the City’s priorities are addressed and that staffing levels and funds are adequate to complete the projects. Capital Improvement Program projects are based on the following four categories:
 Replacement. Existing improvements that are deteriorated and need to be replaced and/or upgraded to continue to provide service and to meet current codes and regulations.  Expansion. New improvements that are growth-related and funded through development fees. These improvements are identified in master plans and/or agreements, and funding sources are in place.  Growth. New improvements based on projected development. These projects are “development dependent”, and the funding source is through future development fees and/or financing by developers.  Economic Vitality and Diversity. This includes construction of improvements for promotion of economic vitality and diversity and to eliminate and prevent the spread of blight and deterioration in the City.

Section 18. Marblehead Coastal Specific Plan, Section 403, Bikeway and Trail Phasing, amends the second paragraph as follows:

As conditioned, tThe Marblehead Canyon multi-purpose recreation trail will bewas completed prior to occupancy of the first residential dwelling unit. Recreation trail easements for trails outside of the public right-of-way shall be offered for dedication to the City and maintained by the developer until responsibility is assumed by the City or a master property owner association.

Section 19. Marblehead Coastal Specific Plan, Section 404, Infrastructure Improvements, is amended and reads in its entirety as follows:

Developers of property within the Marbleh Head Coastal area will construct required infrastructure improvements, such as streets, water lines, bikeways, trails, sewers, storm drains, etc., in conjunction with their projects. Developers should consult with the City’s Public Works and Utilities Departments to determine if utility infrastructure improvements are necessary and required to allow a project. Public 546
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improvements must be permitted and completed according to engineering design standards, the Municipal Code, and State and Regional regulations.

Section 22. Marblehead Coastal Specific Plan, Section 501 (IV), Accessory Uses and Structures Permitted, is amended to add Accessory Dwelling Units (ADUs) as a permitted accessory use to Residential Low zoning districts and that accessory uses interpreted to be normally incidental to a permitted primary or conditionally permitted use are permitted subject to review procedures in Chapter 6, Administration.

17.56, Coastal Zone Overlay District, for coastal bluff and shoreline standards for rear yard setbacks in Residential Low zoning districts, and reads as follows:

I. Minimum Rear Setback for Lots Adjacent to Canyons - See City’s Zoning Ordinance for coastal bluff and shoreline standards. The minimum rear setback shall be 20 feet (measured from top of slope to building) for structures on lots adjacent to Canyons, or whereWhere noted on “Precise Fuel Management Plan, a 20 foot combustible free zone shall be maintained (See Exhibit 5-1).

Patio slabs, decks, swimming pools, and/or other accessory uses and structures may encroach into this 20 foot setback area up to 5 feet of the property line, provided they are in compliance with the Zoning Ordinance provisions for such improvements, the recommendations of City approved geotechnical reports, and if over 72 inches in height must be located outside the 10 foot corner triangle restricted zones (see Exhibit 5-1). 547
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TABLE 5-1

DEVELOPMENT STANDARDS FOR CONVENTIONAL SUBDIVISIONS

STANDARD RL
Minimum Side Setback from Interior Property Line 5 feet Minimum Rear Setback from Canyons See SCMC 17.56, Coastal Zone Overlay district; for coastal bluff, and shoreline standards for setbacks20
feet ***
* Site coverage includes any lot area covered by a solid roof (thru, for example, patio covers with spaces between roof slats shall be exempt from this lot coverage limitation). ** Where garages are less than 20 feet from the private street, automatic garage door openers are required. Sectional roll-up garage doors are required.
*** If permitted by standards provided in the City’s Coastal Land Use Plan or Implementation Plan, Ppatio slabs, decks, swimming pools and/or other accessory uses and structures may encroach to within 5 feet of the property line, and if over 72 inches in height must be located outside the 10 foot corner triangle restricted zones (see Exhibit 5-1). Where rear yards abut a project fuel modification zone (measured from property line to building) a 20’ combustible free zone shall be maintained.
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Section 24. Marblehead Coastal Specific Plan, Section 506, General Open Space Standards (OS3), is removed in its entirety.

Section 25. Marblehead Coastal Specific Plan, Section 407, Future Conditions of Approval, is amended to add the following as a last paragraph:

Section 26. Marblehead Coastal Specific Plan, Chapter 6, Development Review and Applications, is amended in its entirety to read as follows:

DEVELOPMENT REVIEW AND APPLICATIONS
601 Legal Authority
602 Development Review Procedures
6032 Amendments to the Specific Plan
604 Enforcement
605 Severability
602 Legal Authority
This Specific Plan has been prepared and adopted pursuant to Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 of the California Government Code. The California Government Code authorizes Cities such as San Clemente, to adopt Specific Plans as a more comprehensive method of implementing the General Plan. The Specific Plan bridges the gap between the goals and policies of the General Plan and the site-specific criteria of a tentative tract map or site plan. This Marblehead Coastal Specific Plan is a regulatory plan constituting the zoning for the property. Development Plans or Agreements, Tract or Parcel Maps, and any action requiring discretionary or ministerial approval by the City shall be consistent with this Specific Plan as adopted by City Council.

The City shall have the authority to enforce this Specific Plan according to state law and the Municipal Code, including but not limited to general permit procedures for appeals, concurrent review of multiple applications, public notification requirements, time extensions, revocations, modifications, etc. In any instance where this Specific Plan has a requirement that differs from the Zoning Ordinance, Specific Plan provisions take precedence. Where the Specific Plan is silent on an issue, the requirements of the Municipal Code shall apply.
602 Development Review Procedures
I. PURPOSE AND APPLICABILITY
The purpose of Section 601 is to specify the steps required toThis Section describes procedures for the City review and permitting of projects obtain City approval for new and supplemental development applications within the Marblehead Coastal Specific Plan area. Projects include but are not limited to, requests to establish certain land uses, develop and subdivide property, modify existing development, and install signage. The City reviews and processes proposals according to State law, the Municipal Code and the Local Coastal Program, including this Specific Plan. All private development proposals within this Specific Plan area shall be reviewed and processed in accordance with the provisions of this Chapter and the Zoning Ordinance, following an initial 550
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screening by the Community Development Department. Upon a determination by the City Planner, some of the development review phases in this Section may be carried out concurrently. Except for the 51.5-acre Regional Commercial (RC1) site, when Site Plan Permits and other applications are processed concurrent with Tentative Maps, the approving body (i.e. City Council or Planning Commission) shall be the approving body stated in the Subdivision Ordinance for Tentative Map approval.

II. For the 51.5 acre Regional Serving Commercial (RC1 site) a comprehensive Site Plan shall be reviewed by the Planning Commission and approved by the City Council prior to any development in this area. The comprehensive Site Plan Permit shall incorporate applicable provisions as contained within the Chapter 3 Design Guidelines and the Chapter 5 Development Standards of the Specific Plan. The approved site plan shall require that each construction phase of the factory outlet or entertainment complexes include all buildings that define the accompanying pedestrian spaces. Further, pedestrian plazas, enriched paving surfaces and mall furniture be developed with each phase of development.

III.II. ENVIRONMENTAL REVIEW
All applications for discretionary review and approval shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines and City procedures.

The City may impose specific conditions on Tentative Maps in addition to the requirements of this Specific Plan..

IV. SITE PLAN PERMITS
All applications for new development within the Marblehead Coastal Specific Plan, except for custom homes on individual lots, shall be subject to approval of a Site Plan Permit in accordance with the Zoning Ordinance. The purpose of the Site Plan Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Site Plan Permits Section of the Zoning Ordinance. The City may impose specific conditions on Site Plan Permits in addition to the requirements of this Specific Plan. Applications for anything other 551
EXHIBIT 5
than new development shall be reviewed and processed in accordance with the Zoning Ordinance requirements for Site Plan Permits or Minor Site Plan Permits as determined by the Zoning Ordinance. Residential Site Plan (AM SPP 97-16) and Commercial Site Plan (AM SPP 99-16) have been approved.

17.04.040, the review authority shall find the interpretation is consistent with LUP land use policies.

VIII. ARCHITECTURAL PERMITS

ARCHITECTURAL PERMITS
All applications for development within the Marblehead Coastal Specific Plan shall be subject to the requirements of approval of an Architectural Permit in accordance with the Zoning Ordinance.

The purpose of the Architectural Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Architectural Permits Section of the Zoning Ordinance. The City may impose specific conditions on Architectural Permits in addition to the requirements of this Specific Plan.

IX. SITE PLAN PERMITS
All applications for new development within the Marblehead Coastal Specific Plan, except for custom homes on individual lots, shall be subject to the requirements of a Site Plan Permit in accordance with the Zoning Ordinance. The purpose of the Site Plan Permit is to implement both the Design Guidelines in Chapter 3 of this Specific Plan, as well as the Purpose and Intent stated in the Site Plan Permits Section of the Zoning Ordinance. The City may impose specific conditions on Site Plan Permits in addition to the requirements of this Specific Plan. Applications for anything other than new development shall be reviewed and processed in accordance with the Zoning Ordinance requirements for Site Plan Permits or Minor Site Plan Permits as determined by the Zoning Ordinance.
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For the 51.5 acre Regional Serving Commercial (RC) site a comprehensive Site Plan shall be reviewed by the Planning Commission and approved by the City Council prior to any development in this area. The comprehensive Site Plan Permit shall incorporate applicable provisions as contained within the Chapter 3 Design Guidelines and the Chapter 5 Development Standards of the Specific Plan. The approved site plan shall require that each construction phase of the factory outlet or entertainment complexes include all buildings that define the accompanying pedestrian spaces.

Further, pedestrian plazas, enriched paving surfaces and mall furniture be developed with each phase of development.

VI. RESIDENTIAL GROWTH MANAGEMENT
Prior to issuance of building permits for new residential development projects with 5 or more dwelling units, Residential Allocations shall be granted by the Residential Development Evaluation Board (RDEB) in accordance with the City’s Growth Management Ordinance, Measure B, Chapter 38 of the Municipal Code. No allocations for residential development shall be granted until a Tentative Tract Map and Site Plan Permit is approved by the City. On June 16th, 1999, the City Council awarded 180 RDEB allocations; on April 5th, 2000, the City Council awarded 100 RDEB allocations and on April 4th, 2001, the City Council awarded 105 RDEB allocations for a total of 385 RDEB allocations to Marblehead Coastal (Agenda Report for Marblehead RDEB Reallocations and Re-certifications, San Clemente City Council Meeting, July 20th, 2004).

VII. COASTAL DEVELOPMENT PERMITS
The property owner has processed (pre-project) several Coastal Development Permits (CDP s) for other approvals on the property, such as for Emergency Bluff Stabilization and the Dudleya Reserve. Upon approval of the Marblehead Coastal General Plan Amendment 96-01, Specific Plan 95-02, Tentative Tract No. 8817 and Site Plans 97-16 and 97-17, the project will apply for a Coastal Development Permit directly from the Coastal Commission. Coastal Development Permit 5-03- 013 as amended was issued on March 27, 2006 and special conditions apply to the property.

Applications for new development within the coastal zone shall be reviewed by the City Planner and processed in accordance with Zoning Ordinance requirements of Chapter 7, Coastal Development Permits Review Process.

XVIII. SIGNS
Sign applications shall be processed in accordance with the City’s Sign Ordinance and the Sign Program for the site.

IXI. OTHER APPLICATIONS
All other permits not identified by this Specific Plan shall be processed according to the Zoning Ordinance, including but not limited to, Conditional Use Permits, Variances, and Discretionary Sign Permits.

All other permits not identified by this Specific Plan shall be processed in accordance with the Zoning Ordinance.
6032 Amendments to the Specific Plan
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Amendments to this Specific Plan shall be reviewed and processed in accordance with the Zoning Ordinance, or the Implementation Plan following its certification by the Coastal Commission. If land use policy or map changes are required, a General Plan and Coastal Land Use Plan amendment shall be reviewed according to the Municipal Code. If the City Planner determines that a General Plan Amendment is required, said application shall be reviewed and processed in addition to the Specific Plan Amendment in accordance with the Zoning Ordinance.
604 Enforcement
Amendments to this Specific Plan shall be reviewed and processed in accordance with the Zoning Ordinance. If the City Planner determines that a General Plan Amendment is required, said application shall be reviewed and processed in addition to the Specific Plan Amendment in accordance with the Zoning Ordinance.This Specific Plan promotes orderly development and the zoning for the Marblehead Coastal area. Consistent with the Municipal Code, any violation of the standards and regulations identified in the Specific Plan adopted by the City Council shall be considered a violation of the Zoning Ordinance. 605 Severability
In the event that any plan, diagram, regulation, condition, program, or other portion of this Specific Plan is held invalid by a court of competent jurisdiction, such portion(s) shall be deemed separate, distinct, and independent provisions of the Specific Plan and the invalidity of such provisions shall not affect the validity of the remaining provisions of the Specific Plan.

General Open Space (OS3) Publicly owned open space limited to open space preservation areas, infrastructure, athletic fields and access roads and parking.

Section 28. Marblehead Coastal Specific Plan, Chapter 208, Infrastructure Plan, is amended to make the following changes to the last paragraph and reads as follows:

Natural drainage within Marblehead Coastal primarily flows toward El Camino Real, where it enters a system of storm drain culverts under El Camino Real, which convey the water to the Pacific Ocean.

The off-site area tributary to each drainage course will remain unchanged by this project from its natural condition. The project does include an off-site diversion of first-flush low flow storm drainage to the City’s wastewater treatment plant in order to meet the State requirements of the development’s Water Quality Management Plan., with no off-site diversion of drainage. As each Planning Area develops, new local infrastructure facilities will be developed to tie into the backbone system.

Section 29. Marblehead Coastal Specific Plan, Appendices Title Page, page 98 554
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of document, amended to remove reference to adopted date and first amendment date.

APPENDIX B:

INDEX OF APPLICABLE ZONING ORDINANCE CHAPTERS

1. Antennas Chapter 17.16

2. Conditional Use Permits Chapter 17.16

3. Definitions Chapter 17.88

4. Design Review Chapter 17.16

5. Fences, Walls, Hedges Chapter 17.24

6. Home Occupations Chapter 17.28

7. Minor Exception Permits Chapter 17.16

8. Parking Requirements and Standards Chapter 17.64

9. Porches, Decks, etc. Chapter 17.32

10. RV Storage Chapter 17.64

11. Second Residential Unit Chapter 17.28

12. Site Plan Permits Chapter 17.16

13. Specific Plan Amendments Chapter 17.52

14. Temporary Uses Chapter 17.28

15. Variances Chapter 17.16
Section 31. Marblehead Coastal Specific Plan, Appendix B, List of Invasive and Undesirable Plant Species, is amended to be retitled as Appendix C. 555
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Section 33. Marblehead Coastal Specific Plan, Appendix B, List of Invasive and Undesirable Plant Species, is amended to be retitled as Appendix B, Index of Applicable Zoning Ordinance Chapters, and reads in its entirety as follows:

Section 333. Marblehead Coastal Specific Plan, Appendix C, Conditions of Approval, is amended to be retitled as Appendix D.

Section 35. Marblehead Coastal Specific Plan, Appendix D, is amended to replace “Coastal Development Permit, Permit Application No.: 5-03-013 as amended thru A-3”, dated March 27th, 2006, with the most recent Coastal Development Permit (CDP) amendment, 5-03-013-A10, which includes an appendix for standard and special conditions that apply to the CDP as approved by the Coastal Commission and as modified by all subsequent amendments to the CDP from the original action on the project up to September 9, 2021. Updated Appendix D is provided on the City website at the following link:

Section 36. Marblehead Coastal Specific Plan, Table of Contents, is amended to adjust for changes to Chapter 6 and Appendices sections as shown below:

CHAPTER 6 ............................................................................................................................................6-1 DEVELOPMENT REVIEW AND APPLICATIONS .................................................................6-1 601 Development Review ProceduresLegal Authority .....................................................................6-1 602 Development Review Procedures ..............................................................................................6-1 603 Amendments to the Specific Plan ..............................................................................................6-1 604 Enforcement ...............................................................................................................................6-1

6052 Amendments to the Specific PlanSeverability .........................................................................6-3

APPENDICES
A. Article 8: Specific Plans ......................................................................................................A-1 B. List of Invasive and Undesirable Plant SpeciesIndex of Applicable Zoning Ordinance Chapters ...........................................................................................................................................B-1 B.C. List of Invasive and Undesirable Plan Species………………………………… .. …….…C-1 C.D. Future Conditions of Approval ......................................................................................D-14-9 CONDITIONS OF APPROVAL (Resolution No. 07-56 Approving an Amendment to Specific Plan 95-02 – Resolution No. 03-75 TTM 8817 – Resolution 07-02: Approving Amendment to Site Plan Permit (AM SPP), Residential Development and Custom Lots – Resolution No. 04-61 Amendment to Site Plan Permit (AM SPP) 99-16 Commercial Development – Resolution No. 04-14 Approving Parks and Trails Master Plans – CCC Coastal Development Permit, Application No. 5-03- 013 as amended thru A-3, dated March 27th, 2006)
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Planning Agenda Report

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: August 17, 2021
Department: Community Development, Planning Division
Prepared By: Kyle Webber, Assistant Planner
Subject: INITIATION OF AMENDMENTS TO SPECIFIC PLANS FOR FORSTER RANCH, MARBLEHEAD

COASTAL, MARBLEHEAD INLAND, RANCHO SAN CLEMENTE, AND TALEGA Fiscal Impact: None.

Summary: Staff recommends the City Council initiate amendments to Specific Plans that update the documents to be consistent with the General Plan and Zoning Code as required by State law.

Background: Since adopting the Centennial General Plan in 2014, the City Council has made it a high-priority project in the Strategic Implementation Plan (SIP) to update the City’s planning documents to be consistent and compatible with the General Plan, as required by State law; and to correct errors and clarify language. To-date, completed updates include the Zoning Code, Zoning Map, Coastal Land Use Plan (LUP), and most recently the Pier Bowl Specific Plan.

Discussion: The amendments will update maps, development standards, permitted uses, and other content within Specific Plans for Forster Ranch, Marblehead Coastal, Marblehead Inland, Rancho San Clemente, and Talega. The amendments will: 1) make Specific Plans consistent with the General Plan; 2) correct and clarify clean up items; 3) improve the accuracy and detail of maps using the City’s Geographic Information System (GIS), and 4) meet State and Federal law. Refer to Attachment 1 for examples of amendments that will be considered to address these issues.

Next Steps and Schedule
After City Council initiation, staff will develop proposed amendments and seek public input by holding community meetings with notification to Master Homeowners Associations. For additional input, a televised study session will be held as needed.

The Planning Commission will review the proposed amendments and provide a recommendation to the City Council. The City Council will be the final hearing body for the amendments. The project’s estimated completion date is April 2022.

Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
Finance
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Agenda Report Page 2
Environmental
Review: The initiation of amendments has not environmental impact so this action is exempt from the California Environmental Quality Act (CEQA) under CEQA guidelines Sections 15061(b)(3), the general rule exemption, and Section 13282, the exemption for feasibility and planning studies. An environmental analysis of amendments will be completed during the review process according to CEQA with findings presented to the City Council as part of the decision process.

Recommended
Action: STAFF RECOMMENDS THAT the City Council initiate amendments to Specific Plans for Forster Ranch, Marblehead Coastal, Marblehead Inland, Rancho San Clemente, and Talega as described above.

Attachments: None.

Notification: Not required. Notification will be provided for future hearings. 558
Examples of Amendments
Specific Plan Amendment Initiation (Attachment 1)
ATTACHMENT 1

1. Forster Ranch La Pata Vista Hermosa and La Pata area Land use designations for the Forester Ranch Specific Plan near Vista Hermosa and Avenida La Pata are not consistent with General Plan Land Use Maps. The two images below demonstrate that the Specific Plan designates some parcels as Public that the General Plan designates as Open Space. Furthermore, the boundary lines for the parcels in the Specific Plan map are outdated and do not represent an accurate depiction of existing parcel boundary lines.

Figure 1
Exhibit 1-4 (Forster Ranch Specific Plan) Current Land Use Map (General Plan Legend:

Land Use Designations
Public P
Open Space OS
Neighborhood Commercial NC
Residential Low RL
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Agenda Report Page 2
Specific Plan Amendment Initiation (Attachment 1)

2. Inconsistent Designations and Development Standards
Land use designations and various development standards, such as allowed density, are inconsistent between certain Specific Plans and the General Plan. The following are two examples of necessary changes:
• Parcels within the Rancho San Clemente Specific Plan are zoned Mixed Use (MU) or Residential Medium (RM) where the General Plan designates the same lots as Residential Low (RL).
• Parcels in the Forster Ranch Specific Plan are zoned as Neighborhood Commercial 2 (NC2) where General Plan designates same parcels as Neighborhood Commercial 1.2 (NC 1.2).

3. Correcting the Talega Specific Plan Boundary
The Talega Specific Plan boundary does not align with the City boundary, unlike other Specific Plans along the City’s perimeter. See Figure 2 for a map. The green shaded area is open space between the yellow shaded Talega Specific Plan and the dashed City boundary. To correct this, a proposed amendment would move the Specific Plan boundary to follow the City boundary.

Figure 2
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/6/2022 Agenda Item: C.

Department: Community Development
Prepared By: Sara Toma, AICP, Senior Planner
Subject:

INTRODUCTION OF SIX ORDINANCES OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA AMENDING VARIOUS SECTIONS OF THE SAN CLEMENTE MUNICIPAL CODE TO IMPLEMENT THE CITY’S SIXTH CYCLE HOUSING ELEMENT (PROJECT NO. ZONING AMENDMENT 22-369).

Fiscal Impact:

None.

Summary:

Attachments 1, 2, 3, 4, 5, and 6 are ordinances contemplated by the City’s Sixth Cycle Housing Element regarding the following topics: 1) Density Bonuses and Other Affordable Housing Incentives; 2) Emergency Shelter Parking Requirements, 3) Accessory Dwelling Units and Junior Accessory Dwelling Units, 4) Low Barrier Navigation Centers, 5) Supportive and Transitional Housing, and 6) Residential Care Facilities, respectively. On November 2, 2022, the Planning Commission reviewed and recommended that the City Council adopt the proposed ordinances. Each ordinance: (i) is exempt from and/or not subject to the California Environmental Quality Act (CEQA); (ii) will update the San Clemente Municipal Code to comply with state law; and (iii) implement the City’s Sixth Cycle Housing Element.

Background:

On September 20, 2022, the City Council adopted the revised Sixth Cycle Housing Element and authorized staff to submit the revised plan to the Department of Housing and Community Development (HCD). The revisions included addressing comments from the public and HCD. On October 12, 2022, HCD certified the City’s adopted Housing Element based on the determination that the housing element is in full compliance with State Housing Element Laws.

In accordance with state law, the City’s Sixth Cycle Housing Element (covering 2021 - 2029) identifies various programs the City will pursue to promote opportunities for new housing for all economic levels and those with special needs. Included among these programs are the six zoning ordinances identified above, required pursuant to recent changes in state law. The amendments implement a number of the Housing Element Programs. They are as follows:
· Ordinance No. 1 - Program 4: The City will update its density bonus ordinance to comply with recent changes in State law.
· Ordinance No. 2 - Program 14: Amend the SB 2 Overlay Zone’s parking requirements to comply with AB 1397.
· Ordinance No. 3 - Program 8: An Amendment to comply with recent changes in state ADU CITY OF SAN CLEMENTE Page 1 of 5 Printed on 12/2/2022
powered by Legistar™561
Meeting Date: 12/6/2022 Agenda Item: C.
law, including changes prompted by AB 3182, AB 345, and SB 897. · Ordinance No. 4 - Program 14: The City will amend the Municipal Code to update its Low Barrier Navigation Center regulations to comply with AB 101. · Ordinance No. 5 - Program 14: The City will amend the Municipal Code to comply with recent changes in State housing laws for Supportive and Transitional Housing. · Ordinance No. 6 - Program 14: The City will amend the Municipal Code to comply with recent changes in State housing laws for Residential Care facilities.

For further information see link provided: ([Sixth Cycle Housing Element, at p. HE-115 [Program 14:

Zoning Ordinance Amendments]). <https://www.san-clemente.org/home/showdocument? id=70397&t=637983195829368475>
State law and SCMC section 17.16.040(B) require the Planning Commission to review and make a recommendation to the City Council on proposed zoning code amendments. On November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the proposed ordinances. Following the public hearing, the Planning Commission voted to forward the ordinances to the City Council with a recommendation in favor of their adoption. Attached as Attachment 7 is the Planning Commission’s November 2 agenda packet for these ordinances.

An overview of each ordinance is provided in the following section. Additional detail regarding each ordinance is also provided in Attachment 7’s Planning Commission Agenda Report.

Discussion:

Description & Analysis
Ordinance No. 1: Density Bonuses and other Affordable Housing Incentives Required by State Law.

California density bonus law (Gov. Code § 65915 et seq.) requires a city to grant a developer, at the developer’s request, a density bonus and concessions or incentives for affordable housing projects.

The Legislature has repeatedly amended the state density bonus regulations since 2018. Included in Attachment 1 is an ordinance that will amend SCMC section 17.24.070 by replacing the contents thereof with a provision that incorporates the state density bonus law by reference (the “Density Bonus Ordinance”). Incorporating state density bonus law by reference will ensure the SCMC remains current when future changes in state law occur.

Ordinance No. 2: Emergency Shelter Parking Requirements to Comply with AB. 139. On November 1, 2016, the City Council adopted Ordinance No. 1634, which amended SCMC Chapter

17.56 (Overlay Districts and Standards) to establish a new zoning overlay designation known as the “SB 2 Overlay” zone or district. As required by state law, the City allows emergency shelters within the SB 2 Overlay zone by right so long as each shelter complies with specified operational and development standards (collectively the “Emergency Shelter Standards”). Included in Attachment 2 is an ordinance that amends the Emergency Shelter Standards by requiring shelters to provide parking at a ratio of not less than one space for every employee in the largest shift (the “Emergency Shelter Parking Ordinance”). Adopting this ordinance will align the Emergency Shelter Standards’ parking requirements with AB 139.

Ordinance No. 3: Accessory Dwelling Units and Junior Accessory Dwelling Units.

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In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). The City’s ADU and JADU regulations are codified in SCMC section 17.28.270. Included in Attachment 3 is an ordinance (“ADU Ordinance”) that amends section 17.28.270 to comply with recent changes in state ADU law, including changes prompted by AB 3182 (effective Jan. 1, 2021), AB 345 (effective Jan. 1, 2022), and SB 897 (effective Jan. 1, 2023). The ADU Ordinance also includes staff-initiated revisions intended to augment clarity for the benefit of staff and the general public. Lastly, within Attachment 3 is a redline (for reference purposes only) showing the updated regulations against the City’s existing standards.

Ordinance No. 4: Low Barrier Navigation Centers.

In 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 (“AB 101”).

Among other things, AB 101 requires cities to permit specified “Low Barrier Navigation Centers” by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed. The ordinance included in Attachment 4 will amend the SCMC to permit and regulate Low Barrier Navigation Centers (“LBNCs”) in accordance with AB 101. This ordinance (“LBNC Ordinance”) specifies that qualifying LBNCs will be permitted by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses. Among other things, it also requires LBNCs to:
provide the services mandated by state law; provide specified numbers of qualified on-site managers and attendants; and comply with all objective site, design, and construction standards included in Title 15 (Buildings and Construction) and Title 17 (Zoning) of the SCMC. The LBNC ordinance will sunset (i.e., expire) when the state statute does, which at this time is scheduled for January 1, 2027.

Adopting the LBNC Ordinance will align the SCMC with AB 101.

Ordinance No. 5: Supportive and Transitional Housing.

In recent years, the State of California has preempted local regulation of certain residential uses, including supportive and transitional housing. Included as Attachment 5 is an ordinance that updates the SCMC to comply with state law requirements governing these uses (“Supportive and Transitional Housing Ordinance”). These SCMC amendments are mandated by state law. These changes includes 1) amending section 17.88.030 (Definitions) of the San Clemente Municipal Code for “supportive housing” and “transitional housing” to comply with state law, and 2) adding section

17.28.340 to Chapter 17.28 of the San Clemente Municipal Code to allow supportive housing as a by right use in all zones where multifamily and mixed-uses are permitted, and to be considered a residential use of property, subject to those restrictions that apply to other residential dwellings of the same type in the same zone.

Ordinance No. 6: Residential Care Facilities.

In recent years, the State of California has imposed certain limits on local regulation of stateregulated residential care facilities. In its comments on a prior draft of this Housing Element, the California Department of Housing and Community Development asked the City to consider ways to streamline approval of Residential Care Facilities (RCF) to prevent unnecessary obstacles to fair housing. Included in Attachment 6 is an ordinance that amends SCMC Titles 5 (Business Licenses and Regulations) and 17 (Zoning) to update the City’s regulations governing residential care facilities to create a streamlined administrative approval process in accordance with state law requirements (“RCF Ordinance”).

When required by state or federal law, facilities serving six or fewer will be exempt from the RCF Ordinance and considered a residential use of property and a single-family residential household use CITY OF SAN CLEMENTE Page 3 of 5 Printed on 12/2/2022
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for purposes of Title 17 (Zoning). Other RCFs are required to obtain an administrative operating license that will be subject only to streamlined administrative review. The license requires compliance with objective standards that help ensure the health and safety of the disabled residents of the facility, such as the following: the facility may have no more than two residents per bedroom; an onsite house manager must reside full time on the property; and the operator must have a management plan and emergency and security plan. The RCF Ordinance is contemplated by the City’s Sixth Cycle Housing Element.

Plan and Policy Consistency:

The action is consistent with the General Plan goals and policies as described in the proposed Council Ordinances.

Council Strategy:

Not applicable.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Density Bonus Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to sections 15358, 15305, and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3). The Emergency Shelter Parking Ordinance does not qualify as a “project” under CEQA (State CEQA Guidelines, § 15378(a)) and, in the alternative, is exempt from CEQA pursuant to section 15061(b)(3) of the State CEQA Guidelines. The ADU Ordinance is exempt from CEQA under California Public Resources Code section 21080.17. The LBNC, Supportive and Transitional Housing, and RCF Ordinances are exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

1. Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 17.24.070 OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER AFFORDABLE HOUSING

INCENTIVES REQUIRED BY STATE LAW AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);” and

2. Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF SAN CLEMENTE, CALIFORNIA 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);” and

3. Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 17.28.270 OF THE SAN CLEMENTE

MUNICIPAL CODE GOVERNING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO COMPLY WITH CHANGES IN STATE LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA (CEQA);” and

4. Introduce Ordinance No. __ entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE Page 4 of 5 Printed on 12/2/2022
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4. Introduce Ordinance No. __ entitled “ AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA AMENDING VARIOUS PROVISIONS OF THE SAN

CLEMENTE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE LAW REGARDING

LOW BARRIER NAVIGATION CENTERS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);” and

5. Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA 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 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA);” and

6. Introduce Ordinance No. __ entitled “AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING VARIOUS PROVISIONS OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).” Attachment:

1. Ordinance No. 1: Density Bonuses and other Affordable Housing Incentives

2. Ordinance No. 2: Emergency Shelter Parking Requirements

3. Ordinance No. 3: Accessory Dwelling Units and Junior Accessory Dwelling Units

4. Ordinance No. 4: Low Barrier Navigation Centers

5. Ordinance No. 5: Supportive and Transitional Housing

6. Ordinance No. 6: Residential Care Facilities

7. Planning Commission Staff Report with Attachments
Notification:
1/8 page notice was published in the San Clemente Times CITY OF SAN CLEMENTE Page 5 of 5 Printed on 12/2/2022
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ORDINANCE NO.22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING SECTION

17.24.070 OF THE SAN CLEMENTE MUNICIPAL

CODE REGARDING DENSITY BONUSES AND

OTHER AFFORDABLE HOUSING INCENTIVES

REQUIRED BY STATE LAW AND FINDING THE

ACTION TO BE EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, California’s Density Bonus Law (Gov. Code, § 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderateincome units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and
WHEREAS, Government Code Section 65915 requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law; and WHEREAS, Section 17.24.070 of the San Clemente Municipal Code (“SCMC”) contains the City’s regulations implementing State Density Bonus Law; and WHEREAS, SCMC section 17.24.070 was last amended via Ordinance No. 1652, which was adopted on May 15, 2018; and
WHEREAS, the California Legislature frequently amends the State Density Bonus Law; and
WHEREAS, the City desires to remain in compliance with the requirements of State Density Bonus Law; and
WHEREAS, this ordinance (“Ordinance”) updates SCMC section 17.24.070 by replacing the contents thereof with a provision that incorporates the State Density Bonus Law by reference. As amended by this Ordinance, SCMC section 17.24.070 will provide that density bonuses and other affordable housing incentives required by State law (including but not limited to Government Code section 65915 et seq.) will be available to applicants on the terms and conditions specified in State law; and WHEREAS, incorporating the State Density Bonus Law by reference will ensure that the SCMC remains current whenever the Legislature amends the State Density Bonus Law; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
ATTACHMENT 1
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WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the proposed action is also exempt under CEQA Guidelines Section 15305 as a minor alteration in land-use limitation, as the proposed action does not allow any more density than before; it merely incorporates California’s density-bonus statute and allowances by direct reference to the statute.

Lastly, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to San Clemente Municipal Code section 17.24.070 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with—and effectuates—Policy LU-1.01 by ensuring that qualifying housing projects are afforded the requisite concessions, incentives, and density bonuses required under State law. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of Program 14 from the City’s Sixth Cycle Housing Element 567
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“Housing Action Plan”—which, in relevant part, provides that the City will update its density bonus ordinance to comply with recent changes in State law.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must provide density bonuses and other affordable housing incentives required by state law. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Code Amendment. Section 17.24.070 of Title 17 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“Section 17.24.070 - Density Bonuses and Other Affordable Housing Incentives
A. Purpose. The purpose of this Section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

B. Density Bonus and Affordable Housing Incentives. The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.” SECTION 5. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 7. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
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SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _________ , 2022.

ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk Gene James, Mayor
APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
Joanne Baade, City Clerk
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ORDINANCE NO.22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA 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)
WHEREAS, on November 1, 2016, the City Council of the City of San Clemente (“City”) adopted Ordinance No. 1634; and
WHEREAS, Ordinance No. 1634 amended Chapter 17.56 (Overlay Districts and Standards) of the San Clemente Municipal Code (“SCMC”) to establish a new zoning overlay designation known as the “SB 2 Overlay” zone or district (hereafter referred to as the “SB 2 Overlay Zone”); and
WHEREAS, in accordance with California Senate Bill 2, the City allows emergency shelters within the SB 2 Overlay Zone by right so long as each shelter complies with specified operational and development standards (collectively the “Emergency Shelter Standards”); and
WHEREAS, the Emergency Shelter Standards are codified in SCMC Section

17.56.100. Among other things, they require shelters to provide on-site parking at a ratio of not less than one vehicle space per five beds; and
WHEREAS, on September 26, 2019, the Governor approved California Assembly Bill 139, entitled the “Emergency and Transitional Housing Act of 2019” (“AB 139”); and WHEREAS, following AB 139, cities may require emergency shelters to provide sufficient on-site parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses in the same zone; and WHEREAS, the City’s draft Sixth Cycle Housing Element (covering 2021 – 2029) provides that the City will amend the Emergency Shelter Standards to establish on-site parking requirements based on staffing level only. This ordinance (the “Ordinance) so amends the Emergency Shelter Standards; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
ATTACHMENT 2
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WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely adjusts the on-site parking requirements for emergency shelters to comply with recent changes in State law. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply updates the on-site parking requirements for emergency shelters to comply with State law. The Ordinance will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to San Clemente Municipal Code Section 17.56.100 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with—and effectuates—Policy LU-1.01 by accommodating the development of emergency shelters through reducing the required on-site parking for this use (previously, the on-site parking requirement was one space for every five beds; it’s now based solely on each shelter’s specific staffing needs). 571
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Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will amend the SB 2 Overlay Zone’s parking requirements to comply with AB 139.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing on-site parking requirements for emergency shelters. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Code Amendment. Subsection (D)(5) of Section 17.56.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows (additions shown in underline and deletions shown in strikethrough):
“Parking. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be supplied at a ratio of not less than one space for every employee in the largest shift. On-site parking shall be supplied at a ratio of not less than one vehicle space per five beds. Parking spaces shall be designed to meet City standards. Enclosed, secure bicycle parking shall be provided on-site at the ratio of not less than one bicycle parking space per ten beds.”
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 6. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 7. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 8. Effective Date. This Ordinance shall become effective 30 days after its adoption.
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APPROVED AND ADOPTED this ____ day of _________ , 2022.

ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk Gene James, Mayor
APPROVED AS TO LEGAL FORM:
__________________________________
Scott C. Smith, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:

APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney
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ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA AMENDING SECTION 17.28.270 OF THE

SAN CLEMENTE MUNICIPAL CODE GOVERNING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO

COMPLY WITH CHANGES IN STATE LAW AND FINDING THE ACTION

TO BE EXEMPT FROM CEQA (CEQA)
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills (“2019 ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Assembly Bill 2221 and Senate Bill 897 (“AB 2221” and “SB 897,” respectively); and
WHEREAS, AB 2221 and SB 897 imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and ATTACHMENT 3
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Ordinance No. 22-

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San Clemente City CouncilDecember 6, 2022

San Clemente City Council
December 6, 2022