Agenda packet — San Clemente City Council, December 6, 2022 (part 3 of 4)

2 WHEREAS, the City’s regulations governing ADUs and JADUs are provided in Section 17.28.270 of the San Clemente Municipal Code (“SCMC”); and WHEREAS, the City last updated SCMC Section 17.28.270 via Ordinance No. 1707, which was adopted on February 2, 2021; and
WHEREAS, additional amendments to SCMC Section 17.28.270 are necessary to comply with the above legislation and HCD’s guidance on the same. This ordinance (“Ordinance”) so updates SCMC Section 17.28.270; and
WHEREAS, on October 21, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on November 2, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this 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
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 held 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 by the City’s 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 DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

Section 3. Required Findings. In accordance with subsection (F) of San 575
55452.09135\40582322.2
Ordinance No. 22-

Page 3 ends

3 Clemente Municipal Code section 17.16.040, the Planning Commission hereby makes the following findings:

1. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

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 construction of ADUs and JADUs in the City. 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 Amendments. Section 17.28.270 of the San Clemente Municipal Code is hereby amended to read as set forth in Exhibit “A,” attached hereto and incorporated herein.

Section 5. Effective Date. This Ordinance takes effect 30 days following its adoption.

Section 6. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 910 Calle Negocio, San Clemente, CA 92673. The custodian of these records is the City Clerk.

Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 9. Certification. 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 576
55452.09135\40582322.2
Ordinance No. 22-

Page 4 ends

4 against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

PASSED, APPROVED, AND ADOPTED by the City Council of San Clemente, California, on the _____ day of ___________ 2022.

GENE JAMES, MAYOR
ATTEST:

JOANNE BAADE

CITY CLERK
APPROVED AS TO FORM:

SCOTT C. SMITH

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
577
55452.09135\40582322.2
Ordinance No. 22-

Page 5 ends

5 I, Joanne Baade, City Clerk of the City of San Clemente, do hereby certify that the foregoing Ordinance No. _______ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of ________, 2022, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____ 2022, by the following vote, to wit:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS

JOANNE BAADE

CITY CLERK
578
Exhibit "A"
579
55452.09135\40581161.3

Page 1 of 10 ends

17.28.270 Accessory Dwelling Units
A. Purpose and Intent. The purpose and intent of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) within the City. The regulations in this section are intended to comply with California Government Code §§ 65852.2 and 65852.22, as they may be amended.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code § 18007.

2. “Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

4. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
580
55452.09135\40581161.3

Page 2 of 10 ends

b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection C.4 above.

6. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

8. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. "Public transit" means a location, including, but not limited to, a bus stop or train station or SC Rides, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Permit Procedures. The following approvals apply to ADUs and JADUs under this section:

1. Building-Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the singlefamily dwelling; and 581
55452.09135\40581161.3

Page 3 of 10 ends

iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2 below.
c. Converted on Multifamily Lot: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units.
d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multi-family dwelling if each detached ADU satisfies both of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.

2. ADUs that Require an ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined the Planning Division and approve by the City Council by resolution.

3. Application Process and Timing.
a. An ADU permit application is considered ministerially, without any discretionary review or a hearing.
582
55452.09135\40581161.3

Page 4 of 10 ends

b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

4. Impact and Utility Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above. a. Impact Fees.
i. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection D.4.a, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
583
55452.09135\40581161.3

Page 5 of 10 ends

b. Utility Fees.
i. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
ii. Except as described in subsection D.4.b.i, converted ADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
iii. Except as described in subsection D.4.b.i, all ADUs that are not covered by subsection D.4.b.ii require a new, separate utility connection directly between the ADU and the utility. (a) The connection is subject to a connection fee or
capacity charge that is proportionate to the burden
created by the ADU, based on either the floor area or
the number of drainage-fixture units (DFU) values, as
defined by the Uniform Plumbing Code, upon the water
or sewer system.
(b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing
this service.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that approved under subsections D.1 and D.2 above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone. b. An ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. 584
55452.09135\40581161.3

Page 6 of 10 ends

c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories.
e. For purposes of this subsection E.2, height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot), or from the lot and all of the dwellings (in the case of a multi-family lot).

6. Septic System. If the ADU or JADU will connect to an onsite waste-water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
c. As required by applicable law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. 585
55452.09135\40581161.3

Page 7 of 10 ends

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning Division.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Division, providing evidence that the ADU or JADU has in fact been eliminated. The Planning Division may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Planning Division's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with all applicable legal requirements, including those of the Zoning Code.
e. The deed restriction is enforceable by the Planning Division for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building & Safety.
a. Must comply with building code. Subject to subsection E.9.b below, all ADUs and JADUs must comply with all local building code requirements.
b. No change in occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.9.b 586
55452.09135\40581161.3

Page 8 of 10 ends

prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Development Standards for ADUs that Require an ADU Permit. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1. Passageway. No passageway is required for an ADU.

2. Parking.
a. Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking.
b. No Replacement. When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required be replaced.
c. Exceptions. No parking under subsection F.2.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit stops, as defined in subsection C.10 above. ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is a city-sanctioned, posted car-share pick-up or drop-off location within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.2.c.i through F.2.c.v above.

3. Setbacks. An ADU that is subject to this subsection F must conform to:
a. A 20-foot of the front-yard setback. In addition, the ADU may not be closer than the living area of the primary dwelling to the front property line. This subsection F.3.a is subject to subsection F.4.c below b. Four-foot side- and rear-yard setbacks.
c. A detached ADU must be a minimum of five feet from the primary building, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling. 587
55452.09135\40581161.3

Page 9 of 10 ends

d. No setback if the ADU is constructed in the same location and to the same dimensions as an existing accessory building.

4. Maximum Size.
a. The maximum size of an attached or detached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.4.b, a front setback, or lot coverage limit may require the ADU to be less than 800 square feet.

5. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent lot coverage, subject to F.4.c above.

6. Driveway Access. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access as determined by the fire authority.

7. Architecture Review.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f. Fencing, landscaping, privacy glass, or clerestory windows may be used to provide screening and prevent a direct line of sight to contiguous residential property.

8. Historic Protections. An ADU that is on real property that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-ofway. 588
55452.09135\40581161.3

Page 10 of 10 ends

G. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance (section 17.28.270).
b. Exceptions.
i. Notwithstanding subsection G.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the
structure.
ii. Subsection G.2.a above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.

H. Nonconforming ADUs and JADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this section may be allowed by the City with an Architectural Permit, in accordance with the other provisions of this title. 589
55452.09135\40581161.140581161.3

Page 1 of 813 ends

17.28.270 Accessory Dwelling Units
A. A. Purpose and Intent. The purpose and intent of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) within the City. The regulations in this section are intended to comply with California Government Code §§ 65852.2 and 65852.22, as they may be amended.

B. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. 1. Deemed to exceed the allowable densitybe inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located; .

2. 2. Deemed to be inconsistent with the General Plan and the zoning designationexceed the allowable density for the lot on which the ADU or JADU is located; and.

3. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. 4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code §section 17980.12.

C. C. Definitions. As used in this section, terms are defined as follows:

1. a. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. i. An efficiency unit, as defined by California Health and Safety Code § 17958.1; and
b. ii. A manufactured home, as defined by California Health and Safety Code § 18007.

2. b. "“Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3. c. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

4. d. "Efficiency kitchen" means a kitchen that includes eachall of the following:
a. i. A cooking facility with appliances.
b. ii. A food preparation counter or counters that total at least 15 square feet in areaand storage cabinets that are of a reasonable size in relation to the size of the JADU.

FOR REFERENCE ONLY
590
55452.09135\40581161.140581161.3

Page 2 of 813 ends

iii. Food storage cabinets that total at least 30 square feet of shelf space.

5. e. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. i. IsIt is no more than 500 square feet in size,.
b. ii. IsIt is contained entirely within an existing or proposed singlefamily structure,. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. iii. IncludesIt includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and .
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. iv. IncludesIt includes an efficiency kitchen, as defined in subsection C.dC.4 above.

6. f. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. g. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

8. h. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. i. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. j. "Public transit" means a location, including, but not limited to, a bus stop or train station or SC Rides, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. k. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. D.Permit Procedures.

1. Approvals and Types of ADUs and JADUs. The following approvals apply to ADUs and JADUs under this section:

1. a. ADUs and JADUs that RequireBuilding-Permit Only a Building Permit. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. (1) Converted on Single-family Lot: Except as allowed byOne ADU as described in this subsection D.1 .a(2) below, onlyD.1.a and 591
55452.09135\40581161.140581161.3

Page 3 of 813 ends

one ADU or JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. ii. Has exterior access that is independent of that for the singlefamily dwelling; and iii. iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.; and
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. (2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing singlefamily dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a(1)D.1.a above), if the detached ADU satisfies each of the following limitations:
i. i. The side- and rear-yard setbacks are at least four-feetfour feet.
ii. ii. The total floor area is 800 square feet or smaller. iii. iii. The peak height above grade is 16 feet or lessdoes not exceed the applicable height limit in subsection E.2 below. c. (3) Converted on Multifamily Lot: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings.

Under this subsection D.1.a(3)D.1.c, at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to 25 percent of the existing multi-family dwelling units. d. (4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or proposed multi-family dwelling if each detached ADU satisfies both of the following limitations:
i. i. The side- and rear-yard setbacks are at least four-feet. four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
592
55452.09135\40581161.140581161.3

Page 4 of 813 ends

ii. ii. The peak height above grade is 16 feet or lessdoes not exceed the applicable height limit provided in subsection E.2 below.

2. b. ADUs that Require an ADU Permit.
a. (1) Except as allowed under subsection D.1.aD.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections EE and FF below.
b. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU permit processing fee is determined the Planning Division and approve by the City Council by resolution.

3. 2. Application Process and Timing.
a. a. An ADU permit application shall beis considered ministerially, without any discretionary review or a hearing.
b. b. The City must act onapprove or deny an application to create an ADU or JADU within 60 days from the daydate that the City receives a completecompleted application,. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. (1) The applicant requests a delay, in which case the 60- day time period is tolled for the period of the requested delay, or
ii. (2) When an application to create an ADU or JADU is submitted with a permit application to create a new singlefamily or multifamily dwelling on the lot, the City may delay acting on the ADU permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
593
55452.09135\40581161.140581161.3

Page 5 of 813 ends

b. b. Utility Fees.
i. (1) If an ADU or JADU is constructed with a new singlefamily home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal
connection fee and capacity charge for a new dwelling are required.
ii. (2) Except as described in subsection D.3.b(1)D.4.b.i, converted ADUs and JADUs on a single-family lot that are created under subsection D.1 .a(1)D.1.a above are not
required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
iii. (3) Except as described in subsection D.3.b(1) D.4.b.i, all ADUs and JADUs that are not covered by subsection
D.3.b(2)D.4.b.ii require a new, separate utility connection directly between the ADU or JADU and the utility.
(a) (a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden
created by the ADU or JADU, based on either the floor
area or the number of drainage-fixture units (DFU)
values, as defined by the Uniform Plumbing Code,
upon the water or sewer system.
594
55452.09135\40581161.140581161.3

Page 6 of 813 ends

(b) (b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of
providing this service.

E. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that approved under subsections D.1.aD.1 and D.1.bD.2 above:

1. 1. Zoning.
a. a. An ADU or JADU subject only to a building permit under subsection D.1 .aD.1 above may be created on a lot in a residential or mixed-use zone.
b. b. An ADU subject to an ADU permit under subsection D.1.bD.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.

3. 2. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 595
55452.09135\40581161.140581161.3

Page 7 of 813 ends

4. 3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. 4. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot), or from the lot and all of the dwellings (in the case of a multi-family lot).

6. 5. Septic System. If the ADU or JADU will connect to an onsite watertreatmentwaste-water treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. 6. Owner Occupancy.
a. All ADUs permitted before January 1, 2020 are subject to the owneroccupancy requirement that was in place when the ADU was created. a. b. An ADU that is permitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. c. AllUnless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
c. d. AllAs required by applicable law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.6.dE.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. 7. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Planning Division.

The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. a. TheExcept as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
596
55452.09135\40581161.140581161.3

Page 8 of 813 ends

c. c. The deed restriction runs with the land and may be enforced against future property owners.
d. d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Division, providing evidence that the ADU or JADU has in fact been eliminated. The Planning Division may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Planning Division's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with all applicable legal requirements, including those of the Zoning Code.
e. e. The deed restriction is enforceable by the Planning Division for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

F. F. Development Standards for ADUs that Require an ADU Permit. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1. 1. Passageway. No passageway is required for an ADU.

2. 2. Parking.
597
55452.09135\40581161.140581161.3

Page 9 of 813 ends

a. a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking.
b. b. No Replacement. When a garage, carport, or other covered parking structure is demolished or converted forin conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required be replaced.
c. c. Exceptions. No parking under subsection F.2.a is required in the following situations:
i. (1) The ADU is located within one-half mile walking
distance of public transit stops (bus, rail, or SC Rides), as defined in subsection C.10 above.
ii. (2) The ADU is located within an architecturally and historically significant historic district.
iii. (3) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1 .a(1)D.1.a above.
iv. (4) When on-street parking permits are required but not offered to the occupant of the ADU.
v. (5) When there is a city-sanctioned, posted car-share pickup or drop-off location within one block of the ADU.

3. Height. No ADU subject to this subsection F may exceed 16 feet in height above grade, measured to the peak of the structure.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.2.c.i through F.2.c.v above.

3. 4. Setbacks. An ADU that is subject to this subsection F must conform to:
a. a. A 20-foot of the front-yard setback. In addition, the ADU may not be closer than the living area of the primary dwelling to the front property line. This subsection F.3.a is subject to subsection F.4.c below
b. b. Four-foot side- and rear-yard setbacks.
c. c. A detached ADU shallmust be a minimum of five feet from the primary building, measured from the closest point of the ADU (whether wall, balcony, eave, etc.) to the closest point of the primary dwelling.
d. d. No setback if the ADU is constructed in the same location and to the same dimensions as an existing accessory building. 598
55452.09135\40581161.140581161.3

Page 10 of 813 ends

4. 5. Maximum Size.
a. a. The maximum size of an attached or detached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. No more than two bedrooms are allowed.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
b. The maximum size of a detached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. c. c. Application of other development standards in this subsection F, such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.5.a above or of F.4.b, a front setback, or lot coverage requirementslimit may require the ADU to be less than 800 square feet.

5. 6. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent lot coverage, subject to E.5.cF.4.c above.

6. 7. Driveway Access. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access as determined by the fire authority.

7. 8. Architecture Review.
a. a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, or if located in front, not visible from public-right-of-way.
e. e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, privacy glass, or clerestory windows may be used to provide 599
55452.09135\40581161.140581161.3

Page 11 of 813 ends

screening and prevent a direct line of sight to contiguous residential property.

8. 9. Historic Protections. An ADU that is on real property that has an identified historic resource listed on a federal, state, or local register of historic places must comply with the Secretary of the Interior's objective Standards for the Treatment of Historic Properties, as applicable. An ADU may not be located in front of a historic resource, except when the ADU is created from an existing structure. is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

H. G. Nonconforming ADUs and JADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections AA through FG of this section may be allowed by the City with an Architectural Permit, in accordance with the other provisions of this title. (Ord. No. 1668 , § 2, 3-5-2019; Ord. No. 1707 , § 3, 2-2-2021) 600
55452.09135\40581161.140581161.3

Page 12 of 813 ends

Editor's note(s)—Ord. No. 1668 , § 2, adopted March 5, 2019, repealed § 17.28.270 and enacted a new section as set out herein. Former § 17.28.270 pertained to second residential dwelling units and derived from Ord. No. 1172, § 3(part), adopted in 1996. 601
Summary report:

Litera Compare for Word 11.3.0.46 Document comparison done on 10/19/2022 3:44:12 PM
Style name: Default Style
Intelligent Table Comparison: Active
Original filename: Exhibit A - Updated ADU Ordinance.docx Modified filename: Exhibit A to ADU Ord. - Code Amendments (Oct. 2022).docx
Changes:

Add 281
Delete 183
Move From 0
Move To 0
Table Insert 0
Table Delete 0
Table moves to 0
Table moves from 0
Embedded Graphics (Visio, ChemDraw, Images etc.) 0
Embedded Excel 0
Format changes 0
Total Changes: 464
602
55452.01100\40684760.2
1 ORDINANCE NO. 22-

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)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 (“AB 101”); and
WHEREAS, AB 101 added Article 12 to Chapter 3 of the California Government Code (commencing with section 65660). Among other things, AB 101 requires cities to permit specified Low Barrier Navigation Centers (“LBNCs”) by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed; and WHEREAS, the ordinance amends Title 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations to comply with AB 101; and WHEREAS, on November 2, 2022, the Planning Commission of the City of San Clemente held a duly noticed public hearing on this ordinance, at which time it considered all evidence presented, both oral and written. 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
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 does ordain as follows:

Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

ATTACHMENT 4
603
55452.01100\40684760.2
2 CEQA. The City Council finds that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) 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. Alternatively, the adoption of this ordinance is exempt from CEQA because 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(b)(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 Title 17 of the San Clemente Municipal Code 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 clarifying that LBNCs are permitted by right in specified areas of the City in accordance with state law. 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 Municipal Code to update its LBNC regulations to comply with AB 101.

2. Health, Safety, and Welfare. Adoption of this 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 allow LBNCs. The operational requirements provided in subsection (C) of Section 17.28.345 will protect the health, safety, and welfare of LBNC residents and surrounding uses by ensuring LBNCs satisfy the statutory onsite and operational requirements provided in Government Code section 65660 et seq. as well as specified objective local standards (e.g., ensuring qualified LBNC personnel are onsite, ensuring the number of beds is commensurate with the floor area utilized for sleeping purposes etc.). 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.

Code Amendment. Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to add a definition for “Low Barrier Navigation Center,” which shall read in its entirety as follows:
604
55452.01100\40684760.2
3 “Low Barrier Navigation Center” has the same meaning as in California Government Code section 65660(a), as that section is amended from time to time.

Code Amendment. Section 17.28.345, entitled “Low Barrier Navigation Centers,” is hereby added to Chapter 17.28 (Special Uses) of the San Clemente Municipal Code and shall read in its entirety as follows:
“17.28.345 – Low Barrier Navigation Centers
A. Purpose. The purpose of this section is to comply with California Government Code section 65660 et seq. regarding Low Barrier Navigation Centers (hereafter referred to as “LBNCs,” and each singularly an “LBNC”) B. Allowed Zones. LBNCs that comply with the provisions of subsection (C) below are permitted by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses.

C. Operational and Development Standards. LBNCs must comply with all of the following:

1. Separation. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC.

2. Operational Services. As required by Government Code section 65662, each LBNC must satisfy all of the following:
a. It offers services to connect people to permanent
housing through a services plan that identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to
connect people to permanent housing. “Coordinated
entry system” means a centralized or coordinated
assessment system developed pursuant to section
576.400(d) or section 578.7(a)(8), as applicable, of
Title 24 of the Code of Federal Regulations, as those
sections read on January 1, 2020, and any related
requirements, designed to coordinate program
participant intake, assessment, and referrals.
c. It complies with Chapter 6.5 (commencing with section 8255) of Division 8 of the Welfare and Institutions
Code.
d. It has a system for entering information regarding client stays, client demographics, client income, and exit
605
55452.01100\40684760.2
4 destination through the local Homeless Management
Information System as defined by section 578.3 of Title 24 of the Code of Federal Regulations.

3. On-Site Personnel. Each LBNC must provide both of the following:
a. At least one qualified on-site manager at all times for each 20 occupants; and
b. At least one qualified attendant at all times for each 20 occupants.

4. Floor Area; Beds. The maximum number of beds per LBNC may not exceed one bed for every 50 square feet of floor area used for sleeping purposes.

5. Objective Development Standards. Low Barrier Navigation Centers must comply with all objective site, design, and construction standards included in Title 15 (Buildings and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of this Code as well as any objective design guidelines included in applicable specific plans or otherwise adopted by the City Council.

D. Ministerial Review; Application Procedures. LBNC applications will be reviewed and processed ministerially—without discretionary review or a hearing—in accordance with the timelines set forth in Government Code section 65664, as it may be amended from time to time.

E. Sunset.

1. Subject to subsection (E)(2) below, this section shall remain in effect until January 1, 2027, and as of that date is repealed.

2. If the Legislature amends Government Code section 65668 to extend the effective date of Government Code section 65660 et seq., then this section shall remain in effect until the date on which Government Code section 65660 et seq. is repealed.”
Certification. 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.

Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s 606
55452.01100\40684760.2
5 findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

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.

Effective Date. This ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this _____ day of _____, 2022.

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

APPROVED AS TO LEGAL FORM
_______________________________
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 __________ __, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of __________, 2022, and said ordinance was adopted by the following vote:

AYES:

NOES:
607
55452.01100\40684760.2
6 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 __________, 2022. __________________________
CITY CLERK of the City of
San Clemente, California
608
55452.09135\40684288.1
-1-
ORDINANCE NO. 22-

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)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has preempted local regulation of certain residential uses, including supportive housing and transitional housing; and WHEREAS, state law defines “supportive housing” as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community; and
WHEREAS, state law defines “transitional housing” as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance; and
WHEREAS, state law requires cities to permit supportive housing as a use by right in zones where multifamily and mixed-uses are permitted if the proposed housing development meets specified statutory requirements (e.g., development size, affordability restrictions, specified percentage of floor area devoted to onsite supportive services); and WHEREAS, state law also requires cities to treat transitional housing and supportive housing as residential uses subject to the restrictions that apply to other residential dwellings of the same type in the same zone; and WHEREAS, the ordinance (“Ordinance”) amends Title 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations governing supportive and transitional housing to comply with the above state law requirements; 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 5
609
55452.09135\40684288.1
-2-
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 adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Alternatively, the adoption of this Ordinance is exempt from CEQA because 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(b)(3).)
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 Title 17 of the San Clemente Municipal Code 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 clarifying that supportive housing and transitional housing are permitted by right in specified areas of the City in accordance with State law. 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 Municipal Code to comply with recent changes in State housing laws.

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 610
55452.09135\40684288.1
-3-
Clemente Municipal Code to comply with state law requirements governing the instances where the City must permit supportive and transitional housing. 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. The definition for “supportive housing” provided in Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“Supportive housing" has the same meaning as in California Government Code Section 65650(a), as that section is amended from time to time.as defined by Government Code Sections 65582(g). Supportive housing may take various forms. See, e.g., "Single housekeeping unit," and "Short-term lodging unit," "Boarding house."
SECTION 5. Code Amendment. The definition for “transitional housing” provided in Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“Transitional housing” as defined by has the same meaning as in California Government Code Sections 65582(j)(i). Transitional housing may take various forms. See, e.g., "Single housekeeping unit" and "Boarding house." SECTION 6. Code Amendment. Section 17.28.340 is hereby added to Chapter

17.28 of the San Clemente Municipal Code and shall read in its entirety as follows:
“Section 17.28.340 - Supportive and Transitional Housing A. Supportive housing is a use by right in all zones where multifamily and mixed uses are permitted in accordance with Government Code Title 7, Division 1, Chapter 3, Article 11 (commencing with Section 65650). No minimum parking requirement is imposed on supportive housing under this paragraph that is within one-half mile of a public transit stop.

B. Transitional housing and supportive housing are each considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).” SECTION 7. 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 611
55452.09135\40684288.1
-4-
and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 8. 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 9. 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 10. 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 LEGAL FORM:
__________________________________
Scott C. 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:
612
55452.09135\40684288.1
-5-
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
APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney
613
55452.09135\40769905.2
-1-
ORDINANCE NO. 22-

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)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has limited local regulation of certain residential uses, including various types of state-regulated residential care facilities; and
WHEREAS, the ordinance (“Ordinance”) amends Titles 5 and 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations governing residential care facilities to create a streamlined approval process for these uses and comply with state law requirements; 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
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 adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections ATTACHMENT 6
614
55452.09135\40769905.2
-2-
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Alternatively, the adoption of this Ordinance is exempt from CEQA because 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(b)(3).)
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 Title 17 of the San Clemente Municipal Code 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 clarifying that residential care facilities are permitted in in accordance with state law. 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 review state law requirements governing residential care facilities and process any necessary SCMC amendments to ensure compliance with the same.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the SCMC to comply with state law requirements governing residential care facilities.

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, or welfare.

For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, or welfare.

SECTION 4. Code Amendment. The definition of “boarding house” in Section

17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to make this term one word (instead of two) that reads as follows: “boardinghouse.” All remaining provisions of this definition are unchanged by this Ordinance.

SECTION 5. Code Amendment. The definition for “residential care facility” in Section 17.88.030 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“Residential Care Facility” means an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled– nursing, as defined by California Health and Safety Code section 1250; a community care facility, as defined by California Health and Safety Code section 615
55452.09135\40769905.2
-3-
1502; a residential care facility for the elderly, as defined by California Health and Safety Code section 1569.2; a residential care facility for persons with chronic lifethreatening illness, as defined by California Health and Safety Code section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code section 1760.2; a congregate living health facility, as defined by California Health and Safety Code section 1250; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code section 5116.”
SECTION 6. Code Amendment. The entry for “boarding housing” in Table

17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby amended to make this term one word (instead of two) that reads as follows:
“boardinghouse.”
SECTION 7. Code Amendment. A new note 22 is hereby added to the two rightmost columns within the row for “boardinghouse” in Table 17.32.030 of Section

17.32.030 of the San Clemente Municipal Code. The new note 22 shall read in its entirety as follows:
“22. But if the boardinghouse is a Residential Care Facility (as defined by Section 17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval).”
SECTION 8. Code Amendment. The entry for “boarding house” in Table

17.40.030 of Section 17.40.030 of the San Clemente Municipal Code is hereby amended to make this term on word (instead of two) that reads as follows:
“boardinghouse.”
SECTION 9. Code Amendment. A new footnote number 31 is hereby added to the rightmost column within the row for “boardinghouse” in Table 17.40.030 of Section 17.40.030 of the San Clemente Municipal Code. The new footnote 31 shall read in its entirety as follows:
“31. But if the boardinghouse is a Residential Care Facility (as defined by Section 17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval).”
SECTION 10. Code Amendment. Title 5 (Business Licenses and Regulations) of the San Clemente Municipal Code is hereby amended to add a new Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval), to read in its entirety as follows:
616
55452.09135\40769905.2
-4-
“Chapter 5.38 - Residential Care Facility Boardinghouse Streamlined Administrative Approval”
Section 5.38.010 – Streamlined Administrative Approval
A. Definitions. For purposes of this Section 5.38.010, the terms “boardinghouse” and “Residential Care Facility” have the same meaning as provided in Section 17.88.030.

B. Applicability. When required by state or federal law, a Residential Care Facility serving six or fewer persons is:

1. Exempt from this chapter; and

2. Considered a residential use of property and a single family for purposes of Title 17 of this Code.

C. License Required. A boardinghouse that is a Residential Care Facility and that is subject to this chapter requires an administrative operating license issued by the City to operate.

D. Streamlined Ministerial Approval. An application for an administrative operating license is subject only to streamlined administrative review and will be approved if it satisfies each of the following:

1. Maximum Occupancy. No more than two residents reside in each bedroom, not including the room or apartment designated for an onsite house manager.

2. Management. The operator provides an onsite house manager that resides full-time (year-round) in a room or apartment on the property.

3. Management Plan. The City has approved a property management plan for the facility that addresses each of the following: onsite management; maximum occupancy; quiet hours and permitted guest visitation hours; loitering, littering, and disturbing the peace; nuisance reduction; trash collection; smoking; resident pick-up and drop-off procedures; and discharge. City approval is required for any change.

4. Emergency and Security Plan. The City has approved an emergency and security plan that addresses each of the following:
security- and management-contact information; authority and responsibility of security staff; a map of the property; an overview of the property’s security features; security-feature testing schedule; overnight-parking policies and vehicle violationabatement procedures; emergency medical response protocols; 617
55452.09135\40769905.2
-5-
emergency law enforcement response protocols; and daytime and nighttime security-monitoring procedures. City approval is required for any change.

E. Application Review.

1. Administration. The City may create any form, document, online portal, telephone hotline, or other method to facilitate streamlined administrative submittal of applications under this chapter.

2. Review; Timing; Issuance.
a. Applications are reviewed by the Community Development Director or the Director’s designee.
b. A written decision will be issued within 30 calendar days of the City’s receipt of a complete application. The decision will be sent to the applicant by first-class mail with return receipt requested.
c. An application will be approved and a license will be issued if the application fully complies with the provisions of this Chapter.

3. Appeals. Notwithstanding any other provision of this Code, the City’s decision is final unless appealed within 10 business days of the date that the applicant receives the decision in the mail. An appeal will be scheduled to be heard by a hearing officer within 30 calendar days from the date that the City receives the notice of appeal. The decision of the hearing office is final and will be mailed by first-class mail to the applicant with return receipt requested.

F. Modifications or Revocation.

1. An administrative operating license may be revoked when the application contained incorrect, false, or misleading information; or the operator violates the management plan or emergency and security plan; or if three or more nuisance citations are issued at the property within a 30-day period.

2. Before revoking an operating license, a good faith effort to meet and confer with the operator will be made to resolve any of issues identified in subsection (F)(1) above.

3. The operator will be notified of any revocation by first-class mail with return receipt requested. The operator may appeal the revocation in accordance with subsection (E)(3) above.
618
55452.09135\40769905.2
-6-
SECTION 11. Code Amendment. Section 5.04.090 (Permits, etc. required for certain businesses) of the San Clemente Municipal Code is hereby amended to add a new subsection (E), to read in its entirety as follows:
“E. Unless it is exempt under Section 5.38.010(B), a boardinghouse that is a Residential Care Facility (as those terms are defined by Section 17.88.030) must obtain an operating license issued in accordance with Chapter 5.38.” SECTION 12. Code Amendment. The row for “Residential Care Facilities, when licensed to serve six or fewer persons” in Table 17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby deleted in its entirety.

SECTION 13. Publication. The City Clerk will 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 14. 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 15. 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 16. Effective Date. This Ordinance takes effect 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _________ , 2022.

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:

STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: November 2, 2022
PLANNER: Sara Toma, AICP, Senior Planner
SUBJECT: Zoning Amendment 22-369 – Zoning Ordinances Implementing the City’s Sixth Cycle Housing Element, specifically: (1) an ordinance amending SCMC section 17.24.070 regarding density bonuses and other affordable housing incentives required by state law; (2) an ordinance amending SCMC section 17.56.100 to comply with AB 139 regarding parking requirements for emergency shelters; (3) an ordinance updating SCMC section 17.28.270 regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in state law; (4) an ordinance amending various sections of the SCMC to ensure consistency with state law regarding low barrier navigation centers; (5) an ordinance amending various provisions of the SCMC to ensure consistency with state law regarding supportive and transitional housing; and (6) an ordinance amending various provisions of the SCMC regarding residential care facilities. Each ordinance is not subject to and/or exempt from the California Environmental Quality Act for the reasons provided therein.

REQUIRED FINDINGS
The San Clemente Municipal Code (“SCMC”) contains two required findings for zoning code amendments, which are: (1) the proposed amendment is consistent with the General Plan; and (2) the proposed amendment will not adversely affect the public health, safety, and welfare (SCMC, § 17.16.040(F)(1)(a)-(b)). Each attached ordinance and resolution makes these findings.

BACKGROUND
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. (see Sixth Cycle Housing Element, at p. HE-115 [Program 14: Zoning Ordinance Amendments]). 1 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. 1 The City’s Sixth Cycle Housing Element is available at the following location:
https://www.san-clemente.org/home/showdocument?id=70397&t=637983195829368475 ATTACHMENT 7
621
Zoning Amendment 22-369 Page 2
For the reasons provided below, staffs’ recommendation is for the Planning Commission to recommend that the City Council adopt the attached ordinances. An overview of each ordinance is provided in the following section.

DESCRIPTION & ANALYSIS
Ordinance No. 1: Density Bonuses and other 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. (Gov. Code, § 65915(b)(1)) A density bonus means an increase, by a certain percentage, of the number of housing units that may be built for the site (Gov. Code, § 65915(f)). A concession or incentive means a modification of zoning code standard for the site, such as reduced setbacks, a reduced parking requirement, or allowance of mixed-use zoning (Gov. Code, § 65915(k)). The degree of density bonus and number of concessions or incentives is based on the number of affordable units in the project (by percentage of all units in the project) and the level of affordability (i.e., for very low income, lower-income, moderate-income, senior housing, etc.).

The City’s regulations governing density bonuses and affordable housing incentives are provided in SCMC section 17.24.070. This code section was last amended via Ordinance No. 1652, which was adopted on May 15, 2018. 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”). Upon adoption of this ordinance, SCMC section 17.24.070 will read 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.” Incorporating state density bonus law by reference will ensure the SCMC remains current when future changes in state law occur. For these reasons, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the Density Bonus Ordinance.
622
Zoning Amendment 22-369 Page 3
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”). State law defines an emergency shelter as “…housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person” (Health & Safety Code, § 50801(e); Gov. Code, § 65582(d)).

The City’s 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. Following Assembly Bill 139 (which was approved by the Governor on September 26, 2019), 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.

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.

For these reasons, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the Emergency Shelter Parking Ordinance.

Ordinance No. 3: Accessory Dwelling Units and Junior Accessory Dwelling Units 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”). These bills include Assembly Bills 68 and 881 and Senate Bill 13—which went into effect on January 1, 2020.

The City Council previously adopted Ordinance No. 1707 to comply with this legislation.

Following the bills noted above, in 2020 and 2021 the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”) and Assembly Bill 345 (“AB 345”). Among other things, AB 3182, expanded the scenarios under which the City must allow certain ADUs and JADUs with only a building permit. AB 345 required 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.
623
Zoning Amendment 22-369 Page 4
In September 2022, the Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”).2 SB 897 further amends the state ADU and JADU statutes to impose additional limitations on local regulation of ADUs and JADUs.3 Among other things, SB 897:
• Requires the City to allow certain ADUs to be higher—up to 18 or 25 feet, depending the situation;
• Requires the City’s front setback requirement to yield for certain ADUs; • Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; • Removes the automatic repeal in 2025 (now the ADU statute is permanent); • Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU; and
• In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.

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 AB 3182, AB 345, and SB 897. The ADU Ordinance also includes staffinitiated 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) that shows the updated regulations against the City’s existing standards. Given the foregoing, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the ADU Ordinance.

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 2 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant. 3 Government Code, §§ 65852.2 (ADUs), 65852.22 (JADUs)
624
Zoning Amendment 22-369 Page 5
Navigation Centers” by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed. Under state law:
“Low Barrier Navigation Center” means a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.” (Government Code section 65660(a)).

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. For these reasons, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the LBNC Ordinance.

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. State law defines these uses as follows:
• “Supportive housing” as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Government Code Section 65650(a)).
625
Zoning Amendment 22-369 Page 6
• “Transitional housing” as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance. (Government Code Sections 65582(j)).

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”). Specifically, the ordinance:
• Updates the zoning code’s definitions for “supportive housing” and “transitional housing” to match how those terms are defined under state law (above). • Specifies that “supportive housing” and “transitional housing” are considered residential uses of property and subject to those restrictions that apply to other residential dwellings of the same type and in the same zone. • Clarifies that “supportive housing” is a use by right in all zones where multifamily and mixed uses are permitted.

These SCMC amendments are mandated by state law. Consequently, staff recommends that the Planning Commission consider and recommend that the City Council adopt the Supportive and Transitional Housing Ordinance.

Ordinance No. 6: Residential Care Facilities
In recent years, the State of California has imposed certain limits on local regulation of state-regulated 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 Title 17 (Zoning) to update the City’s regulations to create a streamlined administrative approval process for residential care facilities (“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 for purposes of Title 17 (Zoning).

Other RCFs will be required to obtain an administrative operating license, subject only to streamlined administrative review. Pursuant to a forthcoming amendment to Title 5 (Business Licenses and Regulations) to be considered by the City Council. The license will require compliance with objective standards that help ensure the health and safety of the disabled residents of the facility. The Residential Care Facility (RCF) Ordinance is 626
Zoning Amendment 22-369 Page 7
contemplated by the City’s Sixth Cycle Housing Element. As such, staffs’ recommendation is for the Planning Commission to consider and recommend that the City Council adopt the RCF Ordinance.

Noticing
Public notices for these ordinances were distributed and posted per City and State requirements. Staff has not received any public comments on these items to-date.

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 Accessory Dwelling Unit (ADU) Ordinance is exempt from CEQA under California Public Resources Code section 21080.17. The Low Barrier Navigation Centers (LBNC), Supportive and Transitional Housing, and Residential Care Facility Ordinances are exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.

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

1. Recommend City Council approval of the proposed ordinances;

2. Recommend City Council approval of the proposed ordinances with changes; or

3. Recommend City Council denial of the proposed ordinances. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution to be prepared.

RECOMMENDATION
Staff recommends that the Planning Commission:

Adopt the resolutions provided in Attachments 1, 2, 3, 4, 5, and 6, which:

1. Recommend that the City Council adopt the Density Bonus, Emergency Shelter Parking, Accessory Dwelling Unit, Low Barrier Navigation Center, Supportive and Transitional Housing, and Residential Care Facility Ordinances, respectively; and

2. Make the requisite CEQA findings set forth therein.
627
Zoning Amendment 22-369 Page 8
Attachments:

1. Resolution No. PC 22-025 for the Density Bonus Ordinance • The Density Bonus Ordinance is provided as Exhibit “A” to Resolution No. PC 22-025

2. Resolution No. PC 22-026 for the Emergency Shelter Parking Ordinance • The Emergency Shelter Parking Ordinance is Exhibit “A” to Resolution No. PC 22-026

3. Resolution No. PC 22-027 for the ADU Ordinance
• The ADU Ordinance is Exhibit “A” to Resolution No. PC 22-027

4. Resolution No. PC 22-028 for the LBNC Ordinance
• The LBNC Ordinance is Exhibit “A” to Resolution No. PC 22-028

5. Resolution No. PC 22-029 for the Supportive and Transitional Housing Ordinance • The Supportive and Transitional Housing Ordinance is Exhibit “A” to Resolution No. PC 22-029

6. Resolution No. PC 22-030 for the RCF Ordinance
• The RCF Ordinance is Exhibit “A” to Resolution No. PC 22-030 628
RESOLUTION NO. PC 22-025

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 17.24.070 OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING DENSITY BONUSES AND

OTHER AFFORDABLE HOUSING INCENTIVES AND

FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
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 ordinance ("Ordinance") attached as Exhibit "A" updates SCMC section 17 .24.070 to comply with changes in state law that have occurred since 2018; 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; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

SECTION 1. Incorporation of Recitals. The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

SECTION 2. CEQA. The Planning Commission 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 Attachment 1
629
630
631
Resolution No. PC 22-025 EXHIBIT A
Proposed Ordinance
Density Bonus Ordinance
632
55452.09135\40615195.1 -1-
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

EXHIBIT A
633
55452.09135\40615195.1 -2-
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 634
55452.09135\40615195.1 -3-
“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.
635
55452.09135\40615195.1 -4-
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:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 17.56.100 OF THE SAN CLEMENTE

MUNICIPAL CODE TO COMPLY WITH ASSEMBLY BILL
139 REGARDING PARKING REQUIREMENTS FOR

EMERGENCY SHELTERS AND FINDING THE ORDINANCE

NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
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. The proposed ordinance ("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; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

Attachment 2
637
638
639
Resolution No. PC 22-026 EXHIBIT A
Proposed Ordinance
Emergency Shelter Parking
640
55600.00100\40658363.3
-1-
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

EXHIBIT A
641
55600.00100\40658363.3
-2-
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). 642
55600.00100\40658363.3
-3-
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.
643
55600.00100\40658363.3
-4-
APPROVED AND ADOPTED this ____ day of _________ , 2022.

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:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 17.28.270 OF THE SAN CLEMENTE

MUNICIPAL CODE GOVERNING ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO

COMPLY WITH CHANGES IN STATE LAW AND FINDING

THE ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the 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 WHEREAS, the City's regulations governing ADUs and JADUs are provided in Section 17.28.270 of the San Clemente Municipal Code ("SCMC"); and Attachment 3
645
646
647
Resolution No. PC 22-027 EXHIBIT A
Proposed Ordinance
Accessory Dwelling Unit and Junior Accessory Dwelling Unit 648
55452.09135\40582322.2
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.

EXHIBIT A
649
55452.09135\40582322.2
Ordinance No. 22-

Page 2 ends

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

Section 3. Required Findings. In accordance with subsection (F) of San 650
55452.09135\40582322.2
Ordinance No. 22-

Page 3 ends

3 Clemente Municipal Code section 17.16.040, the Planning Commission hereby makes the following findings:

1. General Plan. This Ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

Section 4. Code Amendments. Section 17.28.270 of the San Clemente Municipal Code is hereby amended to read as set forth in Exhibit “A,” attached hereto and incorporated herein.

Section 5. Effective Date. This Ordinance takes effect 30 days following its adoption.

Section 6. Submittal to HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

Page 4 ends

4 against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

PASSED, APPROVED, AND ADOPTED by the City Council of San Clemente, California, on the _____ day of ___________ 2022.

GENE JAMES, MAYOR
ATTEST:

JOANNE BAADE

CITY CLERK
APPROVED AS TO FORM:

SCOTT C. SMITH

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
652
55452.09135\40582322.2
Ordinance No. 22-

Page 5 ends

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS

JOANNE BAADE

CITY CLERK
653
55452.09135\40581161.3

Page 1 of 10 ends

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Definitions. As used in this section, terms are defined as follows:

2. “Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size.
654
55452.09135\40581161.3

Page 2 of 10 ends

6. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

8. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Permit Procedures. The following approvals apply to ADUs and JADUs under this section:

Page 3 of 10 ends

3. Application Process and Timing.
a. An ADU permit application is considered ministerially, without any discretionary review or a hearing.
656
55452.09135\40581161.3

Page 4 of 10 ends

Page 5 of 10 ends

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that approved under subsections D.1 and D.2 above:

Page 6 of 10 ends

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

Page 7 of 10 ends

Page 8 of 10 ends

F. Development Standards for ADUs that Require an ADU Permit. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1. Passageway. No passageway is required for an ADU.

2. Parking.
a. Generally. One off-street parking space is required for each ADU.

Page 9 of 10 ends

d. No setback if the ADU is constructed in the same location and to the same dimensions as an existing accessory building.

5. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent lot coverage, subject to F.4.c above.

6. Driveway Access. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access as determined by the fire authority.

Page 10 of 10 ends

G. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Page 1 of 813 ends

B. B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. 1. Deemed to exceed the allowable densitybe inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located; .

2. 2. Deemed to be inconsistent with the General Plan and the zoning designationexceed the allowable density for the lot on which the ADU or JADU is located; and.

3. 3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

C. C. Definitions. As used in this section, terms are defined as follows:

2. b. "“Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

FOR REFERENCE PURPOSES ONLY
664
55452.09135\40581161.140581161.3

Page 2 of 813 ends

iii. Food storage cabinets that total at least 30 square feet of shelf space.

6. f. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. g. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

8. h. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. i. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. k. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. D.Permit Procedures.

1. Approvals and Types of ADUs and JADUs. The following approvals apply to ADUs and JADUs under this section:

Page 3 of 813 ends

Page 4 of 813 ends

ii. ii. The peak height above grade is 16 feet or lessdoes not exceed the applicable height limit provided in subsection E.2 below.

Page 5 of 813 ends

4. 3. Impact and Utility Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 .aD.1 or D.1 .bD.2 above.
a. a. Impact Fees.
i. (1) No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection D.3D.4.a, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
ii. (2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. b. b. Utility Fees.
i. (1) If an ADU or JADU is constructed with a new singlefamily home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal
connection fee and capacity charge for a new dwelling are required.
ii. (2) Except as described in subsection D.3.b(1)D.4.b.i, converted ADUs and JADUs on a single-family lot that are created under subsection D.1 .a(1)D.1.a above are not
required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required.
iii. (3) Except as described in subsection D.3.b(1) D.4.b.i, all ADUs and JADUs that are not covered by subsection
D.3.b(2)D.4.b.ii require a new, separate utility connection directly between the ADU or JADU and the utility.
(a) (a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden
created by the ADU or JADU, based on either the floor
area or the number of drainage-fixture units (DFU)
values, as defined by the Uniform Plumbing Code,
upon the water or sewer system.
668
55452.09135\40581161.140581161.3

Page 6 of 813 ends

(b) (b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of
providing this service.

E. E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that approved under subsections D.1.aD.1 and D.1.bD.2 above:

Page 7 of 813 ends

4. 3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

Page 8 of 813 ends

F. F. Development Standards for ADUs that Require an ADU Permit. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1. 1. Passageway. No passageway is required for an ADU.

2. 2. Parking.
671
55452.09135\40581161.140581161.3

Page 9 of 813 ends

Page 10 of 813 ends

5. 6. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent lot coverage, subject to E.5.cF.4.c above.

6. 7. Driveway Access. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire apparatus access as determined by the fire authority.

Page 11 of 813 ends

screening and prevent a direct line of sight to contiguous residential property.

G. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

Page 12 of 813 ends

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF THE

SAN CLEMENTE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING LOW

BARRIER NAVIGATION CENTERS AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 ("AB 101 "); and
WHEREAS, AB 101 added Article 12 to Chapter 3 of the California Government Code (commencing with section 65660). Among other things, AB 101 requires cities to permit specified Low Barrier Navigation Centers ("LBNCs") by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed; and WHEREAS, the ordinance attached as Exhibit "A" (the "Ordinance") amends Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations to comply with AB 101; 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; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Alternatively, the .adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Attachment 4
677
678
679
Resolution No. PC 22-028 EXHIBIT A
Proposed Ordinance
Low Barrier Navigation Centers
680
55452.01100\40684760.2
1 ORDINANCE NO. 22-

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

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

Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

EXHIBIT A
681
55452.01100\40684760.2
2 CEQA. The City Council finds that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) 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. Alternatively, the adoption of this ordinance is exempt from CEQA because 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(b)(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:

Code Amendment. Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to add a definition for “Low Barrier Navigation Center,” which shall read in its entirety as follows:
682
55452.01100\40684760.2
3 “Low Barrier Navigation Center” has the same meaning as in California Government Code section 65660(a), as that section is amended from time to time.

C. Operational and Development Standards. LBNCs must comply with all of the following:

1. Separation. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC.

2. Operational Services. As required by Government Code section 65662, each LBNC must satisfy all of the following:
a. It offers services to connect people to permanent
housing through a services plan that identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to
connect people to permanent housing. “Coordinated
entry system” means a centralized or coordinated
assessment system developed pursuant to section
576.400(d) or section 578.7(a)(8), as applicable, of
Title 24 of the Code of Federal Regulations, as those
sections read on January 1, 2020, and any related
requirements, designed to coordinate program
participant intake, assessment, and referrals.
c. It complies with Chapter 6.5 (commencing with section 8255) of Division 8 of the Welfare and Institutions
Code.
d. It has a system for entering information regarding client stays, client demographics, client income, and exit
683
55452.01100\40684760.2
4 destination through the local Homeless Management
Information System as defined by section 578.3 of Title 24 of the Code of Federal Regulations.

4. Floor Area; Beds. The maximum number of beds per LBNC may not exceed one bed for every 50 square feet of floor area used for sleeping purposes.

E. Sunset.

1. Subject to subsection (E)(2) below, this section shall remain in effect until January 1, 2027, and as of that date is repealed.

Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s 684
55452.01100\40684760.2
5 findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Effective Date. This ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this _____ day of _____, 2022.

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

APPROVED AS TO LEGAL FORM
_______________________________
City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:
685
55452.01100\40684760.2
6 ABSENT:

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF

THE SAN CLEMENTE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING

SUPPORTIVE AND TRANSITIONAL HOUSING AND

FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, in recent years, the State of California has preempted local regulation of certain residential uses, including supportive housing and transitional housing; and WHEREAS, state law defines "supportive housing" as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community; and
WHEREAS, state law defines "transitional housing" as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance; and
WHEREAS, state law requires cities to permit supportive housing as a use by right in zones where multifamily and mixed-uses are permitted if the proposed housing development meets specified statutory requirements (e.g., development size, affordability restrictions, specified percentage of floor area devoted to onsite supportive services); and WHEREAS, state law also requires cities to treat transitional housing and supportive housing as residential uses subject to the restrictions that apply to other residential dwellings of the same type in the same zone; and WHEREAS, the ordinance ("Ordinance") attached hereto as Exhibit "A" amends Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations governing supportive and transitional housing to comply with the above state law requirements; 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; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

Attachment 5
687
688
689
Resolution No. PC 22-029 EXHIBIT A
Proposed Ordinance
Supportive and Transitional Housing
690
55452.09135\40684288.1
-1-
ORDINANCE NO. 22-

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

EXHIBIT A
691
55452.09135\40684288.1
-2-
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.

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 692
55452.09135\40684288.1
-3-
Clemente Municipal Code to comply with state law requirements governing the instances where the City must permit supportive and transitional housing. 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.

B. Transitional housing and supportive housing are each considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).” SECTION 7. 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 693
55452.09135\40684288.1
-4-
and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 10. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _________ , 2022.

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:
694
55452.09135\40684288.1
-5-
AYES:

NOES:

ABSENT:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING TITLE 17 (ZONING) OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING RESIDENTIAL CARE

FACILITIES AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has limited local regulation of certain residential uses, including various types of state-regulated residential care facilities; and
WHEREAS, the ordinance attached hereto as Exhibit "A" ("Ordinance") amend Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations governing residential care facilities to create a streamlined approval process for these uses and comply with state law requirements; 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; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Alternatively, the adoption of this Ordinance is exempt from CEQA because 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(b)(3).)
Attachment 6
696
697
698
Resolution No. PC 22-030 EXHIBIT A
Proposed Ordinance
Residential Care Facility
699
55452.09135\40769905.2
-1-
ORDINANCE NO. 22-

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

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 adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 700
55452.09135\40769905.2
-2-
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) 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. Alternatively, the adoption of this Ordinance is exempt from CEQA because 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(b)(3).)
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 Title 17 of the San Clemente Municipal Code 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 clarifying that residential care facilities are permitted in in accordance with state law. 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 review state law requirements governing residential care facilities and process any necessary SCMC amendments to ensure compliance with the same.

For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, or welfare.

SECTION 4. Code Amendment. The definition of “boarding house” in Section

SECTION 5. Code Amendment. The definition for “residential care facility” in Section 17.88.030 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“Residential Care Facility” means an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled– nursing, as defined by California Health and Safety Code section 1250; a community care facility, as defined by California Health and Safety Code section 701
55452.09135\40769905.2
-3-
1502; a residential care facility for the elderly, as defined by California Health and Safety Code section 1569.2; a residential care facility for persons with chronic lifethreatening illness, as defined by California Health and Safety Code section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code section 1760.2; a congregate living health facility, as defined by California Health and Safety Code section 1250; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code section 5116.”
SECTION 6. Code Amendment. The entry for “boarding housing” in Table

17.40.030 of Section 17.40.030 of the San Clemente Municipal Code is hereby amended to make this term on word (instead of two) that reads as follows:
“boardinghouse.”
SECTION 9. Code Amendment. A new footnote number 31 is hereby added to the rightmost column within the row for “boardinghouse” in Table 17.40.030 of Section 17.40.030 of the San Clemente Municipal Code. The new footnote 31 shall read in its entirety as follows:
“31. But if the boardinghouse is a Residential Care Facility (as defined by Section 17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval).”
SECTION 10. Code Amendment. Title 5 (Business Licenses and Regulations) of the San Clemente Municipal Code is hereby amended to… [PLACEHOLDER] 702
55452.09135\40769905.2
-4-
SECTION 11. Code Amendment. Title 5 (Business License and Regulations) of the San Clemente Municipal Code is hereby amended to…[PLACEHOLDER] SECTION 12. Code Amendment. The row for “Residential Care Facilities, when licensed to serve six or fewer persons” in Table 17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby deleted in its entirety.

The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 16. Effective Date. This Ordinance takes effect 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _________ , 2022.

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:

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: D
Department: Community Development
Prepared By: David Carrillo, Assistant Planner
Subject:

HISTORIC PROPERTY PRESERVATION AGREEMENT 22-297, 212 ROSA MILLS ACT CONTRACT, LOCATED AT 212 AVENIDA ROSA
Fiscal Impact:

Execution of the Historic Property Preservation Agreement will result in a minor diminution of property tax revenues to the City. The approximate impact is anticipated to be $5,407 per year.

Summary:

Staff recommends the City Council (Council) approve a Historic Property Preservation Agreement (HPPA) for a historic residence located at 212 Avenida Rosa. The HPPA provides a property tax reduction incentive to owners of historic properties to restore, improve, and preserve their buildings and grounds, per a 10-year term work list. Attachment 2 provides background information on the Mills Act program.

Background:

The site is a 4,000 square-foot lot and was developed in 1928 with a two-story, single-family residence, and a one-story detached garage. The single-family home was then converted into a duplex in 1928. The residence, designed by architect Virgil Westbrook, is a representative example of residential Spanish Colonial Revival architecture in the City. For more information on the historical significance of the property, please refer to the 1995 and 2006 State Department of Parks and Recreation (DPR) Survey Forms, provided as Attachment 3. The site is in the Residential Medium Zoning District and Coastal Zone Overlay (RM-CZ). Refer to Attachment 4 for a location map.

Records indicate a few building permits were issued. The most notable building permits were completed in 2005 and 2013, which involved first and second story additions. Refer to Attachment 6 for a complete list of the site’s building permit history.

Discussion:

Staff visited the subject property with Emma Haggerty, Architectural Historian with GPA Consulting, to assess the historic resource and identify improvements to be included in the 10-year term work list.

Staff developed a list of prioritized work for preservation and maintenance of the historic resource outlined in Exhibit D of Attachment 1, within the initial 10-year term of the agreement. Some examples of the work to preserve the historic property include:
· Engage a qualified structural engineer experienced in working with historic properties to properly inspect the foundation and make any recommendations to upgrade and seismically retrofit the foundation (complete by end of 2023).
· Provide a termite / wood destroying organism (WDO) report indicating a termite free condition CITY OF SAN CLEMENTE Page 1 of 3 Printed on 12/2/2022
powered by Legistar™705
Meeting Date: 12/6/2022 Agenda Item: D
· Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present (complete by end of 2023). · Engage the services of a roofing specialist for inspection of all roofs and complete recommended work (complete by end of 2026).
· Repair and repaint original wood windows and doors (complete by end of 2027).

The HPPA was reviewed by the Design Review Subcommittee (DRSC), which serves as the Cultural Heritage Subcommittee (CHSC), on October 26, 2022. The CHSC supported the HPPA request and list of prioritized work. See Attachment 8 for the CHSC meeting report and minutes. The property owner would need to apply for and receive applicable permits at the time work is proposed consistent with HPPA requirements and Secretary of the Interior Standards for the Treatment of Historic Properties (Exhibit B of Attachment 1).

If approved by Council, the HPPA will be executed after the owner submits the required $353 filing fee. The executed HPPA will then be recorded with the County and forwarded to the Tax Assessor.

The estimated tax savings is $5,407 per year. The exact amount of the reduction will only be known after the County Tax Assessor completes a valuation for the property in 2023 based on the executed Agreement. To confirm compliance with the conditions of the agreement, every five years from the commencement of the contract’s term, the property owner will be responsible to arrange a site inspection with the Planning Division and pay for the costs of such inspection.

Plan and Policy Consistency:

The action is consistent with the following General Plan (GP) Goals and Policies:
• GP Policy HP-3.03 of the Historic Preservation Element: Incentives. We pursue and support the use of appropriate federal, state, local, and private grants, loans, fee waivers and tax credits and relief to promote historic preservation. • GP Policy HP-3.05 of the Historic Preservation Element: Mills Act. We maintain the Mills Act program as an incentive for historic preservation.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL ADOPT RESOLUTION NO. ENTITLED, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 22-297 FOR THE PROPERTY LOCATED AT 212 AVENIDA ROSA
Attachment:

Attachment 1 Resolution
Exhibit 1 HPPA 22-297 - Historic Property Preservation Agreement Exhibit A Historic Property Legal Description
Exhibit B Secretary of the Interior’s Standards for the Treatment of Historic Properties
Exhibit C City of San Clemente Historic Property Minimum Maintenance Standards
Exhibit D Historic Property Improvements to be Completed Attachment 2 Mills Act Background Information
CITY OF SAN CLEMENTE Page 2 of 3 Printed on 12/2/2022
powered by Legistar™706
Meeting Date: 12/6/2022 Agenda Item: D
Attachment 3 1995 and 2006 DPR Forms
Attachment 4 Location Map
Attachment 5 Site Photographs
Attachment 6 Building Permit History
Attachment 7 Annotated Photographs of Rehabilitation Items Attachment 8 Minutes and Staff Report (without attachments) from the Cultural Heritage Subcommittee Meeting of October 26, 2022
Notification:

All of the property owners within 300 feet and the Historical Society have been notified of the project by mail, posting on property and newspaper publication.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 12/2/2022
powered by Legistar™707
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 22-297 FOR THE
PROPERTY LOCATED AT 212 AVENIDA ROSA
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on July 19, 2022, an application was submitted by Linda Jund, 212 Avenida Rosa, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 212 Avenida Rosa, the legal description being N TR 779 BLK 19 LOT 25, in the City Of San Clemente, with Assessor’s Parcel Number 058-101-32; and
WHEREAS, on October 26, 2022, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 22-297 with preservation improvement conditions; and
WHEREAS, on December 6, 2022, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: The City Council hereby approves HPPA 22-297, attached hereto and incorporated herein by reference as Exhibit 1, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 212 Avenida Rosa, after the required application fee has been submitted to the City by the property owner, but not later than June 30, 2023.

PASSED AND ADOPTED this _____ day of ____________________, 2022. _______________________
Mayor of the City of
San Clemente, California
ATTACHMENT 1
708
ATTEST:
____________________________
CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _____ was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of __________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK, of the City of
San Clemente, California
Approved as to form:
___________________________
City Attorney
709
Recording Requested by, and EXHIBIT 1
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 6
th day of December, 2022, by
and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Linda Jund (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 058-101-32, located at 212 Avenida Rosa, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 710

AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.
711

6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 6, 2022, to and including December 6, 2032.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on 712
which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 713
qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Linda Jund
212 Avenida Rosa
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
714

22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

23. INDEMNITY OF CITY. Owner agrees to protect, defend, indemnify and shall hold harmless the City and its elected officials, officers, agents and employees from liability for claims, loss, proceedings, damages, causes of action, liability, costs or expense, including reasonable attorney’s fees in connection with damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement. 715
IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Mayor
ATTEST:
__________________________________
City Clerk
By _________________________
Property Owner
716

EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 25, Block 19 of Tract 779, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 58 PAGE 10 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
717

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships.

Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.

2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal. 718

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 719

EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 720

EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Complete by end of 2023

2. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

3. Remove any obsolete utility equipment from the east elevation, including exposed wiring and piping. Improve appearance of remaining equipment by relocating it to a less visible area and/or concealing within appropriately designed utility boxes.

Complete by end of 2024

4. Repair/install new site drainage to ensure water is diverted away from the building base and prevent damage to foundation.

5. Treat property for termites to prevent immediate and long-term damage to the historic fabric. Repair termite damaged wood, including exterior wood trim such as rafter tails, brackets, and doors/window frames using appropriate epoxies, or by splicing and replacing damaged units. If severity of deterioration necessitates replacement, individual wood units should be replaced in kind.

Complete by end of 2025

6. Repair/reconstruct damaged original clay foundation vents. Re-install failing and/or missing mesh within openings. If severity of deterioration necessitates replacement, replace in kind.

7. Remove vines growing up/along exterior wall of primary elevation, which can damage exterior features and surface finishes, particularly wood and stucco. Remove or relocate plants away from the house and if retained, install a trellis or cables and ensure vines are kept away from the building.

Complete by end of 2026

8. Engage the services of a roofing specialist for inspection of all roofs and complete recommended work. Clay tiles should be carefully removed and reinstalled. Where 721
the severity of deterioration necessitates replacement, individual clay tiles should be replaced in kind or using appropriate clay tiles in accordance with City of San Clemente Building Code requirements.

Complete by end of 2027

Apply putty where missing and ensure windows are weathertight; carefully repaint to ensure paint does not bleed onto glazing.

10.There are expansive cracks and flaking stucco on the first floor of the west and east elevations, and various patch repairs throughout the exterior walls were inappropriately completed with inconsistent stucco textures. Infill cracks to prevent water intrusion and re-stucco exterior elevations to match original portions of stucco to create a cohesive finish.

Complete by end of 2028

11.There is extensive paving with patchwork of various concrete throughout the site.

Create a comprehensive landscape/hardscape plan for the property. Commence and complete work to clear the property of overgrown landscaping in front yard and along driveway, repair damaged planters and retaining walls, and install appropriate landscaping and hardscaping to replace extensive concrete. Ensure any irrigation systems are located/directed away from the building base.

12.Repair or replace in kind individual Saltillo tiles that are damaged.

Complete by end of 2029

13.Repair or replace wood fence along western property line. If replaced, the new fence should be historically compatible in terms of style and materials.

Ongoing

14.Maintain wrought iron features, including decorative grills, driveway and gates, balconies, and railings. Clean of corrosion and reapply protective coat as needed.

15.Clean original light fixture within main entrance porch (south elevation) of corrosion and maintain.

16.Maintain landscaping to prevent overgrowth and attachment of vines onto the building. 722

17.Property owner should inspect annually for termite, weather, or other damage and make related repairs in kind as needed. If deterioration necessitates replacement, features should be replaced in kind.

18.Inspect gutters and downspouts annually and maintain by clearing of debris to prevent overflow and potential damage to exterior features and interior structure. 723
Recording Requested by, and EXHIBIT 1
when Recorded Mail to:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

10. TERM. The term of this Agreement shall be from December 6, 2022, to and including December 6, 2032.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on 726
which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 727
qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement. 729
IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Mayor
ATTEST:
__________________________________
City Clerk
By _________________________
Property Owner
730