San Clemente City Council
December 6, 2022

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
5:00 p.m. - Business Meeting Part 1
6:00 p.m. - Special Meeting
7:00 p.m. - Business Meeting Part 2

CITY OF SAN CLEMENTE
Tuesday, December 6, 2022
City Council
Regular and Special Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

1 City Council Regular and Special Meeting Agenda December 6, 2022 BUSINESS MEETING PART 1 (5:00 P.M.)

HOLIDAY SERENADE- SAN CLEMENTE HIGH SCHOOL MADRIGALS
Holiday serenade by the San Clemente High School Madrigals, under the direction of Alexandra Schultz.

CALL TO ORDER
INVOCATION – Joe Croft, Church Leader, Church of Jesus Christ of Latter-Day Saints.

PLEDGE OF ALLEGIANCE

ROLL CALL

ELECTION RESULTS, ADMINISTRATION OF OATH OF ALLEGIANCE, AND ELECTION

OF MAYOR AND MAYOR PRO TEMPORE
A. RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022
Staff Recommendation
Adopt Resolution No. 22-42 entitled A RESOLUTIOON OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF

THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON NOVEMBER 8, 2022, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS

PROVIDED BY LAW
B. RECOGNITION OF OUTGOING COUNCILMEMBERS, CITY CLERK AND

CITY TREASURER
Presentation of Commendation to Councilmember Ferguson, in recognition of 4 years of service to the City of San Clemente.

Presentation of Commendation to Councilmember Ward, in recognition of 8 years of service to the City of San Clemente.

Presentation of Commendation to Joanne Baade, City Clerk, in recognition of 35 years of service to the City of San Clemente.

Presentation of Commendation to Mark Taylor, City Treasurer, in recognition of 9 years of service to the City of San Clemente.

C. OATH OF ALLEGIANCE - NEWLY-ELECTED COUNCILMEMBERS
Administration of the Oath of Allegiance to Councilmembers-Elect.

D. ELECTION OF MAYOR AND MAYOR PRO TEMPORE
The City Clerk will conduct the election for Mayor. The newly elected Mayor will then conduct the election for Mayor Pro Tempore.

2 City Council Regular and Special Meeting Agenda December 6, 2022

1. Motion waiving reading in full of all Resolutions and Ordinances

2. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

SPECIAL MEETING (6:00 P.M.)

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 11. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

4. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) CITY COUNCIL REGULAR AND SPECIAL MEETING MINUTES OF NOVEMBER 15, 2022.
(2) CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF
NOVEMBER 17, 2022.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
OCTOBER 25, 2022.
(2) PLANNING COMMISSION STUDY SESSION MINUTES OF
NOVEMBER 16, 2022

3 City Council Regular and Special Meeting Agenda December 6, 2022 (3) PLANNING COMMISSION REGULAR MEETING MINUTES OF
NOVEMBER 16, 2022
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
NOVEMBER 17, 2022
C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2746 THROUGH 2748 AND WARRANT NOS.
584642 THROUGH 584801, PAID ON
11-11-22, IN THE AMOUNT OF $2,184,557.32
(2) APPROVE WIRE TRANSFER NOS.
2749 THROUGH 2755 AND WARRANT NOS.
584802 THROUGH 584946, PAID ON
11-18-22, IN THE AMOUNT OF $1,483,755.01
(3) APPROVE WARRANT NOS.
584947 THROUGH 585059, PAID ON
11-25-22, IN THE AMOUNT OF $2,025,438.40
TOTAL WARRANT REGISTER……………………………….$ 5,693,750.73
Payroll Register
(1) WARRANT NOS. 889 THROUGH
890 AND AUTOMATIC DEPOSIT
ADVISES 82191 THROUGH
82471, FOR THE PERIOD 10-31-22
THROUGH 11-13-22, PAID ON
11-18-22, IN THE AMOUNT OF $430,410.99
TOTAL PAYROLL REGISTER………………………………….$ 430,410.99
D. CONTRACT AMENDMENT - BANKING AND CUSTODY SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C11-48, by and between the City of San Clemente and Bank of the West, providing for banking and custody services, and allow for the City Manager to execute future extensions.

4 City Council Regular and Special Meeting Agenda December 6, 2022 E. COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL)

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT
REPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2022.

Staff Recommendation
Accept, and file the Community Facilities District No. 2006-1 (Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year ended June 30, 2022.

F. CONTRACT AMENDMENT - MONTHLY METER READING
Staff Recommendation

1. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C07-04, by and between the City of San Clemente and Alexander’s Contract Services Inc., providing for Meter Reading Services.

2. Authorize the City Manager to execute one year extension option.

G. SENIOR AQUATICS PARTNERSHIP - SAN CLEMENTE AQUATICS
Staff and the Beaches, Parks and Recreation Commission Recommendation

1. Staff and The Beaches, Parks & Recreation Commission Recommend that the City Council grant Senior Aquatics Partnership status to San Clemente Aquatics for a one-year agreement with two possible one-year extensions.

2. Approve, and authorize the City Manager to execute the Senior Aquatics Partnership agreement, with two possible one-year extensions.

H. NOTICE OF COMPLETION - ALLEY PAVEMENT REHABILITATION Staff Recommendation

1. Accept the Alley Pavement Rehabilitation, from the contractor, L.C. Paving & Sealing Inc., CIP Project Nos. 10318, 18326 and 18328.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Alley Pavement Rehabilitation.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, L.C. Paving & Sealing, Inc.

5 City Council Regular and Special Meeting Agenda December 6, 2022

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

I. CONTRACT AMENDMENT - AS-NEEDED GEOTECHNICAL AND RELATED SERVICES.

Staff Recommendation

1. Approve, and authorize the Public Works Director/City Engineer to execute, Amendment No. 1 to Contract No. C19-65, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for As-Needed Geotechnical and Related Services.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Amendment No. 1 to Contract No. C19-66, by and between the City of San Clemente and Geo-Logic Associates, Inc., providing for As-Needed Geotechnical and Related Services.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Amendment No. 1to Contract No. C19-67, by and between the City of San Clemente and Ninyo & Moore Geotechnical & Environmental Science Consultants, providing for As-Needed Geotechnical and Related Services.

4. Approve, and authorize the Public Works Director/City Engineer to assign As-Needed Geotechnical and Related Services task authorizations under the original approved agreements and First Amendments, not to exceed $200,000 total per fiscal year, for each consultant, provided funds are available in prior City Council approved project budgets.

J. ADOPT RESOLUTION FOR GRANT FUNDING APPLICATION TO THE STATE

WATER RESOURCES CONTROL BOARD FOR THE WATER RECYCLING

FUNDING PROGRAM
Staff Recommendation
Adopt Resolution No. 22-43 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE

APPLICATION FOR GRANT FUNDS UNDER THE STATE WATER

RESOURCES CONTROL BOARD WATER RECYCLING FUNDING PROGRAM FOR RECYCLED WATER MASTER PLAN AND EXPANSION PROJECT.

6 City Council Regular and Special Meeting Agenda December 6, 2022

5. Special Presentations
A. California Department of Insurance
Presentation by Andrea Valdes, Outreach Analyst, California Department of Insurance concerning wildfire safety.

B. USO Camp Pendleton
Presentation by Crystal Gates, Center Operations and Program Manager, concerning USO Camp Pendleton Operations.

C. Homeless Update
November update to be provided at the December 20, 2022 City Council Meeting.

BUSINESS MEETING PART 2 (7:00 P.M.)

6. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

7. Closed Session Report - City Attorney

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

A. ORDINANCE TO ADOPT VARIOUS BUILDING CODE REGULATIONS AND

LOCAL AMENDMENTS
Scheduled to be heard at 7:30 p.m.

A Public Hearing to consider the Municipal Code amendments to Title 15 Buildings and Construction and Chapter 8.16 Fire Code.

Staff Recommendation
Adopt Ordinance No. 1738 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 15 CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16, 15.17, 15.18, 15.20,

15.22, 15.23 AND TITLE 8 CHAPTER 8.16 OF THE SAN CLEMENTE MUNICIPAL CODE AND, ADOPTING BY REFERENCE THE 2022

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF

7 City Council Regular and Special Meeting Agenda December 6, 2022 REGULATIONS, TITLE 24), CONSISTING IN PART OF THE 2022
ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA
ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA HISTORICAL
BUILDING CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS.

B. SPECIFIC PLAN AMENDMENTS (SPA) 21-229 TO UPDATE SPECIFIC

PLANS FOR CONSISTENCY WITH THE CENTENNIAL GENERAL PLAN,

ZONING CODE, AND COASTAL LAND USE PLAN
Scheduled to be heard at 7:30 p.m.

A Public Hearing to consider a recommendation of the Planning Commission to adopt City-initiated amendments to the Talega, Rancho San Clemente, Forster Ranch, Marblehead Inland, and Marblehead Coastal Specific Plans.

Staff and the Planning Commission Recommendation

1. Determine a review of the project has been completed according to the California Environmental Quality Act (CEQA), and find SPA 21-229 does not constitute a “project” subject to CEQA [State CEQA Guidelines, §§ 15060, subd. (c)(2), 15060, subd. (c)(3), 15378(a), and 15378 (b)(5)], in that SPA 21 -229 is exempt under CEQA’s common sense exemption [State CEQA Guidelines, § 15061, subd. (b)(3)]; and if SPA 21-229 were determined to be a non-exempt project subject to CEQA, environmental review is unnecessary under Public Resources Code section 21166 and State CEQA Guidelines section 15162, whereas the “project” would not cause new significant environmental effects or substantially increase the environmental effects that were fully disclosed, evaluated, and mitigated, to the extent feasible in the certified General Plan EIR.

2. Adopt Resolution No. 22-44 entitled A RESOLUTION OF CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-229 UPDATING SPECIFIC PLANS FOR TALEGA,

RANCHO SAN CLEMENTE, MARBLEHEAD INLAND, MARBLEHEAD

COASTAL, AND FORSTER RANCH FOR CONSISTENCY WITH THE

CENTENNIAL GENERAL PLAN, ZONING CODE, AND COASTAL LAND

USE PLAN

8 City Council Regular and Special Meeting Agenda December 6, 2022 C. CODE AMENDMENT - AMENDING VARIOUS SECTIONS OF THE SAN CLEMENTE MUNICIPAL CODE TO IMPLEMENT THE CITY’S SIXTH CYCLE HOUSING ELEMENT (PROJECT NO. ZONING AMENDMENT 22-369).

Scheduled to be heard at 7:30 p.m.

A Public Hearing to consider a recommendation of the Planning Commission to amend various provisions of the San Clemente Municipal Code to effectuate revisions contemplated be the City's Sixth Cycle Housing Element.

Staff Recommendation

1. Introduce Ordinance No. 1740 entitled AN ORDINANCE OF THE CITY

COUNCIL OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION

17.24.070 OF THE SAN CLEMENTE MUNICIPAL CODE REGARDING

DENSITY BONUSES AND OTHER AFFORDABLE HOUSING INCENTIVES

REQUIRED BY STATE LAW AND FINDING THE ACTION TO BE EXEMPT

FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

2. Introduce Ordinance No. 1741 entitled AN ORDINANCE OF THE CITY

COUNCIL OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION

17.56.100 OF THE SAN CLEMENTE MUNICIPAL CODE TO COMPLY
WITH ASSEMBLY BILL 139 REGARDING PARKING REQUIREMENTS

FOR EMERGENCY SHELTERS AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)

3. Introduce Ordinance No. 1742 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 17.28.270 OF THE SAN CLEMENTE MUNICIPAL CODE

GOVERNING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO COMPLY WITH CHANGES IN STATE

LAW AND FINDING THE ACTION TO BE EXEMPT FROM CEQA (CEQA)

4. Introduce Ordinance No. 1743 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING

VARIOUS PROVISIONS OF THE SAN CLEMENTE MUNICIPAL CODE TO

ENSURE CONSISTENCY WITH STATE LAW REGARDING LOW BARRIER

NAVIGATION CENTERS AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

5. Introduce Ordinance No. 1744 entitled AN ORDINANCE OF THE CITY

COUNCIL OF SAN CLEMENTE, CALIFORNIA AMENDING VARIOUS

PROVISIONS OF THE SAN CLEMENTE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING SUPPORTIVE AND

TRANSITIONAL HOUSING AND FINDING THE ACTION TO BE EXEMPT

9 City Council Regular and Special Meeting Agenda December 6, 2022

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

6. Introduce Ordinance No. 1745 entitled AN ORDINANCE OF THE CITY

COUNCIL OF SAN CLEMENTE, CALIFORNIA AMENDING VARIOUS

PROVISIONS OF THE SAN CLEMENTE MUNICIPAL CODE REGARDING

RESIDENTIAL CARE FACILITIES AND FINDING THE ACTION TO BE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
D HISTORIC PROPERTY PRESERVATION AGREEMENT 22-297, 212 ROSA MILLS ACT CONTRACT, LOCATED AT 212 AVENIDA ROSA
Scheduled to be heard at 7:45 p.m.

A Public Hearing to consider a Mills Act agreement between the City and the owners of a historic private single-family residence at 212 Avenida Rosa.

Staff Recommendation
Adopt Resolution No. 22-45 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
E. HISTORIC PROPERTY PRESERVATION AGREEMENT 22-338, 217 ESPLANADE MILLS ACT CONTRACT, LOCATED AT 217 ESPLANADE
Scheduled to be heard at 7:45 p.m.

A Public Hearing to consider a Mills Act agreement between the City and the owners of a historic private single-family residence at 217 Esplanade Staff Recommendation
Adopt Resolution No. 22-46 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 22-338 FOR THE PROPERTY LOCATED AT 217 ESPLANADE.

10 City Council Regular and Special Meeting Agenda December 6, 2022

9. Unfinished Business
A. ORDINANCE NO. 1739 (SECOND READING) - PARKING RECREATIONAL

VEHICLES ON CITY STREETS AND ALLEYS
Staff Recommendation
Adopt Ordinance No. 1739 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION

10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO PARKING RECREATIONAL VEHICLES ON CITY STREETS AND ALLEYS.

10. New Business
A. CONSIDERATION OF ALLOCATING A DONATION TO THE FLYING

LEATHERNECKS HISTORICAL FOUNDATION
(Agendized by Council at the November 15, 2022 City Council Meeting.) Staff Recommendation
Staff Recommends that the City Council postpone consideration of allocating General Funds for a donation through the regular budget process.

Alternatively, the City Council could consider:

1. Allocating a donation in an amount to be determined herewith from the City Council contingency account to the Flying Leathernecks Historical Foundation; or

2. Allocating a donation in an amount to be determined herewith from the General Fund unassigned fund balance.

B ASSEMBLY BILL 2449 - OPEN MEETINGS AND VIRTUAL COUNCIL

MEETING PARTICIPATION
Staff Recommendation
Receive and file the Administrative Report dated December 6, 2022 and on file with the City Clerk and, if Council wishes to employ the "just cause" and "emergency circumstances" platforms for virtual attendance, ask staff to return with a work plan and appropriation for implementing the required two-way audio-video public participation in Council meetings.

11 City Council Regular and Special Meeting Agenda December 6, 2022

11. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

12. Adjournment
Adjourn to an Adjourned Regular Meeting to be held on December 13, 2022 at 4:00 p.m. for the purpose of conducting Closed Session. The next Regular Council Meeting will be held on December 20, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
December 20, 2022 - Public Hearing to consider MCUP 22-197, Primo Foods Beer and Wine, 2801 S. El Camino Real.

12 City Council Regular and Special Meeting Agenda December 6, 2022

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

13 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: A.

Department: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:

Results of the General Municipal Election Held on November 8, 2022 Fiscal Impact:

Council previously appropriated $134,000 to fund the November 8, 2022 General Municipal Election.

The actual election cost has not yet been determined by the Orange County Registrar of Voters.

Summary:

A General Municipal Election was held in the City of San Clemente on November 8, 2022 for the purpose of electing three Members of the City Council and to submit two measures to the electorate (questioning whether the offices of City Clerk and City Treasurer should be appointive). In accordance with Council direction, the City’s General Municipal Election was consolidated with the General Election that was conducted on the same date by the County of Orange. The ballots were counted and the results canvassed and certified by the Orange County Registrar of Voters. A copy of the certified election results will be attached to the agenda report when they are available from the County.

The following twelve candidates appeared on the ballot (in the order listed) to fill three vacancies on the City Council for full terms to expire in November 2026. As the below vote tally indicates, -----, ----- -- and --- were the three candidates receiving the highest number of votes.

CITY OF SAN CLEMENTE Member, City Council
Number To Vote For: 3
Candidate Vote Count Percentage

DONNA VIDRINE

VICTOR CABRAL

MARK ENMEIER
MARTINA McBURNEY -WHEELER

SHANE HIRSCHMAN

CHANEL FETTY

ASHLEY WILLIAMS

AARON WASHINGTON

ZHEN WU

THOR JOHNSON

DENNIS KAMP
*STEVEN “STEVE” KNOBLOCK
CITY OF SAN CLEMENTE Page 1 of 3 Printed on 12/5/2022
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Meeting Date: 12/6/2022 Agenda Item: A.

AARON WASHINGTON

ZHEN WU

THOR JOHNSON

DENNIS KAMP
*STEVEN “STEVE” KNOBLOCK
* Indicates Incumbent Candidate
Additionally, the following two measures appeared on the ballot:

U -San Clemente, Appointive City Clerk Shall
the office of City Clerk be appointive?
YES
NO
V -San Clemente, Appointive City Treasurer
Shall the office of City Treasurer be appointive?
YES
NO
As the below vote tallies indicate, --- Measure U and Measure V VOTING RESULTS WILL BE INPUT ONCE RECEIVED.

U-City of San Clemente, City of San Clemente, Appointive City Clerk Completed Precincts:

Vote Count Percentage
Yes
No
V- City of San Clemente, City of San Clemente, Appointive City Treasurer Completed Precincts:

Vote
Count
Percen
tage
Yes
No
Recommended Actions:

Staff Recommendation
CITY OF SAN CLEMENTE Page 2 of 3 Printed on 12/5/2022
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Meeting Date: 12/6/2022 Agenda Item: A.

STAFF RECOMMENDS THAT the City Council adopt Resolution No. entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON NOVEMBER 8, 2022, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

Attachment:

Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON NOVEMBER 8, 2022, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW. (which will include the certified election results as Exhibits).

Notification:

Candidates for Office of the City Council
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 12/5/2022
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AGENDA REPORT

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

Subject:

Recognition of Outgoing Councilmembers, City Clerk and City Treasurer CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/5/2022
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AGENDA REPORT

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

Subject:

Oath of Allegiance - Newly-Elected Councilmembers
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/5/2022
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AGENDA REPORT

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

Subject:

Election of Mayor and Mayor Pro Tempore
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/5/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/6/2022 Agenda Item: (1)
Subject:

CITY COUNCIL REGULAR AND SPECIAL MEETING MINUTES OF NOVEMBER 15, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
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CITY OF SAN CLEMENTE
Tuesday, November 15, 2022 5:00 PM
City Council
Regular and Special Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Business Meeting Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular and Special Meeting of the San Clemente City Council was called to order by Mayor James November 15, 2022 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: *Duncan, Ferguson, Mayor James, Knoblock, and Ward *Mayor Pro Tem Duncan participated via teleconference
STAFF PRESENT: Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo,
Legislative Administrator; Megan Jimenez, Deputy City Clerk

BUSINESS MEETING

INVOCATION
Katie Nichol, Stake Communication Director, Church of Jesus Christ of Latter-Day Saints gave the invocation.

PLEDGE OF ALLEGIANCE
Victor Cabral led the Pledge of Allegiance.

REORGANIZATION OF AGENDA
Motion by Mayor James, second by Councilmember Ward, CARRIED 3-2, to consider Item 4D - Ordinance No. 1737(Second Reading) 654 Camino de los Mares - Senior Housing and Medical Office after 7:00 p.m. (after Special Presentations).

AYE: Duncan, Mayor James, and Ward
NOE: Ferguson, and Knoblock

21 City Council Regular and Special Meeting Minutes November 15, 2022

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor James, second by Councilmember Ward, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

2. Consideration of agendizing items requiring immediate action None.

3. Oral Communications (Part 1)
Amanda Q narrated a Powerpoint presentation entitled "Please Support Alternative No. 1 No Build Alternative". A hard copy of the presentation is on file with the City Clerk.

Dawn Urbanek commented on a Notice of Complaint filed against her; announced that she is filing a complaint with the California State Bar alleging attorney misconduct. A hard copy of the complaint is on file with the City Clerk.

Sharon Diener voiced concerns regarding a short term lodging unit (STLU) located at 2813 La Ventana and non-compliance issues.

Scott Diener voiced concern with wedding ceremonies and parties at a STLU at 2813 La Ventana as it relates to non-compliance.

Short Term Lodging Unit (STLU) at 2813 La Ventana
Mayor James requested a meeting with the City Attorney, the Diener's and other interested neighbors on La Ventana to discuss their concerns.

City Attorney Smith will provide the full City Council with a summary of the meeting.

22 City Council Regular and Special Meeting Minutes November 15, 2022

4. Consent Calendar
The following Items were removed from the Consent Calendar for discussion: 4B(3), 4D and 4E.

A. City Council Minutes
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 26, 2022.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES
OF NOVEMBER 1, 2022.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
B. Commission/Committee Minutes
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to receive and file:
(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF AUGUST 9, 2022.
(2) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF AUGUST 4, 2022.
(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF NOVEMBER 2, 2022.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. Warrant Register
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2738 THROUGH 2745 AND WARRANT NOS.
584491 THROUGH 584641, PAID ON
11-4-22, IN THE AMOUNT OF $2,430,579.40
TOTAL WARRANT REGISTER...........................................$ 2,430,579.40 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

23 City Council Regular and Special Meeting Minutes November 15, 2022 Payroll Register
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to:

APPROVE WARRANT NO. 888 AND
AUTOMATIC DEPOSIT ADVISES 81916
THROUGH 82190, FOR THE PERIOD
10-17-22 THROUGH 10-30-22, PAID ON
11-4-22, IN THE AMOUNT OF $424,772.45
TOTAL PAYROLL REGISTER………………………………….$ 424,772.45
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
F. CONTRACT AWARD - WATER RECLAMATION PLANT (WRP) SLUICE GATES REPLACEMENT (PHASE 2)
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to:

1. Approve the plans and specifications for the WRP Gates Replacement (Project No. 2), CIP Project No. 26212.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-68, by and between the City of San Clemente and Jennette Company, Inc., providing for WRP Sluice Gate Replacement (Project No. 2), in the amount of $193,000.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
4B(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF NOVEMBER 3, 2022.

Council appealed Minor Conditional Use Permit 22-197, Primo Foods Beer and Wine, 2801 S. El. Camino Real (an item that was heard at the November 3, 2022 Zoning Administrator Meeting) and requested the item be brought to Council for consideration at a Public Hearing to be held at the December 6, 2022 City Council Meeting. (Due to noticing requirements this item will be considered at a Public Hearing at the City Council Meeting on December 20, 2022.)

24 City Council Regular and Special Meeting Minutes November 15, 2022 D. ORDINANCE NO. 1737 (SECOND READING) - 654 CAMINO DE LOS MARES -

SENIOR HOUSING AND MEDICAL OFFICE
Council made a motion to remove this Item from the Consent Calendar and consider it after 7:00 p.m. See page 1 of these minutes for a summary of the action.

Amanda Q narrated a Powerpoint presentation entitled "Recuse?". A hard copy of the presentation is on file with the City Clerk.

Greg Sanders, Counsel for Memorial Care, commented on conversations he had with City Attorney Smith concerning legal challenges to the proposed senior housing and medical office project; noted he is available to respond to legal questions related to the senior housing and medical office project located at 654 Camino de los Mares.

Aaron Washington urged Council to oppose the proposed senior housing and medical office project due to the size and scope.

Beverly Wiesen, San Clemente, spoke in opposition to the project and on the organization of a referendum.

William Boezinger, San Clemente, urged Council to side with concerned citizens and oppose the proposed project.

Kathy Esfahani, Chair of the San Clemente Affordable Housing Coalition, spoke in support of the proposed project and spoke on comments made in support of the proposed project at the November 1, 2022 City Council Meeting.

Denise Fleury, San Clemente, spoke in support of the proposed senior housing and medical office project.

Rona Henry spoke in support of the proposed project as it relates to potential impacts on the City and the 'builders remedy'.

Stuart Anderson, San Clemente, spoke in favor of the proposed project and potential impacts to the City if the project is denied.

Jacky Trani, San Clemente, spoke in support of the proposed project.

Ken Rogers, San Clemente, spoke in opposition to the proposed project; the need for story polls and potential impacts to the City.

Linda Rogers, San Clemente, spoke in opposition to the proposed project due to size, scope and safety concerns.

James Watkins, San Clemente, spoke in support of the proposed project.

Grace Todd, San Clemente, spoke in support of the proposed project.

25 City Council Regular and Special Meeting Minutes November 15, 2022 Connor Medina, Orange County Business Council, spoke in support of the proposed project and the need for additional housing in Orange County.

Diane Scott, San Clemente, spoke in support of the proposed project and the need for additional senior housing.

Judy Jones, San Clemente, spoke in support of the proposed project as it relates to benefits to the City.

Anna Davis, San Clemente, spoke in support of the proposed project.

Jon Conk spoke in opposition to the proposed project and urged Mayor Pro Tem Duncan to disclose ex-partae communications.

James Jo spoke in support of the proposed project and the need for additional senior housing.

Tom Leary, Vice President of Memorial Care, spoke on the origins of the proposed project and the relationship with the City.

Wayne Eggleston, San Clemente, spoke in opposition of the proposed project and the perception of a conflict of interest; opined the proposed project needs additional study and suggested putting this project on the ballot.

Motion by Councilmember Knoblock, second by Councilmember Ferguson, to adopt Ordinance No. 1737 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN ADDENDUM

TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS UPDATE PEIR

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

Substitute motion by Mayor James, second by Councilmember Ward, FAILED 2-3, to re-zone the property and have the City conduct it's own studies concerning environmental impacts and parking.

AYE: Mayor James, and Ward
NOE: Duncan, Ferguson, and Knoblock
The original motion on the floor was voted on and CARRIED 3-2. For ease of reference, the action taken was as follows:

26 City Council Regular and Special Meeting Minutes November 15, 2022 Adopt Ordinance No. 1737 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN

ADDENDUM TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS

UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

AYE: Duncan, Ferguson, and Knoblock
NOE: Mayor James, and Ward
E. CONTRACT AWARD - RICHARD T. STEED MEMORIAL PARK PICKLEBALL DESIGN
Amanda Q voiced concern on the proposed project design at Richard T. Steed Park; opined the project is proceeding without Beaches, Parks and Recreation Commission review.

Concerned Resident, San Clemente, displayed a slide concerning tax dollars being spent on the proposed project; opined the project is proceeding without proper procedure. A hard copy of the presentation is on file with the City Clerk.

Marty Weinberg, USA Pickleball Ambassador, spoke in favor of the City building new pickleball courts at Richard T. Steed Park; opined that pickleball has outgrown San Gorgonio Park.

Brad Malamud, thanked Joanne Baade for her efforts as City Clerk; opined that this project did not go through the correct committee; urged Council to continue this item to allow the new Council to consider the project.

Motion by Councilmember Knoblock, second by Councilmember Ward, CARRIED 4-1, to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-67, by and between the City of San Clemente and RJM Design Group, Inc., providing for engineering design services for the Richard T. Steed Memorial Park pickleball courts, in the amount of $404,550 with the amendment that the contract term be extended until the assigned duties are completed or until terminated by the City whichever comes first.

AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: Ferguson

27 City Council Regular and Special Meeting Minutes November 15, 2022

5. Reports
A. Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager Interim City Manager Joyce reported that the following professional service contracts were executed under his signature authority: 1) Lisa Pope, providing for commission and committee meeting minutes, in the amount of $13,500. 2) KAAM Group, third amendment to furnish and deliver 19% aqua ammonia for water treatment, in the amount of $30,000 (an increase of $10,000).

C. City Attorney
American's With Disabilities Act Accommodation
City Attorney Smith announced that Mayor Pro Tem Duncan is participating in the meeting this evening via teleconference due to an accommodation permitted under the American's with Disabilities Act. The accommodation is on file with the City Clerk.

D. Council Members
Orange County Fire Authority Community Education Outreach Councilmember Ward reviewed the contents of the of the Orange County Fire Authority outreach flyer and requested that the flyer be posted on the City's website. A hard copy of the flyer is on file with the City Clerk.

Recognition of Orange County Sheriffs Department - Fire in Marblehead Mayor James and Mayor Pro Tem Duncan recognized the efforts by Orange County Sheriffs Deputies for their quick response to a fire in Marblehead.

E. Council Subcommittee Updates
None.

6. Closed Session Report - City Attorney
None.

28 City Council Regular and Special Meeting Minutes November 15, 2022

7. Special Presentations
A. Flying Leatherneck Historical Foundation
Michael Aguilar, Brigadier General, United States Marine Corps (Retired) narrated a Powerpoint entitled "Great Park Cultural Terrace: Flying Leatherneck Aviation Museum", and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED 5-0, to agendize consideration of a monetary donation to the Flying Leatherneck Historical Foundation.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
B. October Update on the Homeless Issue
Deputy Community Development Director Atamian and Code Compliance Manager Torrico presented the City's Outreach and Engagement Report for October 2022 and responded to Council inquiries. A hard copy of the October 2022 Outreach and Engagement Report is on file with the City Clerk.

Council requested that the service resistant individuals as well as the individuals that are placed in housing but return to the streets be included in the Outreach and Engagement Report.

8. Public Hearings
None.

9. Unfinished Business
A. CONSIDERATION OF ESTABLISHING A POLICY FOR NIGHT SURFING AT THE

SAN CLEMENTE PIER
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED 5-0, to take no further action on the implementation of night surfing at the San Clemente Pier.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

29 City Council Regular and Special Meeting Minutes November 15, 2022

10. New Business
A. LETTER TO THE ORANGE COUNTY BOARD OF SUPERVISORS CONCERNING

ELECTION CONTRIBUTIONS BY UNIONS AND THE IMPACT OF INCREASES TO

OCSD COSTS/BUDGET
Mayor James withdrew the request to issue a letter to the Orange County Board of Supervisors concerning election contributions by unions and the impact of increases to San Clemente Police Services costs/budget.

MEETING RECESSED
Council recessed at 6:37 p.m. and reconvened at 7:00 p.m. with all Councilmembers present.

B. BICYCLE PARKING AT RIVIERA BEACH ACCESS
Motion by Councilmember Knoblock, second by Mayor James, CARRIED 5-0, to include this project on the FY 2023-24 Budget as part of the Capital Improvement Program due to the costs needed for construction and possible permitting, which could be $200,000 or higher depending on the improvements to the area.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. UPDATE ON PARKING VIOLATION REDUCTION AND TRAFFIC

SAFETY IMPROVEMENT PLANS ON VIA SAN GORGONIO
Amanda Q narrated a Powerpoint presentation entitled "San Gorgonio Park - Traffic Sign Additions". A hard copy of the presentation is on file with the City Clerk.

Aaron Washington spoke in support of the Staff recommendation; opined on the need for speed bumps to reduce the speed of the traffic.

Concerned Resident, San Clemente, narrated a video of traffic conditions on Via San Gorgonio and requested Beaches, Parks and Recreation reduce the overlapping of events at San Gorgonio Park.

Motion by Councilmember Knoblock, second by Mayor James, CARRIED 5-0, to:

1. Authorize San Clemente Police Services to increase parking enforcement in and around San Gorgonio Park when patrol services are available.

2. Authorize installing “Pedestrian Crossing” warning signs and “Side Roadway” signs on Via San Gorgonio for a cost of approximately $1,000 from the Public Works - Maintenance Division operation budget.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

30 City Council Regular and Special Meeting Minutes November 15, 2022 D. TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR
Amanda Q narrated a PowerPoint concerning traffic conditions at the Avenida Palizada corridor. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Knoblock, second by Mayor James, CARRIED 5-0, to include Traffic Operation Analysis for Traffic Signal Syncronization and Implementation in the upcoming FY 2023-24 Capital Improvement Project Budget.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
E. RESOLUTION AUTHORIZING SPECIFIED PAY GRADE CHANGES FOR HOURLY

PART-TIME AQUATICS CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY

PART-TIME SALARY SCHEDULE
Jayme DeBussey spoke in support of increased lifeguard pay.

Marianne Johnston spoke in support of a pay increase for lifeguards.

Jane Burke, San Clemente, spoke in support of pay increase for lifeguards.

Motion by Councilmember Ward, second by Mayor James, CARRIED 5-0, to:

1. Adopt Resolution No. 22-41 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED PAY GRADE

CHANGES FOR HOURLY PART-TIME AQUATICS CLASSIFICATIONS AND

ADOPTION OF REVISED HOURLY PART-TIME SALARY SCHEDULE AND UPDATED JOB DESCRIPTIONS AND AMENDING RESOLUTION NO. 22-29 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

2. Authorize the City Manager to establish an hourly part-time shift premium of up to 25% of the hourly rate of pay for employees working in the classification of Pool Lifeguard, Water Safety Instructor, and Head Lifeguard.

3. Fund an additional Recreation Specialist position and approve a supplemental appropriation for an additional Recreation Specialist in the amount of $62,500 to account # 001-625-41010 Salaries, Regular Full Time.

4. Approve a supplemental appropriation for pay changes to pool lifeguard positions in the amount of $107,550 to account # 001-625-41030 Salaries, Hourly Part-Time.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

31 City Council Regular and Special Meeting Minutes November 15, 2022 F. CODE AMENDMENT - PARKING RECREATIONAL VEHICLES ON CITY STREETS

AND ALLEYS
Amanda Q voiced support for the proposed code amendment; opined that the amendment should only allow four extensions and not six.

Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED 5-0, to introduce Ordinance No. 1739 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION

10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO PARKING RECREATIONAL VEHICLES ON CITY STREETS AND ALLEYS.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

11. Reports
The Reports portion of the agenda was considered earlier in the meeting. Please refer to page 8 of these minutes for a summary of that discussion.

12. Oral Communications (Part 2)
Rick Loeffler narrated a Powerpoint presentation on communications with Mayor Pro Tem Duncan and refuted public comments made at the November 1, 2022 City Council Meeting.

Concerned Resident urged Council to stop pickleball at San Gorgonio Park and questioned the procedure of installing Pickleball courts at San Gorgonio Park.

32 City Council Regular and Special Meeting Minutes November 15, 2022

13. Adjournment
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to adjourn at 9:45 to an Adjourned Regular meeting to be held on November 17, 2022 at 4:00 p.m.for the purpose of conducting interviews for the City Clerk. The next Regular Meeting to be held on December 6, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

33 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: (2)
Subject:

CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF NOVEMBER 17, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
CITY OF SAN CLEMENTE Thursday,
November 17, 2022 4:00 PM
City Council
Adjourned Regular Meeting Minutes
4:00 p.m. - City Clerk and City Treasurer
Interviews and Appointments Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on November 17, 2022 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Knoblock, Ward, and Mayor James
ABSENT: Duncan, and Ferguson
STAFF PRESENT: Joanne Baade, City Clerk; Megan Jimenez, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Councilmember Ward led the Pledge of Allegiance.

1. INTERVIEWS/APPOINTMENTS
A. CITY CLERK INTERVIEWS AND APPOINTMENT
Council interviewed the following City Clerk Applicant:

1. Laura Campagnolo
Motion by Councilmember Knoblock, second by Councilmember Ward to appoint Laura Campagnolo to the office of City Clerk to serve for the duration of the unexpired term (November 2024) of the former incumbent.

AYE: Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Duncan, and Ferguson

35 City Council Adjourned Regular Meeting Minutes November 17, 2022 B. CITY TREASURER INTERVIEWS AND APPOINTMENT
Council interviewed the following City Treasurer Applicants:

1. Charlie Smith

2. Amanda Conley
Motion by Councilmember Knoblock, second by Councilmember Ward, CARRIED 3-0 to appoint Charlie Smith to the office of City Treasurer to serve the duration of the unexpired term (November 2024) of the former incumbent.

AYE: Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Duncan, and Ferguson

2. Oral Communications
None.

3. Adjournment
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 3-0, to adjourn at 4:56 p.m. The next Regular Meeting to be held on December 6, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Duncan, and Ferguson
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

36 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: (1)
Subject:

Public Safety Committee Regular Meeting Minutes of October 25, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/23/2022
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AGENDA REPORT

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

PLANNING COMMISSION STUDY SESSION MINUTES OF NOVEMBER 16, 2022 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
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These minutes will be considered for approval at the Planning Commission meeting of 12-07-2022.

MINUTES OF THE

REGULAR STUDY SESSION

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
November 16, 2022 @ 5:00 p.m.

San Clemente City Hall
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Study Session of the Planning Commission of the City of San Clemente to order at 5:07 p.m. The meeting was offered in person at 2 nd Floor Council
Chambers at the City of San Clemente, City Hall, , located at 910 Calle Negocio, San Clemente California, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D.; Chair pro tem M. Steven Camp, Vice Chair Cameron
Cosgrove, Chair Scott McKhann
Commissioners Absent: Karen Prescott-Loeffler
Staff Present: Adam Atamian, Deputy Community Development Director Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Traffic Engineer
AGENDA
A. Review of City’s Traffic Calming Policy and Speed Hump Policy (PonsenEngineering) Engineering Division staff Zak Ponsen (Assistant City Engineer) and Ryan Kim (Senior Traffic Engineer) will provided an overview of the City’s Traffic Calming Policy & Resource Manual and the City’s Speed Hump Policy, an explanation of the application process, staff’s technical review parameters, and the Planning Commission/City Council Agenda process.

Zachary Ponsen, narrated a PowerPoint Presentation entitled, “Traffic Calming Study Session,” dated November 16, 2022. A copy of the Presentation is on file in Planning Division. The Presentation included the Traffic Calming Policy and 47 Planning Commission Study Session Minutes – November 16, 2022 Page 2 Process, measures/tools and examples of traffic calming measures in practice on City streets.

COMMISSION COMMENT/DISCUSSION
 Discussion regarding potential changes in fees for submission of Traffic Calming Measures applications from citizens and/or suggestion to increase minimum number of residents signing on at time of submission. The Commissioners largely rejected these suggestions because it is in the interest of public safety that the traffic calming measures were created and the existing minimum is adequate.  Recommended staff update the construction cost estimates for the various measures for an accurate picture of what the expenses will be before extensive research is performed/measures are considered as potential solutions.  Recommended staff update the flow chart/packet info for a clearer picture of the variety of speed calming measures that must be considered before speed cushions would be considered as a viable option.
 Established with staff that “speed cushions” is the specific variety of humps that have been approved for use by the Orange County Fire Authority (OCFA), as they pose no decrease in response time for emergency vehicles.

RECESS

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY VICE CHAIR COSGROVE AND UNANIMOUSLY CARRIED TO RECESS AT 5:55 P.M. UNTIL THE START OF THE REGULAR MEETING OF THE PLANNING COMMISSION.

Respectfully submitted,
Scott McKhann, Chair
Attest:

Adam Atamian, Deputy Community Development Director
48 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: (3)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF NOVEMBER 16, 2022 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
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These minutes will be considered for approval at the Planning Commission meeting of 12-07-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
November 16, 2022 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:10 p.m. The meeting was offered in person at San Clemente City Hall 2
nd Floor Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Chair pro tem Camp led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D.; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: Karen Prescott-Loeffler
Staff Present: Adam Atamian, Deputy Community Development Director Laura Corey, Assistant Planner
Sara Toma, Senior Planner
Ryan Stager, Deputy Assistant City Attorney

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of November 2, 2022.

IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY TO RECEIVE AND FILE THE MINUTES FROM THE NOVEMBER 2, 2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED. *
50 Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 2 *The minutes approved had previously been revised from the original packet minutes’ copy to correct a minor typographical error.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Discretionary Sign Permit (DSP) 22-151, Rayas Paradise Residential Care Facility Monument Sign (Coury)
A request to consider a 62.7 square foot free-standing monument sign at the corner of Avenida Califia and Avenida Presidente for the existing residential care facility at 101 Avenida Calafia, Raya’s Paradise.

Laura Corey, Assistant Planner, narrated a PowerPoint Presentation entitled, “Raya’s Paradise Residential Care Facility, DSP 22-151,” dated November 16, 2022. A copy of the Presentation is on file in Planning Division.

Applicant Laura Reilly, Starfish Sign & Graphics, displayed and reviewed the colors, illumination and materials proposed for the monument sign.

Mike Reilly, Starfish Sign & Graphics, discussed efforts to embellish/improve signage in conjunction with the desire from the client to submit the signage package as quickly as possible.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
 Discussed the subject property’s location as one of the gateways to the City and questioned if the sign design accurately reflected the City’s theme for that area.
 Questioned if the signage sufficiently complemented the project’s Spanish Colonial Revival Architecture.
 Discussed potential improvements suggested at the Design Review Subcommittee (DRSC) meeting, and the property owner’s decision to go with the original design.
 Commented the size of the signage was appropriate for its many functions, including ability to emergency agencies to quickly locate it, 51 Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 3 and the design was adequate for its gateway location, compatibility with the structure, and function as signage.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL, AND CARRIED 4-2-0, WITH CHAIR PRO TEM CAMP AND CHAIR MCKHANN OPPOSED, TO:
1) Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15311(a) (Class 11:

Accessory Structures); and
2) ADOPT RESOLUTION NO. PC 22-033, ENTITLED, “A RESOLUTION

OF THE PLANNING COMMISSION OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING DISCRETIONARY SIGN
PERMIT 22-151, RAYA’S PARADISE MONUMENT SIGN, A

REQUEST FOR A FREESTANDING MONUMENT SIGN AT AN
EXISTING RESIDENTIAL CARE FACILITY, LOCATED AT 101
AVENIDA CALAFIA.”
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] B. Zoning Amendment 22-395: Urban Lot Split and Two-Unit Projects (SB9) Ordinance (Toma)
A public hearing to consider Amendments to Chapter 16.50 (State-Mandated Subdivisions) and Chapter 17.86 (State-Mandated Residential Projects) of the San Clemente Municipal Code to establish objective design standards, development and subdivision standards regulating urban lot splits and twounit housing projects in accordance with California Senate Bill 9 (“SB9”).

Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Zoning Amendment 22-395, SB9 Compliance,” dated November 16, 2022.” A copy of the Presentation is on file in Planning Division.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
 Established that the City does not expect many existing lots to qualify for lot splits and tow unit projects due to the size of existing lots and expense of tear down/new construction.
 Expressed hope that the State’s mandates would be overturned after litigation, property rights, neighborhood shifts, have to approve due to penalties.
52 Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 4  Established that the Amendments proposed allow the City as much as possible to protect single family homes and maintain local control. If the City does not respond with revisions to accommodate the State mandates, the state can step in and review City projects disregarding the City’s role in the approval process.
 Suggest the City review to estimate how many properties could potentially be redeveloped under these guidelines.
 Provided minor language revisions to clarify/correct text.  Discussion of the special circumstances in high fire hazard areas.  Recommended approval under protest in order to avoid any penalties the state may sanction the Cities.
 Opined that the proposed lot splits/two housing units will negatively impact the health, safety and welfare of families living in areas that qualify for these types of developments.
 It is necessary for the Planning Commission to approve the proposed language in order to protect the City’s Housing Element and Local Coastal Program.

IT WAS MOVED BY COMMISSIONER COSGROVE, SECONDED BY

COMMISSIONER CRANDELL, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. PC-032, A RESOLUTION OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 16.50 AND CHAPTER

17.86 TI ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND
SUBDIVISION STANDARDS REGULATING URBAN LOT SPLIT AND TWOUNIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9;

AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

Amended as follows:

The Commissioners requested staff revise the document as follows:
1) The required front yard setback of 30 feet will be consistently required in both urban lot splits and two-unit housing projects. 2) With regard to tree/plant replacements for those displaced during lot split/construction projects, the trunk diameters can be combined in order to match what is to be planted with the uprooted plants. 3) The utility connections for urban lot splits must be separate for each lot; two-unit housing projects can share utility lines.

Furthermore, the Commission requested staff draft a memorandum from the Chair of the Planning Commission to City Council to express concerns about how State law overreach is negatively impacting the City’s General Plan in a way that puts the public’s health, safety and welfare at risk by pushing high density residential; said memorandum will be presented to Planning 53 Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 5 Commission Chair McKhann for review and approval before being forwarded to City Council.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Report received and filed.

12. ADJOURNMENT

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN AT 8:37 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON DECEMBER 7, 2022, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
54 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: (4)
Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF NOVEMBER 17, 2022 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
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CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
NOVEMBER 17, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on November 17, 2022 at 3:00 p.m.

The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
David Carrillo, Assistant Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Minutes from the November 3, 2022 Zoning Administrator Meeting will be deferred to the next Regular Zoning Administrator Meeting.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
There being no one present for Agenda Item 4-A, ZA Atamian reordered the Agenda Items:

B. MINOR CONDITIONAL USE PERMIT 22-064, REKINECT WELLNESS LLC ACCESSORY MASSAGE (Carrillo)
A request to allow accessory massage services at an existing beauty salon, Monday through Saturday between 10am and 7pm by appointment only.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15031 (Class1:Existing Facilities). 56 Minutes of the Zoning Administrator Meeting November 17, 2022 Page 2 Assistant Planner David Carrillo summarized the staff report.

ZA Atamian gave applicant Vanessa Macias an opportunity to address the Zoning Administrator. Ms. Macias confirmed that the services were therapeutic and that there were no intentions of expanding beyond the space in the application.

ZA Atamian opened the public hearing. There being no one present, ZA Atamian closed the public hearing.

ZA Atamian reviewed the staff reports, visited the site and is familiar with the location. ZA Atamian stated that the location is good for this type of service. The center provides good access to the public right of way. In reviewing the Resolution, ZA Atamian agreed that the Findings could be met, specifically that the use is permitted within the subject zone pursuant to the issuance of a Condition Use Permit. The site is suitable for the type and intensity of the use.

The center does provide ample parking and parking requirements are satisfied.

The proposed use will not be detrimental to public health, safety or welfare; which is accomplished through both the Orange County Sheriff’s Department and Code Compliance review of the project and their recommended Conditions of Approval. ZA Atamian is satisfied that those Conditions will maintain the use consistently with the surrounding land uses as stated in the the fourth Finding.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:

Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA22-022, and approved Minor Conditional Use Permit 22-064, ReKinect Wellness LLC Accessory Massage, subject to the Conditions of Approval.

A. SPECIAL ACTIVITIES PERMIT 22-309, HELPING HANDS WORLDWIDE FOOD DISTRIBUTION (Carrillo)
A request to hold three (3) food distribution events on the second and fourth Tuesday of the month beginning November 22 through December 27, 2022 at the underground parking structure at the Outlets located at 101 West Avenida Vista Hermosa. Event hours are between 10:30 a.m. and 11:30 a.m., with setup at 9:30 a.m. and breakdown at 11:30 a.m.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15031 (Class1:Existing Facilities).

Assistant Planner David Carrillo summarized the staff report.

ZA Atamian opened the public hearing. There being no one present, ZA Atamian closed the public hearing.
57 Minutes of the Zoning Administrator Meeting November 17, 2022 Page 3 Staff confirmed that there were no public comments received.

ZA Atamian reviewed the staff reports and is familiar with the location. ZA Atamian stated that the Outlets has been successfully providing special events and special activities for the last few years, and the food distribution events have been well managed. ZA Atamian stated that he was aware of public complaints but in reviewing the Conditions of Approval, the Findings can still be met since there are several Conditions that help the City enforce any issues that may arise from these events, specifically Condition of Approval 1.9 that states the Orange County Sheriff’s Department can shut down the event if it becomes unreasonably loud or boisterous, if it exceeds standards contained in the City’s ordinance, or results in any public safety situation. Further, the Orange County Fire Authority may also cease the event if there are any overcrowding or other hazardous occurences. With the applicant anticipating over 120 attendees to each event in addition to the number of volunteers, this Condition along with several others address any potential impacts to adjacent properties or the publics use and enjoyment of the Outlet. ZA Atamian stated that this use is permitted in the subject zone and the site is suitable for the type and intensity of the use, as the shopping center has a history of operating these uses in a manner that is not disruptive. The shopping center provides ample parking on site, this particular use being located in the underground, lower-level parking structure that will contain the use and there ample space for the special event.

The location of the event within the property is shielded from impacting nearby resident uses and will not negatively impact surrounding land uses. Further, the proposed use will not be detrimental to the public’s health, safety and welfare as the application is conditioned to ensure that should issues arise, the City and partner enforcement agencies have the ability to address issue immediately while the event is occurring.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:

Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA22-021, and approved Special Activities Permit 22-309, Helping Hands Worldwide Food Distribution – San Clemente Outlets, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None
58 Minutes of the Zoning Administrator Meeting November 17, 2022 Page 4

7. ADJOURNMENT
The meeting adjourned at 3:14 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, December 8, 2022 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
59 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: (1)
Subject:

Approve Wire Transfer Nos.
2746 through 2748 and Warrant Nos.
584642 through 584801, paid on
11-11-22, in the amount of $2,184,557.32
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/23/2022
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AGENDA REPORT

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

Approve Wire Transfer Nos.
2749 through 2755 and Warrant Nos.
584802 through 584946, paid on
11-18-22, in the amount of $1,483,755.01
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/23/2022
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84 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: (3)
Subject:

Approve Warrant Nos.
584947 through 585059, paid on
11-25-22, in the amount of $2,025,438.40
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/23/2022
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AGENDA REPORT

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

Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:

SECOND AMENDMENT WITH BANK OF THE WEST FOR BANKING AND CUSTODY SERVICES Fiscal Impact:

Yes. The cost for banking and custody services varies monthly, based on services used. These costs are offset by earnings credit on held funds.

Summary:

Staff recommends that Council extend the Professional Services Agreement with Bank of the West for banking services and authorize the City Manager to approve future extension options.

Background:

On November 15, 2011, the City Council approved the selection of Bank of the West to provide banking and custody services for the City with the initial agreement period of five years, with a fiveyear extension option. The extension option was exercised through amendment and staff wishes to extend the term of the agreement for continued banking services. Services provided by Bank of the West include account balance reporting, check clearing activity, wire transfers, ACH transactions, bill concentration, direct deposit of payroll, remittance processing, custodial and safekeeping services.

Discussion:

Staff has been satisfied with Bank of the West and found its service to be efficient, responsive and competitively priced. Bank of the West reached out to staff to extend the banking service contract for five years while maintaining the current pricing in place, which includes fixed pricing and an earnings credit rate (ECR) at 85 basis points. Analysis of current fees over a 12 month period concludes the ECR significantly offsets banking fees, essentially equaling the cost of bank services. Extending the contract will save substantial time and effort as opposed to converting banks, which, in the absence of known service shortcomings, is not a cost effective solution due to implementation and conversion costs, changes required for internal processes, and extensive staff time.

Plan and Policy Consistency:

The agreement is consistent with the Selection of General Service Contractors Procurement Policy 201-2-8.

Council Strategy:

None.

Recommended Actions:

Staff Recommendation
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/30/2022
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Meeting Date: 12/6/2022 Agenda Item: D.

Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract C11-48, by and between the City of San Clemente and Bank of the West, providing for banking services and authorize the City Manager to approve future extension options.

Attachment:

1. Second Amendment to the Professional Service Agreement for Banking Services Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/30/2022
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SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

BANKING SERVICES

This Second Amendment to Professional Contractor Services Agreement for Banking Services (this “Second Amendment”) is made and entered into on this ____ day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Bank of the West, a New York banking corporation (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Contractor Services Agreement for Banking Services (the “Original Agreement”) on November 15, 2011.

B. City and Contractor entered into that certain First Amendment to the Professional Contractor Services Agreement for Banking Services (“First Amendment”) on July 18, 2018. The Original Agreement, as modified by the First Amendment, is hereinafter referred to as the “Agreement.”
C. City and Contractor desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1: Article 1, Section 1.1 of the Agreement is hereby amended to extend the term of the Agreement to expire on November 15, 2026, thereafter the agreement will renew automatically for one-year terms upon mutual agreement between City and Contractor.

Section 2: Article 1, Section 1.1 of the agreement is hereby amended to allow the City Manager or his or her designee to have the authority on behalf of the City to administratively approve one-year extension terms.

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

BANK OF THE WEST
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

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AGENDA REPORT

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

Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:

COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL) LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT REPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2022.

Fiscal Impact:

None.

Summary:

To be in compliance with the Local Agency Special Tax and Bond Accountability Act of the Government Code of the State of California (Sections 50075.1 and 53410), City Council must accept and file the report for Community Facilities District (CFD) No. 2006-1 (Marblehead Coastal) for the Fiscal Year ended June 30, 2022.

Background:

Community Facilities District (CFD) No. 2006-01 (Marblehead Coastal) of the City of San Clemente issued 2015 Special Tax Bonds on December 3, 2015.

An annual report is required of the CFD that includes information prepared in compliance with the Local Agency Special Tax and Bond Accountability Act (“Accountability Act”). The Accountability Act was enacted by California State Legislature through Senate Bill (SB) 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying the special tax and or issuing a bond measure and shall contain a description of the following:
(1) The amount of funds collected and expended.
(2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

Discussion:

An Improvement Fund was established pursuant to a Fiscal Agent Agreement executed in connection with the issuance of the 2015 Special Tax Bonds (“Bonds”), of which proceeds of the Bonds shall be deposited and disbursed for the costs of the authorized facilities. As of June 30, 2022, the balance in the Improvement Fund was $2,943,500.03.

The Community Facilities District No. 2006-1(Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB165) is attached (Attachment 1) and includes information regarding the amount of annual Special Taxes collected and the authorized expenditures for Fiscal CITY OF SAN CLEMENTE Page 1 of 2 Printed on 11/29/2022
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Meeting Date: 12/6/2022 Agenda Item: E.
regarding the amount of annual Special Taxes collected and the authorized expenditures for Fiscal Year 2021-22.

Plan and Policy Consistency:

None.

Council Strategy:

None.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council accept and file the Community Facilities District No. 2006-1 (Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the Fiscal Year ended June 30, 2022.

Attachment:

1. Community Facilities District No. 2006-1(Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB165)
Notification:

Kara Meverden, Koppel & Gruber Public Finance
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 11/29/2022
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CITY OF SAN CLEMENTE
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(MARBLEHEAD COASTAL)

LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT COMPLIANCE (SB 165)
FISCAL YEAR ENDED JUNE 30, 2022
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City of San Clemente
Erik Sund, City Manager
Jake Rahn, Financial Services Officer
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
T. 949.361.8200
F. 949.361.8283
Bond Counsel
Best, Best & Krieger LLP
655 W. Broadway, 15th Fl
San Diego, CA 92101-3542
T. 619.525.1300
F. 619.233.6118
Fiscal Agent
Phong Truong, Senior Analyst, Client Services
The Bank of New York Mellon Trust Company, N.A.
400 South Hope Street, Suite 500
Los Angeles, CA 90071
T. 213.630.6465
F. 213.630.6215
Special Tax Administrator
Scott Koppel/Kara Meverden
Koppel & Gruber Public Finance
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290
F. 760.510.0288
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TABLE OF CONTENTS
A. BACKGROUND.......................................................................... 1 B. BOND PROCEEDS .................................................................... 2 C. CITY-HELD FUNDS..................................................................... 3 D. COLLECTION OF SPECIAL TAXES ........................................... 4 E. EXPENDITURES TO FUND AUTHORIZED FACILITIES ...............5 F. AUTHORIZED FACILITIES ......................................................... 6 106
City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 1 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
A. BACKGROUND
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002 and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Section has been compiled and is being presented pursuant to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2021/22.
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City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 2 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
B. BOND PROCEEDS
Community Facilities District No. 2006-1 (Marblehead Coastal) (“CFD No. 2006-1”) of the City of San Clemente (“City”) issued 2015 Special Tax Bonds (“Bonds”) on December 3, 2015 in the aggregate principal amount of $55,490,000. Proceeds of the Bonds were used to finance the construction of certain facilities within CFD No. 2006-1. The table below summarizes the application of the Bond proceeds:

BOND PROCEEDS

FUND/ACCOUNT/SUBACCOUNT BOND PROCEEDS
Improvement Fund $51,600,000.00
Bond Fund1 1,989,713.89
Costs of Issuance Fund 732,809.65
Reserve Fund 4,697,950.96
Administrative Expense Fund 30,000.00
TOTAL2 $59,050,474.50 1 Represents monies used to fund interest on the Bonds through September 1, 2016. 2 Total Bond proceeds deposited include the Original Issue Premium and exclude the Underwriter’s Discount.
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City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 3 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
C. CITY-HELD FUNDS
Special Taxes collected are held by the City prior to being transferred to the Bond Fund held by the Fiscal Agent. The balance of the CFD No. 2006-1 City-held funds that are not required to fund items pursuant to and as further described in the CFD No. 2006-1 Fiscal Agent Agreement (“FAA”) established in connection with the issuance of the Bonds may be used to fund authorized facilities of the CFD. The following table provides a summary of the sources and uses of the CFD No. 2006-1 special tax funds held at the City for fiscal year ended June 30, 2022.

CITY-HELD FUNDS

ITEM BALANCE
BEGINNING BALANCE AS OF JULY 1, 2021 $2,368,370.81
Sources of Funds
Special Tax Receipts1 3,084,920.94
Interest Accrued 14,502.19
Miscellaneous Transfers (in) 0.00
Subtotal: Sources $3,099,423.13
Uses of Funds
Transfers to Bond Fund2 ($3,268,971.12)
Administrative Expenses (43,417.66)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $3,312,388.78
ENDING BALANCE AS OF JUNE 30, 2022 $2,155,405.16 1 Includes Special Taxes and any delinquent amounts collected by the County and transferred to the City. Excludes any special taxes that were charged for FY 2021/22 but not apportioned to the City until after June 30, 2022. 2 Represents funds used for the September 1, 2021 and March 1, 2022 debt service payments and funds used to conduct a bond call on September 1, 2021. 109
City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 4 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
D. COLLECTION OF SPECIAL TAXES
The table below provides a summary of the Special Taxes deposited, interest accrued, transfers, and other transactions within the Bond Fund for fiscal year ended June 30, 2022.

BOND FUND

ITEM BALANCE
BEGINNING BALANCE AS OF JULY 1, 2021 $1.08
Sources of Funds
Special Tax Receipts $2,949,671.12
Interest Accrued 3.16
Miscellaneous Transfers (in)
1 319,300.00
Subtotal: Sources $3,268,974.28
Uses of Funds
Transfers to Principal and Interest Accounts (Debt Service) ($2,949,675.00) Miscellaneous Transfers (out)1 (319,300.00)
Transfers to Administrative Expense Fund 0.00
Subtotal: Uses ($3,268,975.00)
ENDING BALANCE AS OF JUNE 30, 2022 $0.36 1 Represents funds received from parcel owner prepayments and used to conduct a bond call on September 1, 2021.
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City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 5 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
E. EXPENDITURES TO FUND AUTHORIZED FACILITIES
The FAA established an Improvement Fund of which proceeds from the Bonds shall be deposited and disbursed for the costs of the authorized facilities. The following table shows the initial Bond proceeds deposited, interest accrued, transfers and expenditures made to fund the Facilities from bond inception through June 30, 2022 for the Improvement Fund.

Improvement Fund

ITEM BALANCE
Sources of Funds
Initial Bond Proceeds Deposited $51,600,000.00
Interest Accrued 906,984.77
Total Sources $52,506,984.77
Expenditures
Facilities ($49,563,484.74)
Total Expenditures ($49,563,484.74)
Ending Balance as of June 30, 2022 $2,943,500.03
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City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 6 Local Agency Special Tax and Bond Accountability Act Compliance (SB 165) Fiscal Year Ended June 30, 2022
F.AUTHORIZED FACILITIES
The purpose of CFD No. 2006-1 is to provide for the cost of financing the construction and engineering design of the Facilities (described generally below), the payment of development impact fees and the incidental expenses related to financing, forming and administering CFD No. 2006-1. Descriptions of the authorized Facilities are as follows:
• Arterial Roadways
o Ave. Vista Hermosa
o Ave. Vista Hermosa Bridge
o Ave. Pico
o El Camino Real
• Local Public Roadways
o Los Molinos & Via Socorro
• Public Parks & Trails
o Sports Park
o Pico Park
o 2 Passive Parks
o Regional Public Trails
o Courtney Sand Castle
o Artificial Turf (Sports Park)
• Storm Drains
o Offsite Drain Line
o Residential Drain Lines
• Low-Flow 1st Flush System
o Off-site system
o Residential System
• Water System
o Offsite 12” Line
o Residential Line with 2 PRS
• Sewer System
o Offsite 12” Line
o Residential Line
• Fees and Assessment
o Transportion RCFPP (Residential Portion)
o Water Capacity and Connection Fee (Residential Portion) o Sewer Assessment District No. 85-1 Obligation
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AGENDA REPORT

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

Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR MONTHLY

METER READING
Fiscal Impact:

Yes. The Fiscal Year 2022-23 budget includes $217,000 in Other Contractual Services (052-461- 43890) for the proposed monthly meter reading charges.

Summary:

On March 15, 2007, the City executed a Professional Services Agreement with Alexander's Contract Services Incorporated (ACS) to perform monthly meter reading. On January 5, 2016, the City entered into a Second Amendment to extend the contract and has since memorialized the agreement with an annual purchase order. Staff recommends extending the agreement by amendment for an additional five-year term, with future one-year extension options.

Background:

The City utilizes a contract meter reading service to perform monthly meter reads for the City's Water Utility Department. In August 2006, SDG&E terminated meter reading contract services and staff issued a Request for Proposal (RFP) to seventeen firms, resulting in a single proposal from ACS.

The City negotiated and entered into a professional service agreement with ACS in March 2007.

Contract meter reading services have proven to be a cost effective solution for obtaining monthly meter reads necessary to produce the City's utility bills.

Discussion:

Continuous meter reading services are critical for the City’s Utility Billing Division to charge residents for water usage to support water suplly purchases and associated infrastructure maintenance. Over the past 15 years ACS has performed accurate meter reading services to the satisfaction of the City.

ACS is an industry leader in public utility meter reading with more than 50 years of experience. The contractor has implemented cost saving features such as certified meter reads, which has saved significant staff time and improved efficiency. Because of the contractor’s unique familiarity with the City, quality of service, pre-paid set-up fees, and limited competition, staff recommends extended the term of the agreement for an additional 5 years with automatic 1-year renewal terms upon mutual agreement between City and Contractor. Contract cost for manual meter reads will continue to be adjusted annually based on the Consumer Price Index.

Plan and Policy Consistency:

The agreement is consistent with the Selection of General Service Contractors Procurement Policy 201-2-8.

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Meeting Date: 12/6/2022 Agenda Item: F.

Council Strategy:

None
Recommended Actions:

Staff Recommendation

1. Approve and authorize the City Manager to execute the Third Amendment to the Professional Services Agreement for Meter Reading Services by and between the City of San Clemente and Alexander’s Contract Services Incorporated.

2. Authorize the City Manager to execute one-year extension options upon staff determination that the contracted services remain satisfactory.

Attachment:

1. Third Amendment to the Professional Services Agreement with Alexander’s Meter Reading Notification:

None
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1 THIRD AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

MONTHLY METER READING SERVICES
This Third Amendment to Professional Consultant Services Agreement for monthly meter reading services (this “Third Amendment”) is made and entered into on this ____ day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and ALEXANDER’S CONTRACT SERVICES INC. (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Monthly Water Meter Reading (the “Original Agreement”) on March 15, 2007 .

B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Monthly Water Meter Reading (“First Amendment”) on June 19, 2012 .

C. City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Monthly Water Meter Reading (“Second Amendment”) on January 5, 2016 . The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.

D. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1: CITY hereby acknowledges that it exercised its right to extend the terms of the Agreement by continuing services with CONSULTANT from July 1, 2017 to June 30, 2022, via annual purchase order, and
Section 2: The Agreement is hereby amended to extend the term thereof for an additional five (5) year period, commencing on July 1, 2022 and expiring June 30, 2027. Thereafter, the agreement will renew automatically for one-year terms upon mutual agreement between City and Contractor.

Section 3: Article 6 of the Agreement is hereby amended to include the requirement of a 90 day termination notice by CITY and CONTRACTOR.
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2 Section 4: In addition to those services to be performed by CONTRACTOR under the agreement, CONTRACTOR shall also perform those services listed in Exhibit “A” of this Third Amendment, attached hereto and incorporated herein by reference, and at the rates defined therein.

Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.
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3 IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

ALEXANDER’S SERVICES INC.
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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EXHIBIT "'A"
Services and Fee
Schedule
Base charge for meter reads:

July 1, 2022 – June 30, 2023 $1.09 per read
**Subsequent years to be adjusted annually each July 1, beginning July 1, 2023, based on the CPI for All Urban Consumers for Los Angeles-Long Beach-Anaheim, California areas as published by the U.S. Bureau of Labor Statistics** Fuel Surcharge
A fuel surcharge shall be applied if gasoline prices equal or exceed $4.50 per gallon for a continuous six (6) month period during the term of this Third Amendment as follows:

Following six continuous months of prices equal to or in excess of $4.50 per gallon, a 1% of the base meter charge then in effect shall be applied and an "adjusted base meter charge" shall be charged thereafter. For each additional $0.50 increment above the $4.50 price per gallon price, an additional 1% of the adjusted base meter charge shall be added.

If a fuel surcharge has been applied, as defined above, and the price per gallon decreases in $0.50 increments for a continuous six month period, each 1 % surcharge previously applied per
$0.50 increment shall be removed.

Certified Reads
Cost per Certified Read $1.00
Customer Service
Any customer service or conservation service including but not limited to obtaining meter reads for service activation/deactivation, locking off meters for discontinuation of service for non-payment, unlocking and restoring service after payment, door hangers, high usage investigation, leak investigations and conservations surveys.

First customer service visit of the day
Additional same day customer service visits
Direct to Consumer (DTC)
$65.00
$8.00
$19.95 per month /per endpoint
City can elect to offer to the residents of the service area a cellular conservation register under the Direct to Consumer program. Contractor will install and manage register at location plus grant access and set-up the consumer portal for the resident to individually manage their water conservation data through the SWiM Networks.
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AGENDA REPORT

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

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

SENIOR AQUATICS PARTNERSHIP - SAN CLEMENTE AQUATICS
Fiscal Impact:

Yes, approval of this partnership agreement would result in the City subsidizing approximately $186,100 in annual pool usage fees for the swim team, based on prior years’ usage.

Summary:

Staff recommends the Council approve a Senior Aquatics Partnership with the San Clemente Aquatics Team. The purpose of the partnership is to allow for discounted use of the City’s pools and prioritize usage to ensure the team has access to pool space.

Background:

The Recreation Sports Partnership policy was adopted by the City Council in 2011 to enable the City to subsidize youth sports groups to encourage and promote the various seasonal sports on a yearround basis within the city limits and to make the best and most efficient use of the City’s amenities, fields, and aquatic facilities. Partnering with select outside organizations/associations for sports programs allows service to a larger portion of the community.

A formal Aquatics Partnership Policy was adopted in 2014 to accommodate the differences between Aquatics programs and Recreation activities (Attachment 1). San Clemente Aquatics (“SCA”) has been formally recognized as a Senior Aquatics Partner since this time.

The minimum requirements to receive Senior Partnership status include the following: (1) the organization has provided the aquatics program in San Clemente for at least five years; (2) has at least 300 participants, with 90% being San Clemente residents; and (3) games, meets, tournaments, and practices must be conducted in San Clemente.

The table below provides the approved discounts for hourly lane use as well as for meets, tournaments, camps, and clinics. Discounts are not offered on private lessons.

Level of Partnership Lane
Discount
Meet/ Tournament
Discount
Camp/Clinic
Discount
Aquatics Junior 50% 50% Off Peak No
Discount Peak
No Discount
Aquatics Senior 60% 60% Off Peak No
Discount Peak
No Discount
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Meeting Date: 12/6/2022 Agenda Item: G.

Level of Partnership Lane
Discount
Meet/ Tournament
Discount
Camp/Clinic
Discount
Aquatics Junior 50% 50% Off Peak No
Discount Peak
No Discount
Aquatics Senior 60% 60% Off Peak No
Discount Peak
No Discount
The Agreement with SCA expired in November 2021 but has continued on a month-to-month basis given the pause in services and limitations through the COVID-19 Pandemic. In September 2022, staff received an application from SCA for a Senior Partnership (Attachment 2).

At its October 11, 2022 meeting, the Beaches, Parks & Recreation Commission reviewed the partnership application from SCA and recommended the City Council approve a one-year Senior Partnership Agreement with two possible one-year extensions.

Discussion:

SCA is a recognized non-profit organization that has utilized the City’s aquatics facilities for over 40 years supporting competitive swimming opportunities for San Clemente youth. SCA is a year-round program and does not have a designated primary season. It is primarily a club program (about 60%), with the remainder of activity (about 40%) being recreational. As long as the swimmer is swim-safe, SCA does not turn swimmers away regardless of skill level.

The program is managed with volunteers, paid coaches, and administrative staff. Based on SCA’s 2021 tax returns (Attachment 3), approximately 48% of their expenditures were distributed to salaries, compensation, and other employee benefits. According to their current fiscal year program budget, approximately 59% of expenses are allocated to administrative costs including coaching salaries, employee benefits, payroll, and other fees.

Per the partnership application process, SCA provided recent rosters that reflected 344 participants in their program. After review, staff determined that 340 swimmers met the qualifications as participants in SCA. Individuals removed from the count were identified as participants over 18 years old. Note the submitted rosters included the headcount of a new entry swim instruction program called “Barracudas.” Barracudas is not a year-round program and only operates for 8-weeks during the summer. Of the 340 participants, 89.4% were identified as San Clemente residents.

The Senior Aquatic Partnership Policy requires that 90% of participants reside in San Clemente and provides for a three-year agreement. SCA identified that its membership significantly declined through the COVID-19 pandemic as many swimmers were hesitant to return to regular use. Since returning to full use of the pool, without restrictions, in June 2021, SCA has continued to see a steady increase in membership.

In light of this and the longstanding partnership with SCA, staff and the Beaches, Parks & Recreation Commission recommend City Council approve a one-year Senior Partnership Agreement with SCA, allowing the organization to increase its resident participants and meet the 90% residency requirement within the coming year (Attachment 4). Staff will continue to work with SCA in the coming year and will develop a system for accountability and check-ins on membership numbers.

Additionally, in the coming year, the SCA Board of Directors and Executive Team have expressed an interest in providing monetary donations towards capital improvements and equipment upgrades at the San Clemente Aquatics Center. Staff is committed to working with the organization towards executing these project(s) successfully through the regular budget process.

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Meeting Date: 12/6/2022 Agenda Item: G.

Plan and Policy Consistency:

The approval is consistent with the following General Plan Goals and Policies:
· Recreation Programming Goal. Offer a wide range of creative, safe and enjoyable recreational opportunities for persons of all ages, abilities and financial status to enrich the lives of all San Clemente residents.
· Policy BPR-1.01. Programming. We program our parks and other recreation facilities for efficient and creative uses, consistent with the type of facility, user groups served, and community needs, and with the Beaches, Parks and Recreation Master Plan. · Policy BPR-1.04. Partnerships. When appropriate, we partner with non-profit organizations, businesses, and agencies to provide high-quality, comprehensive recreational and educational programming, and affordable special events for residents.

The approval is consistent with Policy No. 702-5, Recreational Sports Partnerships, of the Policies & Procedures in that it abides by the purpose of the policy to support and encourage sports on a yearround basis to make the best and most efficient use of the City’s amenities and facilities.

Council Strategy:

The approval is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that it provides for a quality competitive swim program for San Clemente’s youth to develop as young athletes.

Recommended Actions:

Staff Recommendation

1. Staff and The Beaches, Parks & Recreation Commission Recommend that the City Council grant Senior Aquatics Partnership status to San Clemente Aquatics for a one-year agreement with two possible one-year extensions.

2. Approve, and authorize the City Manager to execute the Senior Aquatics Partnership agreement, with two possible one-year extensions.

Attachment:

1. Aquatic Partnership Policy

2. San Clemente Aquatics Partnership Application

3. Financial Information

4. Draft Senior Aquatic Partnership Agreement - San Clemente Aquatics Team Notification:

San Clemente Aquatics Team
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PAGE 1
City of San Clemente
Beaches, Parks & Recreation Department
987 Avenida Vista Hermosa, CA 92673
Phone: (949) 429-8797

APPLICATION FOR AQUATIC PARTNERSHIP STATUS
Must be completed by an authorized representative of the organization. Attach extra pages as needed.

It is the desire of the City of San Clemente to encourage and promote various Aquatics programs for its residents on a year-round basis within the city limits, and to make the best and most efficient use of City’s amenities, pools and facilities. The City’s focus is to provide low cost recreational programs that promote health, wellness and character. The city will consider partnerships with nonprofit organizations by providing reduced rental rates, pool allocation priorities, and limited support services, which may include site preparation and maintenance, periodic pool improvements as needed and limited administrative/clerical support. By selecting non-profit organizations with similar missions with which to partner, the City may assist in providing these services.

For a non-profit organization to qualify for Senior or Junior Recreation Aquatics Partnership, they must meet the minimum requirements and criteria listed in section 3.1 and must meet the definitions for a Senior or Junior Partner listed below.

Senior Partnership: Must have provided the sports program for City for at least five years, and currently have at least 300 participants, 90% of whom reside in the City. Swim meets, tournaments, and practices must be conducted in San Clemente boundaries.

Junior Partnership: Must have provided the sports program for City for at least two years, and currently have at least 100 participants, 75% of whom reside in the City of San Clemente.

The Organization is seeking:

Senior Partner Status
Has the Organization been granted partnership status in the past? YES If yes, what year? What level? Senior

GENERAL INFORMATION
Name: San Clemente Aquatic Team Federal Tax ID#: 33-0112862 Main Contact: Jason York CA Domestic Non-Profit#: CA #
E-Mail: Primary Phone:

Address: Alternate Phone:

Years serving San Clemente: 48
Sport/Activity: Swimming Ages Served: 5-19
$77$&+0(17
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APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 2

PROGRAM INFORMATION

PRIMARY SEASON INFORMATION
Primary Season Dates: Year-round
# Participants Registered Last Year: 344 % San Clemente residents: 90% # Participants Anticipated This Year: 350 % San Clemente residents: 90% Do players tryout based on skill? Yes
% Participation in recreation-based program: 35%
% Participation in skill-based (Club, Select, etc.) program: 65% Are players guaranteed minimum swim time? No
If yes, how much and explain?
Itemize Costs to Participants (including required equipment purchase – attach pages as needed):

Monthly dues: $105-$220; $100 Team Registration; $77 USA Swimming Registration; group equipment varies. All swimmers need kickboard and fins. Advanced groups also need snorkel, hand paddles.

SECONDARY SEASON INFORMATION
Secondary Season Dates: NA
# Participants Registered Last Year: % San Clemente residents:
# Participants Anticipated This Year: % San Clemente residents:

Do players tryout based on skill? ܆ Yes ܆No
% Participation in recreation-based program:
% Participation in skill-based (Club, Select, etc.) program:

Are players guaranteed minimum swim time? ܆Yes ܆ No
If yes, how much and explain?
Itemize Costs to Participants (including required equipment purchase – attach pages as needed):
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APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 3

ORGANIZATION STRUCTURE
List the programs and/or sub-divisions offered by your organization:

Title # of
Participants
% San Clemente
Residents
Cost to
Participate
Skills/Tryout
Based?
Team Swimmers 344 90% $105-$220/monthly YES
% ܆ Yes ܆ No
% ܆ Yes ܆ No
% ܆ Yes ܆ No
% ܆ Yes ܆ No
% ܆ Yes ܆ No
% ܆ Yes ܆ No
How are the following activities performed:

BOARD OF DIRECTORS: = Volunteer
COACHES: Paid
COORDINATORS: = Volunteer
**All applicants must fill out Attachment “A” to provide detailed budget information.

How does your organization select/place swimmers on each team/group during the primary and secondary seasons? Is there any carry-over of swimmers to the same team for the next season? SCAT is a year-round swim team. Swimmers are placed in groups according to age and skill. For safety reasons, all swimmers must be able to swim across the pool freestyle. There is a carry-over from year to year as the swimmers move through our structure. Our entry level begins with Mini-Tritons > Bronze Group > Silver Group> Gold Group> Platinum Group> Senior Group> National Group; we also have a FitPrep Group for seasonal swimmers trying to prepare for their high school sports. Per city instructions, we are not a swim lesson program.

Describe the expectations of parents and/or participants in the form of volunteering (including tasks, number of hours, and if there is a monetary donation expected)? Is there a penalty for non-volunteers? Families with swimmers in Silver, Gold, Platinum, Senior and National groups have 20 service hours per year.

Families with swimmers in our non-competitive groups, Bronze and FitPrep do not have service hours. Families will incur a penalty for non-participation of service hours. That fee is $50/hour. Families have numerous team event opportunities to volunteer and earn service hours.

Describe what circumstance an interested participant would be denied acceptance into your program.

If the child cannot swim and needs to attend swim lessons, they would be denied participation on the swim team and referred to city programming.

Does your organization offer camps, clinics, or, private lessons? YES - Clinics If yes, list times, dates, and cost(s) to participants. **We currently have no plans to host any of the above, but will plan to host a clinic in the future. Currently, cost are unknown, but would range between $100 - $200 for a 4 hour clinic, depending on the experience and “celebrity” of the clinician.
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APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 4
Does your organization offer programs for the disabled and/or an inclusive program? Yes If yes, describe program and include times, dates and costs to participants.

We are inclusive of any child that can meet the minimum swim requirements. In addition, we currently have a coach becoming “para-athlete” certified so that we can also be inclusive of those who cannot meet the minimum swim requirements.

Does your organization host meets? Yes
If yes, how many and what’s the (%) of non-resident teams? We host three (3) competitions each year and all teams other than SCAT are non-residents.

What percentage of meets are held outside of San Clemente? All, with the exception of the meets we host.
90%
Does your organization compete against out of area/non-resident teams? Yes What percentage of meets are held against out of area teams? 100 % List all other organizations with which your teams compete/participate in? USA Swimming sanctioned meets only.

SCHOLARSHIP PROGRAMS
Does your organization provide scholarships and/or reduced rate for low-income families? Yes
If yes, provide the number of full scholarships each season, the amount per child, and the criteria for awarding the scholarship below.
# Full Scholarships Scholarship Amount/Child Scholarship Criteria

PRIMARY
Swimmer pays 20%/Team funds
80% of monthly dues.

To qualify for the Outreach Athlete Registration,
the athlete's family must meet the eligibility
requirements of at least one of the following:
◊Calworks ◊ Covered California/Medi-Cal ◊
Homeless Coalition ◊ Section 8 Housing ◊ SNAP ◊
Family income at or below the state poverty level ◊
Individual Free School Lunch Program *

SECONDARY
Number of Partial Scholarships/Reduced Rates Primary Season: We currently have 1 scholarship athlete.

Number of Partial Scholarships/Reduced Rates Secondary Season:

Discount amount per child: $2,112/Year
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APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 5
Reduced Rate Criteria:

ADDITIONAL ORGANIZATIONAL INFORMATION
Does your organization have a current certificate of insurance and endorsements? Yes Has your organization’s insurance ever lapsed? No
If yes, list date(s) and brief explanation.

Has your organization been the subject of any investigation (past or pending) by any government or administrative agency, whether at the City, County, State or Federal level? No If yes, list date(s) and brief explanation.

Is your organization up to date on all outstanding balances with the City? YES If no, list current account balance and anticipated date of receipt of payments? Has your organization demonstrated a history of adherence to City rules, policies and allocations? Please explain.

Absolutely. We strive to be a good partner and represent San Clemente in a positive manner.

Please describe your organization’s philosophy.

San Clemente Aquatics emphasizes quality in coaching and challenging individual training. This gives our athletes the opportunity to develop a strong work ethic, life skills, as well as athletic ability and a positive and healthy attitude to achieve their highest potential in a safe environment. 129

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 6
Please tell us how your organization is going to have a symbiotic relationship with the City.

We are San Clemente. Our team was established in San Clemente in 1974 and we are proud to be a partner. We submit permits in a timely fashion, we pay ahead of our rental use and the expectation is the relationship should improve each season.

If your organization was selected as a Senior or Junior Partner, please tell us what benefits you would provide back to your organization and the community.

To the organization we provide quality coaching that teaches life skills and an environment that creates life-long friends. Our team is a family. To the parents and community, we provide a safe outlet for our youth to exercise, stay fit, explore their talents, compete to their full potential, stay out of trouble and learn time management skills that will help them in the future. Swimmers always top the GPA rankings of high school student athletes teams.

If your organization was denied partnership, please describe what hardships your organization would encounter.

If we were denied Senior Partnership, we would not be able to continue the team (at the Aquatic Center). Nonpartnership rental rates would make monthly dues prohibitive and outside of most family’s recreation budget.

PLEASE ATTACH ALL OF THE FOLLOWING:

All items on the checklist provided below must be submitted in order to consider your application complete.

Incomplete applications will not be considered.
o Proof of federal non-profit status and CA domestic non-profit status (Kym) o Program objectives, philosophy or mission statement
o List of current board members; including name, position, and contact information o Articles, bylaws and other charter documents
o A program budget (Use Attachment “A” for detailed budget or supply your own organization’s format) o Profit/loss statement or audited financial statement
o Last THREE years of tax returns for San Clemente sports program; if part of a district, regional, or nationally based organization the City is requesting tax and/or financial information that is sent to the larger Parent organization.
o Last primary season’s game/meet schedules including number of teams and game/meet locations o Player registration record, including addresses for Primary and Secondary Seasons o Current Certificate of liability insurance and endorsement letter 130
Sep '22 - Aug 23
Ordinary Income/Expense
Income
Team Revenue
SC Barracuda Program 11,275.00
3051 · Swimmer Registration Fee 26,500.00
3520 · Meet Entry Fees 8,000.00
4003 · Monthly Dues (Regular) 351,000.00
SM-4010 · Swim Meets 45,000.00
Total Team Revenue 441,775.00
3052 · Service Hours 15,600.00
Total Income 457,375.00
Gross Profit 457,375.00
Expense
Equipment (Dry Land) 1,500.00
Scholarship/Swimmer Assistance 3,000.00
Travel Meet 1,500.00
GE-5000 · Team Expense
CE-6000 · Coaching Expense 278,778.20
CE-6950 · Travel Expense 10,000.00
FE-8000 · Facility Rental Expense 132,000.00
GE-5010 · Professional Expense-Legal 2,000.00
GE-5100 · Insurance 1,000.00
GE-5200 · Merchant Card Charges 15,000.00
OE-8000 · OFFICE/DECK EXPENSE 34,660.00
Total GE-5000 · Team Expense 473,438.20
Total Expense 479,438.20
Net Ordinary Income -22,063.20
Other Income/Expense
Other Income
4400 · BOOSTER CLUB
4401 · Fundraising 26,775.00
Total 4400 · BOOSTER CLUB 26,775.00
Total Other Income 26,775.00
Other Expense
Booster Club Account Expenses
Banquets 4,300.00
5:24 PM San Clemente Aquatic Team Corporation
08/30/22 Profit & Loss Budget Overview
Accrual Basis September 2022 through August 2023

$77$&+0(17
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Sep '22 - Aug 23
Goodwill 100.00
Group Money 300.00
Swimmer Incentives 2,000.00
Team Social Events 4,200.00
Total Booster Club Account Expenses 10,900.00
Total Other Expense 10,900.00
Net Other Income 15,875.00
Net Income -6,188.20
5:24 PM San Clemente Aquatic Team Corporation
08/30/22 Profit & Loss Budget Overview
Accrual Basis September 2022 through August 2023

132
OMB No. 1545-0047
Form 990
Return of Organization Exempt From Income Tax 2021
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) G Open to Public Department of the Treasury Do not enter social security numbers on this form as it may be made public.

Internal Revenue Service G Go to Inspection www.irs.gov/Form990 for instructions and the latest information.

A For the 2021 calendar year, or tax year beginning , 2021, and ending , 20 B Check if applicable: D Employer identification number Address change
Name change E Telephone number
Initial return
Final return/terminated
Amended return G Gross receipts $
Application pending F Name and address of principal officer: H(a) Is this a group return for subordinates? Yes No H(b) Are all subordinates included? Yes No
If "No," attach a list. See instructions.

I Tax-exempt status: 501(c)(3) 501(c) (insert no.) 4947(a)(1) or 527 ()H J Website: G H(c) Group exemption number G
K Form of organization: Corporation Trust Association Other Year of formation: State of legal domicile: G LM Part I Summary
1 Briefly describe the organization's mission or most significant activities:
2 Check this box G if the organization discontinued its operations or disposed of more than 25% of its net assets. 3 Number of voting members of the governing body (Part VI, line 1a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Number of independent voting members of the governing body (Part VI, line 1b). . . . . . . . . . . . . . . . . . . . . . . 4 5 Total number of individuals employed in calendar year 2021 (Part V, line 2a) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Total number of volunteers (estimate if necessary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7a Total unrelated business revenue from Part VIII, column (C), line 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a b Net unrelated business taxable income from Form 990-T, Part I, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7b Prior Year Current Year
8 Contributions and grants (Part VIII, line 1h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Program service revenue (Part VIII, line 2g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d). . . . . . . . . . . . . . . . . . . . . . . . . 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e). . . . . . . . . . . . . . . . 12 Total revenue ' add lines 8 through 11 (must equal Part VIII, column (A), line 12). . . . . 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3). . . . . . . . . . . . . . . . . . . . . . 14 Benefits paid to or for members (Part IX, column (A), line 4). . . . . . . . . . . . . . . . . . . . . . . . . . 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10). . . . . . 16a Professional fundraising fees (Part IX, column (A), line 11e). . . . . . . . . . . . . . . . . . . . . . . . . . b Total fundraising expenses (Part IX, column (D), line 25) G 17 Other expenses (Part IX, column (A), lines 11a-11d, 11f-24e). . . . . . . . . . . . . . . . . . . . . . . . . 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25). . . . . . . . . . . . . 19 Revenue less expenses. Subtract line 18 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Beginning of Current Year End of Year
20 Total assets (Part X, line 16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Total liabilities (Part X, line 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Net assets or fund balances. Subtract line 21 from line 20. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Signature Block
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge.

A Date Sign
Here A Type or print name and title
Preparer's signature Date PTIN Check if
Paid self-employed
Preparer Firm's name G
Use Only Firm's address G Firm's EIN G
Phone no.

May the IRS discuss this return with the preparer shown above? See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No BAA For Paperwork Reduction Act Notice, see the separate instructions. TEEA0101L 09/22/21 Form 990 (2021) C
SAN CLEMENTE AQUATIC TEAM CORPORATION 33-0112862
X
N/A
201,148. 274,680.
49,298. 0.
250,446. 274,680.
-84,304. 73,532.
350,919. 482,557.
154,598. 249,868.
196,321. 232,689.
266,615. 556,089.

16. 26.
266,599. 478,563.
77,500.

0. 0.
75 8
7 7
X 1975 CA
556,089.

PRESIDENT
X
X

SAN CLEMENTE AQUATIC TEAM IS AN USS

REGISTERED YEAR-ROUND COMPETITIVE SWIM TEAM OFFERING COMPETITIVE STROKE INSTRUCTION TO CHILDREN AGES 5-19.

SAME AS C ABOVE
133
OMB No. 1545-0047
Form 990
Return of Organization Exempt From Income Tax 2020
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) G Open to Public Department of the Treasury Do not enter social security numbers on this form as it may be made public.

Internal Revenue Service G Go to Inspection www.irs.gov/Form990 for instructions and the latest information.

A For the 2020 calendar year, or tax year beginning , 2020, and ending , 20 B Check if applicable: D Employer identification number Address change
Name change E Telephone number
Initial return
Final return/terminated
Amended return G Gross receipts $
Application pending F Name and address of principal officer: H(a) Is this a group return for subordinates? Yes No H(b) Are all subordinates included? Yes No
If "No," attach a list. See instructions
I Tax-exempt status: 501(c)(3) 501(c) (insert no.) 4947(a)(1) or 527 ()H J Website: G H(c) Group exemption number G
K Form of organization: Corporation Trust Association Other Year of formation: State of legal domicile: G LM Part I Summary
1 Briefly describe the organization's mission or most significant activities:
2 Check this box G if the organization discontinued its operations or disposed of more than 25% of its net assets. 3 Number of voting members of the governing body (Part VI, line 1a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Number of independent voting members of the governing body (Part VI, line 1b). . . . . . . . . . . . . . . . . . . . . . . 4 5 Total number of individuals employed in calendar year 2020 (Part V, line 2a) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Total number of volunteers (estimate if necessary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7a Total unrelated business revenue from Part VIII, column (C), line 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7a b Net unrelated business taxable income from Form 990-T, Part I, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7b Prior Year Current Year
8 Contributions and grants (Part VIII, line 1h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Program service revenue (Part VIII, line 2g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Investment income (Part VIII, column (A), lines 3, 4, and 7d). . . . . . . . . . . . . . . . . . . . . . . . . 11 Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e). . . . . . . . . . . . . . . . 12 Total revenue ' add lines 8 through 11 (must equal Part VIII, column (A), line 12). . . . . 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3). . . . . . . . . . . . . . . . . . . . . . 14 Benefits paid to or for members (Part IX, column (A), line 4). . . . . . . . . . . . . . . . . . . . . . . . . . 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10). . . . . . 16a Professional fundraising fees (Part IX, column (A), line 11e). . . . . . . . . . . . . . . . . . . . . . . . . . b Total fundraising expenses (Part IX, column (D), line 25) G 17 Other expenses (Part IX, column (A), lines 11a-11d, 11f-24e). . . . . . . . . . . . . . . . . . . . . . . . . 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25). . . . . . . . . . . . . 19 Revenue less expenses. Subtract line 18 from line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Beginning of Current Year End of Year
20 Total assets (Part X, line 16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Total liabilities (Part X, line 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Net assets or fund balances. Subtract line 21 from line 20. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Signature Block
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge.

A Date Sign
Here A Type or print name and title
Preparer's signature Date PTIN Check if
Paid self-employed
Preparer Firm's name G
Use Only Firm's address G Firm's EIN G
Phone no.

May the IRS discuss this return with the preparer shown above? See instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No BAA For Paperwork Reduction Act Notice, see the separate instructions. TEEA0101L 01/19/21 Form 990 (2020) C
SAN CLEMENTE AQUATIC TEAM CORPORATION 33-0112862
X
N/A
285,452. 201,148.
470. 49,298.
285,922. 250,446.
-3,888. -84,304.
410,866. 350,919.
189,817. 154,598.
221,049. 196,321.
406,978. 266,615.

82. 16.
406,896. 266,599.

0. 0.
75 14
3 3
X 1975 CA
266,615.

PRESIDENT
X
X

SAN CLEMENTE AQUATIC TEAM IS AN USS

REGISTERED YEAR-ROUND COMPETITIVE SWIM TEAM OFFERING COMPETITIVE STROKE INSTRUCTION TO CHILDREN AGES 5-19.

SAME AS C ABOVE
134
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135
Attachment 4
Recreation 100 North Seville San Clemente CA 92672
55452.01600\29014957.2

SENIOR AQUATICS PARTNERSHIP AGREEMENT FOR

SAN CLEMENTE AQUATIC TEAM
This SENIOR PARTNERSHIP AGREEMENT is entered into this ____ day of ________________, 2022 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE, a municipal corporation (“City”) and THE SAN CLEMENTE AQUATIC TEAM, a youth sports organization incorporated in California (“SCA”) for a period of one (1) year with two (2) possible one (1) year extensions from the Effective Date.

R E C I T A L S:

WHEREAS the City owns and operates the San Clemente Aquatics Center, which features a 50-meter competition pool and a 25-yard activity pool with play features, and the historic Ole Hanson Beach Club, which features a teaching pool and 25-yard pool; and
WHEREAS SCA is a private non-profit organization that has been involved in competitive and non-competitive swimming activities in San Clemente for nearly 40 years and currently serves 308 swimmers ranging from novice to Olympic Trials qualifiers; and WHEREAS SCA currently uses the 50-meter and 25-yard pools at the San Clemente Aquatics Center and the 25-yard pool at the Ole Hanson Beach Club, and desires to enter into this Agreement to continue a program of pool usage to SCA members and City residents.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the parties AGREE as follow:

C O V E N A N T S:

Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and SCA hereby agree as follows:

1. Program Requirements
As a material inducement to City’s entering into this Agreement with SCA, SCA agrees and covenants that, during the term of this Agreement, SCA shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements is a material breach of this Agreement:

1.1. SCA is and shall remain currently registered and active with the State of California as a not-for-profit community organization under Section 501(c)(3) or (c)(4) of the Internal Revenue Code.
136
-2-

1.2. SCA is not aware that it is the subject of any formal investigation by any government agency of the City, the County of Orange, the State of California, or the United States Government. SCA shall immediately notify the City in writing if it becomes aware that SCA is the subject of any formal investigation by a government agency.

1.3. SCA shall carry Commercial General Liability insurance with limits no less than $2,000,000 per occurrence, and $4,000,000 annual aggregate, with an additional insured endorsement in favor of the City, and approved by the city’s risk manager. SCA’s liability insurance shall be primary insurance without rights of subrogation. Each such policy of insurance shall comply with section 18 below.

1.4. SCA shall remain able to demonstrate financial hardship if the discounts provided for by this Agreement are denied and SCA is required to pay regular rates for use of City amenities, pools, and/or facilities.

1.5. SCA has and shall maintain an open enrollment policy regardless of the participant’s skill level. For purposes of this Agreement, an “Open Enrollment Policy” shall mean no child shall be denied enrollment based on skill level, provided the participant meets the minimum swim requirements. Swimmers must be 5 years or older and be able to swim 25 yards freestyle (with side breathing) and 25 yards backstroke.

1.6. SCA shall provide financial scholarships covering at least 10% of the participants enrolled for 50-100% of their registration fees to those participants that are in “financial need.” For purposes of this Agreement, “financial need” shall mean those families that can prove a financial and/or special hardship. The scholarship is given to the child to provide an opportunity to enroll in SCA activities. SCA shall operate on the philosophy that no child will be denied a chance to participate due to financial hardship.

SCA will be required to submit to CITY their financial reports outlining their scholarship distribution after the registration period.

1.7. SCA shall prohibit discrimination based on race, religion, national origin, ethnicity, sexual orientation, or gender. To promote a positive drug-free and child-friendly environment at City facilities, SCA shall enforce a “zero tolerance” policy. Any SCA officer, employee, agent, volunteer, or participant who is found to have abused alcohol, controlled substances (which have not been prescribed for the member), cannabis, or tobacco shall be prohibited from participating in SCA activities.

1.8. SCA supplies and shall continue to supply participant rosters annually to City. SCA membership shall be comprised of no less than three hundred (300) participants, ninety percent (90%) of whom reside in the City of San Clemente.

1.9. SCA Swim Meets, tournaments, and practices must be conducted within San Clemente boundaries.

1.10. SCA shall maintain all documentation necessary to demonstrate compliance with all of the above. City shall be permitted to inspect and make and retain copies of any documentation necessary to verify Program compliance with this Article 1. 137
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2. SCA Representatives To City

2.1. SCA shall designate one (1) official representative who shall be City’s primary contact and who shall coordinate the program, pool space, and overall agreement with the City. The SCA representative shall have the authority to make decisions for SCA, sign applications on behalf of SCA for pool use, approve billing, assist with SCA planning of pool allocations, and be responsible for resolving conflicts if/when they arise.

2.2. SCA is responsible for notifying City in writing within thirty (30) days of any change in its designated SCA representative referenced in Section 2.1.

2.3. The City Beaches, Parks and Recreation Department will be the City liaison coordinating all City operations. City responsibilities are delegated to the following division and staff position(s): Recreation Division, Aquatics Supervisor, (949) 429-8865. Matters pertaining to the following areas of operations should be directed to this individual: Pool Allocations, Applications, Billing, Insurance, Lights, Closures, Conflicts, Pool Maintenance, Vandalism

3. Aquatic Facilities and Event Space Rental Rates

3.1. All pool assignments shall be made by City at its sole and absolute discretion. SCA shall pay a Pool Rental Fee(s) to the City within 14 business days after receipt of Pool Use Permits for the upcoming season.

3.2. Pool Rental Fee. The fees noted below shall remain in effect during the entire term of this Agreement unless the Agreement is terminated. The following use fees for non-profit youth sports organizations are collected by the Recreation Division. Fees are subject to change based on City Council resolution. Organizations will be notified of any changes prior to any public meeting. Fees remain in effect and apply to SCA Senior Partnership:

Facility Amenity Standard Rate Discount Discounted Rate 25-Yard Pool Lane $25.00/Hour/Lane 60% $10.00/Hour
50-Meter Pool Lane $55.00/Hour/Lane 60% $22.00/Hour
50-Meter Pool $250/Hour/Lane 60% $100.00/Hour
25-Yard Pool $125/Hour/Lane 60% $50.00/Hour
Meeting Room $150.00/Hour 70% $45.00/Hour
Grass Event Space $200.00/Hour 70% $60.00/Hour
SCAC Cabana $50.00/Hour None ----
Meet/Competition $400.00/Hour 70% Off-Peak (Oct-Apr)
50% Peak (May-Sep)
$120.00/Hour
$200.00/Hour
Lifeguard Fee $20.00/Hour/Lifeguard None ----
Sound Amplification $60.00 Flat Daily Rate None ----
Janitorial Fee $90.00 Flat Daily Rate None ----

3.3. Lifeguard Fees: Applied to all pool rentals outside the facility hours of operation and for pool rentals with high attendance requiring the City to staff additional lifeguards to maintain effective surveillance.
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3.4. Meet/Competition Fees: Inclusive of the course set up, and upon approval referenced in section 6.1, use of City Electricity, Colorado Timing System, Scoreboard, Touchpads, Pickles, City Tables, Folding Chairs, Event Barricades, and additional Trash Cans.

3.5. Additional Services: Any additional services required by the City to facilitate a special pool rental will be determined and billed to SCA as part of the permit approval process. A Janitorial Fee may be assessed for restrooms to be cleaned if deemed needed, for a flat daily rate of $90.00 if the rental attendance is over 200 people.

4. Aquatic Facility Storage Space

4.1. A designated storage shed will be provided for SCA at the San Clemente Aquatic Center to store their supplies behind the bleachers located on the west deck of the 50-meter pool. If City deems that the shed requires replacement based on poor conditions, a new shed will be at the expense of SCA.

4.2. SCA is not permitted to store any food, equipment, or other belongings at the Aquatics Center without prior City approval.

4.3. SCA will put away equipment daily, keeping storage areas free of scattered supplies, and reducing risks for outdoor pests or potential theft.

4.4. Misuse or failure to abide by the preceding standards of the provided storage areas may result in the revocation of any designated space.

5. Lane Allocation and Scheduling

5.1. SCA shall be able to reserve pool space at the San Clemente Aquatic Center in the 50-meter pool and pool space in the 25-yard Activity pool and the Ole Hanson Beach Club in the 25-yard pool and pool space in the teaching pool.

5.2. City and SCA will meet quarterly to determine pool rentals. The City cannot guarantee any minimum or maximum amount of lanes available for use to SCA. When processing lane allocations, lanes are provided based on the priority use system as described in the Pool Rental Application.

5.3. Rentals of the San Clemente Aquatics Center include lane allocations, private coaching, room rentals, swim meets, grass space, and special events. SCA representative shall provide a written request for rentals three months in advance to assist City in determining a master aquatics center calendar. SCA shall provide a written request for any changes or additions to their approved and billed-out rental permit, two (2) weeks in advance of the date of the change. If the changes are significant, the notice should be given 4 weeks before to allow for the management of staffing, lane availability, and other conflicts. This includes the use of the pool for inter-squad meets. These change requests will be used to revise the monthly billing. Change requests to reduce lane usage may not be submitted after the rental date.
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5.4. Cancellations and changes to approved rentals: A change fee of $25.00 will be added for any change in time or space requested after a rental permit has been approved and billed out.

5.5. Lanes booked for SCA are to be utilized for SCA programs only. SCA shall not sublet pool space or lanes to outside organizations. SCA shall not absorb lanes from City contract classes or City programs that are canceled or moved. All lane allocations shall be included in the rental permit for lane use. This includes grass event space and meeting room usage by SCA.

5.6. SCA shall request only needed lane space and not overbook the lanes. If City determines, in its sole and absolute discretion, that SCA has overbooked lane space, City may adjust the lane allocation unilaterally.

5.7. City will notify SCA of any excess lane capacity available when City classes are canceled or moved. SCA may use the additional lane capacity when SCA and the City determine that additional capacity is necessary during the period that such excess capacity is available.

5.8. It is the responsibility of SCA to coordinate all pool schedules with its participants and coaches.

5.9. SCA will not be allocated pool time for group or private swim lessons. This is a direct conflict with City programming and City policy prohibiting private instruction without an agreement with the City.

5.10. SCA may utilize a microphone device during private rental times, or during times when lap swimming is the only concurrent program. Microphones may not be used when other classes and programs are occurring at the same time.

6. Swimmer Lane minimums and Unused Lanes

6.1. Allocated pool space will be granted dependent on current operational capabilities, fair co-use with public lap swim, and continued review of lane utilization. The City considers sufficient use of a lane for organized /coached swim set style rentals based upon the following criteria:

A. A minimum of (3) swimmers per lane is required for all short course lane allocations.

B. A minimum of (6) swimmers per lane is required for all long-course lane allocations.

C. All cancelations must be submitted in writing to City via email to City representative to release overbooked lanes that do not meet the minimum allocation requirements.

D. SCA lane reservations must be occupied, and swimmer per lane minimums met for the full duration of the rental period.
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6.2. Rental lanes left empty for longer than 10 minutes beyond the start of the rental time listed on the permit will be released to the public for lap swim for the remainder of the individual lane rental period. SCA will be charged for the lane rental without a refund.

6.3. Cancelation of reserved rental lanes must be made (12) hours prior to the start of the rental time listed on the permit if the lanes will be unutilized or the minimum swimmer requirement will not be met. SCA will be issued a refund for the released lanes.

7. Use of Colorado Timing Equipment
SCA may utilize City’s Colorado Timing System. The SCA representative shall sign a City approved release/waiver agreement holding SCA responsible for the equipment.

The release is required each time the equipment is checked out and used. When use is complete, City staff will examine the equipment. Any damage to the equipment during SCA’s use will be the responsibility of SCA. Only trained SCA representatives and City staff may use the Colorado Timing System equipment.

8. Provision of Lifeguards During SCA Events
The City provides City lifeguards at all times when SCA members are in the pool. SCA practices shall be held at times when City lifeguards are available and on duty. For SCA swim meets and practice times that occur outside of regular facility operating hours Lifeguard Fees will apply. One (1) lifeguard is included in the rental fee.

Additional lifeguards are billed at the current rate approved by the City Council as dictated in the City Hourly Part-Time SalarySchedule, per hour per lifeguard.

9. Pool Supplies and Standards

9.1. City will provide lane lines, diving blocks, and flags for SCA practices and meets. SCA is responsible for any and all additional equipment they may require. All additional equipment is subject to City approval.

9.2. The SCA coaches and representatives will communicate any issues with City pool or deck equipment. When/If items are damaged, or in poor repair, it is the responsibility of the coach that day to ensure the SCA participants are not in the water until City approves it is safe to do so.

9.3. City will attempt to maintain but has no obligation to maintain, a water temperature between 78–82 degrees Fahrenheit (25.5–27.5 degrees Celsius) during practices, and swim meets.

9.4. City will remove diving boards that are not in use during swim meets.

10.Pool Closure Procedures
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10.1. When the Aquatics Center must be closed due to inclement weather, maintenance, damage, or other conditions needing immediate attention, the Recreation Division will determine the closure term and begin procedures as follows:

10.2. Closure signs shall be posted at the Aquatics Center.

10.3. Any aquatic facility closure in excess of one week will be posted on City’s official website.

10.4. City will contact the SCA representative by phone and/or email to notify SCA of the closure.

10.5. SCA will be responsible to contact their coaches and participants to notify them of the closure.

10.6. SCA agrees to reimburse City for any maintenance costs directly attributed to damage to its municipal pool facilities or any City equipment, including unauthorized alteration of a City site, caused by SCA, any SCA member, and/or SCA invitee. City will credit SCA lane space for pool closures that are not the fault of SCA.

11.Pool and Park Clean Up

11.1. SCA shall clean up pools, restrooms, locker rooms, and associated areas in the proximity of the pool after each use by SCA. This includes litter left behind by spectators in the bleachers, or snack concession stand areas. The City will provide adequate trash containers.

11.2. When cleaning up after an event, SCA shall prevent cleaning materials, trash, sediment, cleaning chemicals, and runoff from entering the storm drain system (i.e. street gutters or catch basins).

12.Concessions

12.1. SCA may only sell food products to program participants and fans during a scheduled swim meet dates with City approval. City requires a site plan for area food sales and will require that food not be brought into the pool. All clean-up is the responsibility of SCA, including litter associated with the concession packaging, spills or food on the deck, and excess piling in trash cans.

12.2. SCA shall adhere to Orange County Health Department standards for the storage, preparation, and service of food items. SCA shall obtain the appropriate permits from the Orange County Health Department prior to any food service.

12.3. SCA will not permit persons under the age of 18 to operate cooking equipment that requires flammable liquids or materials. City retains the discretion to approve the use and location of a barbeque.
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12.4. In accordance with San Clemente Resolution No. 04-27, there will be no use of Styrofoam products at any location within the Aquatics Center. SCA shall prevent the utilization and/or distribution of expandable polystyrene food service products, commonly referred to by the trade name “Styrofoam,” by any SCA attendee or vendor (caterer) during the term of this Agreement. Failure to abide by this resolution will result in the automatic denial of future pool rentals.

13.Crowd Control
It is the responsibility of SCA to keep registered participants and their fans from engaging in un-sportsmanlike conduct, such as fighting, or rude and abusive verbal confrontations. If pool representatives or game officials of the league cannot control the situation, SCA should contact Orange County Sheriff’s Department for assistance.

14.Swim Meet and Rental Conditions

14.1. SCA shall be permitted to host (2) swim meets per year after first having obtained City approval for each such event. SCA shall apply to hold a swim meet no less than twelve (12) weeks in advance of the proposed date. City Recreation Division will review and coordinate the appropriate meet and rental permits and services, such as planning for additional staffing, overflow parking, and sound permits. SCA will be required to submit pool and deck site plans, requests for equipment, activity timeline, number of participants expected, times for load, and any other requests of staff a minimum of 30 days in advance of the scheduled date to ensure a smooth operation.

14.2. SCA will make its best effort to host these meets during non-peak times (October-April).

15.General Conditions for Special Events and Swim Meets

15.1. City shall provide recycling containers at all SCA special events.

15.2. SCA shall ensure that neither its members nor its invitees consume alcoholic beverages at any location in the San Clemente Aquatics Center.

15.3. SCA shall comply with the City’s Noise Ordinance. Sound permits are required for all amplified sound, including but not limited to PA systems, DJ, and live entertainment, such as bands that include amplification for instruments, drums, horns, etc. Applications for sound permits must be filed at least ten (10) working days before the proposed event and are reviewed by City’s Beaches, Parks and Recreation Department.

15.4. Per Orange County Fire Authority Guidelines (OCFA Guideline F-05), an OCFA permit is required to erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. (UFC 105.8t.1.) The regulations of the State Fire Marshal for large and small tents, awnings and other fabric enclosures shall also apply. (UFC 320.)
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15.5. Scaffolding, bleachers, or other structures that might collapse and cause an injury will require a building permit from the City Building Department (949)361-6100.

16.Team Promotions

16.1. Trophy Case: City staff shall allocate space in the trophy case at the San Clemente Aquatics Center. Space will be provided to SCA to promote their program and showcase participant awards. All displays and space allocations shall require approval by City staff at its sole discretion.

16.2. Magazine/Web Space: City will list SCA once each quarter in the City’s Recreation Magazine and on the City Website in the youth sports section. SCA is responsible for submitting accurate information to the City prior to the publishing schedule.

16.3. Printed Materials: Except as provided above, SCA will be responsible for all printed promotional materials. City does not provide for copying of flyers, posters, registration packets, or any other printed materials. SCA is encouraged to use the designated City brochure racks located at the Community Center and San Clemente Aquatics Center. Flyers may not be placed on parked vehicles at any City parks or facilities.

16.4. Team Apparel/Uniforms: SCA will provide a consistent brand and logo to promote their team through the use of team uniforms, jackets, sweatshirts, and similar merchandise. Apparel and uniforms shall not duplicate the colors or design of any City staff uniforms. Clothing or attire that resembles CITY personnel or programming is prohibited including but not limited to City logos, branding, swimsuits, headwear, and articles of clothing with the color red in order for the public to identify the difference between City safety staff and SCA representatives.

16.5. Banners at San Clemente Aquatics Center or on Pool Deck: SCA may place temporary sponsor banners to be located on the pool deck and the grass space adjacent to the pool deck during swim meets.

16.6. Overhead Banner Reservation: City has an overhead banner program that is offered to community partners for promotional space. Banner fees are $367 for the banner hanging. Space in the calendar is based on date availability in conjunction with other City programs and partners. Applications are available in November of each calendar year and are processed by January

16.7. City’s logo is not to be used on any promotional materials or merchandise without prior City approval, which approval may be withheld at City’s sole and absolute discretion.

17.SCA Contributions to Pool Maintenance

17.1. As a Senior Partner to the City, SCA shall assist with the stewardship and maintenance of pools.
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17.2. SCA shall obtain prior written consent from City to make any alterations, additions, or improvements to City pools including routine pool maintenance and preparations. SCA understands that any other such alterations, additions, or improvements must comply with all state and local standards.

18.Indemnification and Insurance
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), SCA shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold free and harmless City and City’s agents, officers, and employees, (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any SCA participants, invitees, officers, agents, employees, representatives, or subcontractors of SCA [collectively, the “SCA Entities”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of SCA’s use of the City facilities including but not limited to the San Clemente pools, by any of the SCA entities, anyone directly or indirectly employed by any of them, or anyone that they control or invite to the premises (collectively, the “Liabilities”). Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Indemnitee.

Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, SCA shall submit certificates and endorsements to City indicating compliance with the following minimum insurance requirements, and SCA shall maintain such insurance in effect during the entire term of this Agreement: Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor’s liability, and automobile liability insurance, with a minimum, combined liability limits of Two Million Dollars ($2,000,000) per occurrence for all covered losses and Four Million Dollars ($4,000,000) in the aggregate. Any deductible or self-insured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager. Each such policy of insurance shall:
(i) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current A.M. Best’s Key Rating Guide or a company of equal financial stability that is approved by City’s Risk Manager for all coverage’s except surety;
(ii) name and list as additional insured City and City’s officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured. Additional Insured Endorsement is subject to approval by the city’s risk manager, at their sole discretion;
(iii) specify it acts as primary insurance and that no insurance held or owned by City shall be called upon to cover a loss under said policy; 145
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(iv) contain a clause substantially in the following words: “it is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change as evidenced by a return receipt for a registered letter;”
(v) cover the operations of SCA pursuant to the terms of this Agreement; and
(vi) be written on an occurrence and not a claims-made basis.

Original documents to:

City of San Clemente
Risk Management Office
910 Calle Negocio, San Clemente, CA 92673
One additional copy to:

Beaches, Parks and Recreation Department
987 Avenida Vista Hermosa, San Clemente, CA 92673

19.Violation Warning Procedure and Disciplinary Policy

19.1. Purpose: The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Pool Rules, Use and Allocation Policy.

19.2. Policy: City reserves the right to cancel or suspend all permits issued to SCA as well as any other use of City facilities as provided for under this Agreement for meets, practices, and other usages based upon SCA’s violation of the City Municipal Code or this Agreement.

19.3. Commitment: SCA’s Board of Directors is required to notify SCA volunteer coaches, parents, and participants about the rules and regulations outlined in the City’s Pool Rental Policies, municipal codes, and guidelines within this Agreement. The Recreation Division will work closely with SCA to address concerns and enhance communications between staff, pool users, and the community. It is the responsibility of SCA to notify City of any concerns.

19.4. Outcome: SCA shall regularly communicate with SCA members to educate participants, coaches, and parents to become increasingly more responsible working within the Municipal Code and pool rules, and user agreements, especially where traffic, noise, parking, trash, and issues are concerned. By enhancing communication all parties involved will benefit.

19.5. Violations: City shall document violations resulting from SCA’s failure to follow the terms of this Agreement, the Municipal Code, and City Department policies and procedures.

19.6. Notification: City staff shall contact the SCA representative to discuss any noticed violation. City shall e-mail SCA representative, with a copy to the President, and 146
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will follow up on the telephone conversation confirming the discussion and details of the incident or violation.

19.7. Proposed Resolution and Timeline: SCA’s representatives will work with staff to propose a resolution and define the timeline in which the issue will be resolved.

This information will be confirmed in writing to both the SCA’s representative and President. If SCA fails to take the necessary actions to resolve the issue as agreed upon between the parties, City may resolve the issue and charge SCA for any manpower and/or equipment used to resolve the issue. SCA shall bear all costs and expenses City deems necessary to completely resolve the issue.

19.8. Warning Issued: If the issue is not resolved by the agreed-upon date, City shall send a written warning to SCA.
(i) First Warning: The first warning letter will be sent upon SCA’s first failure to resolve an issue resulting from a direct violation of this Agreement, the City Municipal Code, and facility operating policy or rules. A letter will be written to SCA’s President and representative documenting the violation and will be placed in SCA’s file. A report and/or pictures of the violation will be included for reference. The matter may be appealed by SCA to the Beaches, Parks and Recreation Director.
(ii) Second Warning: A Second warning is issued after a second documented violation occurs within one year (365 days) from the first violation. City will send SCA a letter notifying SCA that a City staff member will be assigned to monitor SCA activities due to the violation. SCA will be billed for the assigned hours of the said staff member at the staff member’s appropriate hourly rate. The staff member will act as a City representative on duty to monitor activity at the pools and to report further violations to City. This may be appealed to the Beaches, Parks and Recreation Department. (iii) Third Warning: A third warning is issued after a third documented violation occurs within one year (365 days) from the first violation.

Upon issuance of a Third Warning City shall review this Agreement.

The Agreement is subject to termination upon such review. Any termination may be appealed to the Beaches, Parks and Recreation Department Director and ultimately appealed to the Beaches, Parks and Recreation Commission, and/or City Council.

19.9. Termination: City may terminate this Agreement without cause by providing thirty (30) days' notice in writing.

19.10. San Clemente Municipal Code: Nothing in this Agreement shall limit the City’s authority to enforce the San Clemente Municipal Code or otherwise take legal action under State law.
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20. Term and Cooperation

20.1. The term of this agreement shall be one year from the Effective Date with two (2) possible one-year extensions and will continue until canceled under the provisions of Section 18.9.

20.2. Extensions shall be granted under City Manager or his/her designee authority and based on SCA’s demonstrated ability to meet the minimum requirements of the Aquatics Senior Partnership, including but not limited to the total number of swimmers and minimum residency requirements.

20.3. SCA shall adhere to all the policies and procedures of the City and cooperate with the Department and City staff to ensure that the purpose of this Agreement is met. SCA shall not discriminate against those in its employ, volunteers, or participants on account of race, religion, national origin, ethnicity, sexual orientation, or gender (except where gender is a bona fide issue for the sports program).

21. Miscellaneous

21.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties concerning the subject matter set forth herein, and there are no oral or written representations, understandings, or ancillary covenants, undertakings, or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

21.2. Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

21.3. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

21.4. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

21.5. Singular and Plural. As used herein, the singular of any word includes the plural.

21.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 148
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21.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

21.8. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

21.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes, and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

21.10. Mutual Covenants. The covenants contained herein are mutual and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by the such benefited party.

21.11. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

21.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto to enforce, construe, or determine the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between the Parties seeking enforcement of any of the terms and conditions to this Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorney’s fees.

21.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith concerning any amendment proposed to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved 149
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by the City Manager upon the recommendation of the Beaches, Parks & Recreation Director, and approval of the City Attorney.

21.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

21.15. Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

If to City: City of San Clemente
100 N. Calle Seville
San Clemente, CA 92672
Attention: Recreation Manager
With a copy to: Best Best & Krieger
18101 Von Karman, Suite 1000
Irvine, CA 92612
Attn: Scott Smith, City Attorney
If to SCA: San Clemente Aquatics
Attention:

With a copy to:

Attention:
[End – signature page follows]
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IN WITNESS WHEREOF, City and SCA have caused this Agreement to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Its:

ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Best Best & Krieger LLP

Scott Smith, City Attorney
“SCA”

SAN CLEMENTE AQUATICS TEAM,
a youth sports organization
By:

Its:
151

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: H.

Department: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE ALLEY PAVEMENT REHABILITATION, CIP PROJECT NOS. 10318, 18326 AND 18328
Fiscal Impact:

Yes. The project was completed at a cost of $1,614,000, within the approved budget of $1,996,580.

Summary:

L.C. Paving & Sealing, Inc. has completed the construction contract within budget and staff recommends Council acceptance.

Background:

The construction contract was awarded to L.C. Paving & Sealing, Inc. on April 6, 2021. The purpose of the contract was to rehabilitate various alley pavement to extend the service life in the areas shown in the location map (Attachment 1). The work included asphalt grinding and overlaying, asphalt removal and replacement, construction of ADA ramps and other concrete work as well as striping.

Project cost summary is as follows:

Administration and Engineering Design (rounded up) $38,000 Construction Management and Inspection (rounded up) 56,000 Construction (rounded up) 1,520,000
Total Project Cost (rounded up) $1,614,000
Discussion:

None
Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects property values, encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

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Meeting Date: 12/6/2022 Agenda Item: H.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the project maintains City infrastructure.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council:

1. Accept the Alley Pavement Rehabilitation from the contractor, L.C. Paving & Sealing, Inc., CIP Project Nos. 10318, 18326 and 18328.

2. Authorize the Public Works Director to execute and record the Notice of Completion for Alley Pavement Rehabilitation.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, L.C. Paving & Sealing, Inc.

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report Dated April 6, 2021 (without attachments) Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 12/2/2022
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W. CANADA

AVE PRESIDIO
AIRES
5 CL LASUEN

AVE SAN LUIS REY

AVE ALESSANDRO CL DE LOS ALAMOS

CL LAS PALMAS

AVE LA COSTA LOS BAUTISMOS LN

AVE CRESPI

OLA VISTA

AVE LOBEIRO

AVE MONTALVO AVE CALAFIA

PLAZA A LA PLAYA CL CAPRI CL MADIERA

CL MONTE CARLO

CL MAJORCA

AVE DE LA RIVIERA

PASEO DE LA SERENATA

CL DEL PACIFICO

AVE MAGDALENA

CL CITA

AVE DOMINGUEZ

AVE SANTA INEZ

AVE MAGDALENA

AVE ORTEGA

AVE SANTA MARGARITA

AVE COSTANSO

CL BAHIA

ARDILLA LN

CL GOMEZ

AVE MAGDALENA CL DEL
CL DEL
A. T. & S. F. R. R.

VISTA AZUL

VIA RANCHO

CL CAMPESINO

AVE VISTA DEL OCEANO

CL FRANCESCA

CL TIARA

CL DE LAS FOCAS

CL POTRANCA CL DEL ESTABLO

VISTA BLANCA

CL TIBURON

CL POTRO

EL CAMINO REAL (COAST HWY)
A. T. & S. F. R. R.

AVE LUCIA

AVE DOLORES

AVE BUENA VENTURA AVE SAN FERNANDO

AVE SAN DIEGO

AVE SAN DIMAS

AVE PALA

AVE SANTA MARGARITA

AVE CARMELO

VISTA MARINA

CL CONCHITA

EL CAMINO REAL (COAST HWY)

EL CAMINO REAL

LOS OBREROS LN

CL LAGO

AVE PICO AVE ESTACION

CL COLINA

BUENA VISTA CL SACRAMENTO

AVE HACIENDA

CL LAS BOLAS

CL VALLE CL BONITO

CL MIRADOR

AVE DEL REPOSO

EL PRADO

CHIQUITA

EL PORTAL

LA RONDA

AVE SIERRA

REVUELTA CT

AVE LAS FLORES

EL ORIENTE

AVE DE LA ESTRELLA

AVE DE LA ESTRELLA
E. EL PORTAL

CL CAMPO
A. T. & S. F. R. R.

A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE DE LA GRULLA

AVE ARAGON

AVE PELAYO

EL PORTAL

DIJE CT

CAPISTRANO LN

ARENOSO LN LINDA LN
W. MARIPOSA W. MARQUITA

ALAMEDA LN

CORONADO LN

AVE VICTORIA MONTEREY LN

CORTO LN

ALAMEDA LN

STA ANA LN
LA PALOMAW. MARQUITA
W. CANADA W. MARIPOSA
W. ESCALONES

CL PUENTE

ENCINO LN
W. ESCALONES AVE DEL PONIENTE

ESPLANADE

ELENA LN

PASEO DE CRISTOBAL

PASADENA CT

CORONA LN

CL SEVILLE

ACEBO LN
W. AVE PALIZADA

LOMA LN CL DEL APICE

CL ALCAZAR

EL CAMINO REAL (COAST HWY)

VIA MIMOSA

EL CAMINO REAL

VISTA ENCANTA

VISTA DEL PONTO

LA ESPERANZA

OLA VISTA

AVE SALVADOR

AVE PRINCESA

AVE ACAPULCO

AVE DE LOS LOBOS MARINOS

AVE CORNELIO

AVE RAMONA

AVE CORNELIO

AVE SAN ANTONIO

AVE ALESSANDRO

AVE SAN ANTONIO

AVE JUNIPERO

AVE SAN PABLO

AVE JUNIPERO

AVE SAN GABRIEL AVE SAN GABRIEL CL LA SERNA

VISTA CAYENTA

AVE SAN JUAN

VISTA CANTORA

AVE BUENA

AVE SAN JUAN

PASEO DE CRISTOBAL AVE CORDOBA

AVE GAVIOTA

AVE VALENCIA

AVE VERDE AVE DE LOS LOBOS MARINOS CL MARIA

VIA LA JOLLA

VIA CATALINA

VIA AVILA

AVE CORDOBA

LADERO LN

AVE ARLENA

LA ESPERANZA

AVE PRESIDIO

VIA LA MESA VIA ROBINA CL PATRICIA

AVE ARLENA VISTA VALINDA

CL ESMARCA CL ALTA

VIA ENSUENO

CERRITO CIELO

AVE RAMONA

REGLA CIR ENTRADA PARAISO

AVE TRIESTE
ARRIBA

CL MAYITA

CL LETICIA

LA CIMA

CL AMENO

VISTA ALCEDO

VISTA VALINDA

AVE SAN PABLO

AVE MAGDALENA

AVE ADOBE

CL CUERVO AVE

VIA COLIBRI

VIA DELFIN

AVE CABALLEROS

EL ORIENTE

AVE DE LA PAZ AVE SIERRA

AVE PATERO DE ORO

AVE PIZARRO

AVE LA CUESTA

ESPLANADE

CL MARINA

AVE SANTIAGO AVE BARCELONA

AVE SALVADOR EL LEVANTE
CL SERENA A. T. & S. F. R. R.

CL TOLEDO

BOCA DEL CANON

LA RAMBLA

LA RAMBLA

CL ROCA VIS

CL PRIMAVERA

AVE SANTA BARBARA AVE MONTEREY

CAZADOR LN

POCO PASEO

OLA VISTA

AVE MADRID

OLA VISTA

AVE CADIZ TRAFALGAR LN

AVE SERRA

AVE DEL MAR AVE CABRILLO AVE GRANADA

AVE MIRAMAR

AVE VICTORIA

AVE MATEO AVE ROSA

AVE PRESIDIO

CL BELLA LOMA

CL DE SOTO CL SONORA

CL DE ANZA CL SONORA

CL CORTEZ

EL LEVANTEAVE SAN CARLOS

TERRAZA VISTA BAHIA

CL BALBOA

CL SEGURO

CL NINA

AVE TERESA

CL CL DULCINEA CL MALAGUENA

CL TIBIDABO

SAN CLEMENTE

STATE BEACH

AVE AMADIS

AVE ESPLANDIAN

VIA MECHA

MONSERRAT

LA ESPERANZA
SUERTE

AVE SAN JUAN AVE SAN ANTONIO

LINDA BUENOS

CERRITO

AVE DEL MAR

AVE SERRA

OLA VISTA

OLA VISTA

AVE SAN LUIS REY

AVE MIRAMAR

AVE GRANADA AVE VICTORIA AVE ROSA

AVE LA COSTA

PACIFIC OCEAN

EL CAMINO REAL

CL AMENO
W. PASEO DE CRISTOBAL

SAN CLEMENTE MUNICIPAL GOLF COURSE

AVE DEL PRESIDENTE

CALAFIA
PARK

SAN LUIS REY PARK

PACIFIC OCEAN

PACIFIC OCEAN

CONCORDIA

ELEMENTARY SCHOOL

AVE DEL PRESIDENTE
W. AVE PALIZADA

AVE GRANADA

AVE CABRILLO
S. EL CAMINO REAL

CL DEL COMERCIO

SAN CLEMENTE

STATE BEACH

COMMUNITY CENTER/LIBRARY

CL DESHECHA

AVE JUNIPERO AVE CORNELIO AVE RAMONA

OLA VISTA

TRAFALGAR LN AVE BARCELONA ESPLANADE

AVE MONTEREY

AVE DEL MAR

AVE SANTA BARBARA AVE VICTORIA
CL OSO

LAS PALMAS

ELEMENTARY
SCHOOL

MAX BERG

PLAZA PARK

BUENA VISTA

AVE PELAYO

CL PUENTE

CL DE LOS MOLINOS

AVE PATERO DE ORO
RITO

AVE SAN PABLO

AVE MONTALVO

PASEO DE CRISTOBAL

AVE SAN PABLO

CL MONTE CRISTO

CL MONACO

AVE DE LA RIVERA
5 W. AVE PALIZADA

AVE ARAGON

AVE ALGODON

CL DESHECHA

BOCA DE LA PLAYA
AVE

FLORENCIA
AVE

FLORENCIA

AVE DEL PONIENTE
E. MARIPOSA E. ESCALONES E. CANADA E. EL PORTAL
E. MARQUITA

C I T Y O F S A N C L E M E N T E
910 CL Negocio, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
i:\cd\engineering\secure\projects\pn 10318 - 18326 18328 - alley pavement rehab\06-admin reports\cad\location map as built_10318-18326-18328.dwg 11.8.2022 FY18, FY19 & FY20 ALLEY PAVEMENT REHABILTATION:

Alley to thewest of El Camino Real (Ave.Cabrillo to W.Marquita, W. Mariposa t W.El Portal, Ave. De La Grulla to Ave. Aragon, Boca De La Plya to CalleLas Bolas & Ave.

Mateo o Ave. Barcelona & Ave. Barcelona t W.Ave. Valnci ), Alley to theastof El Camino Real (E. Marquita to E. Escalones & E.Canada to E. El Portal) Project Nos. 18326, 18328 & 10318
ATTACHMENT 1
154

Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Alley Pavement Rehabilitation, CIP Project Nos. 10318, 18326 and 18328.

2. Date of completion: November 1, 2022.

3. Street address or legal description of the project site: Various alleys

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Public Facility; Owned in Fee.

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: L.C. Paving & Sealing, Inc., 620 Alpine Way, Escondido, CA 92029.

I am the Public Works Director / City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Kiel Koger, Public Works Director / City Engineer
City of San Clemente
155
156
157

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: I.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

APPROVAL OF FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH LGC GEOTECHNICAL, INC., GEO-LOGIC ASSOCIATES, INC., AND NINYO & MOORE

GEOTECHNICAL & ENVIRONMENTAL SCIENCE CONSULTANTS FOR AS-NEEDED GEOTECHNICAL AND RELATED SERVICES.

Fiscal Impact:

Yes. When work is authorized under these agreements, it will be funded from the appropriate approved Capital Improvement Program (CIP) project budgets.

Summary:

Staff recommends approval of the First Amendments to the Professional Services Agreements (Attachments 1-3) with LGC Geotechnical, Inc., Geo-Logic Associates, Inc., and Ninyo & Moore Geotechnical & Environmental Science Consultants for As-Needed Geotechnical and Related Services, to extend the contracts’ terms from October 17, 2022 to October 17, 2023.

Background:

On September 17, 2019, the City Council awarded As-Needed Geotechnical and Related Services contracts (Contracts) to LGC Geotechnical, Inc., Geo-Logic Associates, Inc., and Ninyo & Moore Geotechnical & Environmental Science Consultants to support the engineering staff in the areas of geotechnical and soils engineering and testing, and inspections for Capital Improvement Program (CIP) projects (Attachment 4). The City’s Capital Improvement Program includes a broad range of utilities, civil and transportation engineering projects of varying scale and complexity. The majority of these projects need geotechnical and related testing services, and having timely access to such services is very efficient and effective in completing these CIP projects within the budget and schedule.

Each of the contracts included a three-year term, ending on October 17, 2022, with two additional renewal options. The agreements include the Consultants’ proposed fee rates, which may be adjusted annually based on the regional Consumer Price Index. The total amount for each contract will depend on the amount of tasks approved for each consultant, not-to-exceed $200,000 per fiscal year. Staff recommends approval of the First Amendments to the Professional Consultant Services Agreements with LGC Geotechnical, Inc., Geo-Logic Associates, Inc., and Ninyo & Moore Geotechnical & Environmental Science Consultants for the As-Needed Geotechnical and Related Services, to extend the contracts’ terms from October 17, 2022 to October 17, 2023 (Attachments 1, 2, and 3).

Plan and Policy Consistency:

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 12/2/2022
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Meeting Date: 12/6/2022 Agenda Item: I.

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects values, encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06.Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

Policy and Procedure No. 201-2-3, Selection of Professional Services Contractors was followed by staff in selection of these consultants.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the projects maintains City infrastructure.

Recommended Actions:

Staff Recommendation

1. Approve and authorize the Public Works Director/City Engineer to execute the First Amendment to the Professional Services Agreement with LGC Geotechnical, Inc. for AsNeeded Geotechnical and Related Services;

2. Approve and authorize the Public Works Director/City Engineer to execute the First Amendment to the Professional Services Agreement with Geo-Logic Associates, Inc. for AsNeeded Geotechnical and Related Services;

3. Approve and authorize the Public Works Director/City Engineer to execute the First Amendment to the Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Science Consultants for As-Needed Geotechnical and Related Services; and

4. Approve and authorize the Public Works Director/City Engineer to assign As-Needed Geotechnical and Related Services task authorizations under the original approved agreements and First Amendments, not to exceed $200,000 total per fiscal year, for each consultant, provided funds are available in prior City Council approved project budgets.

Attachment:

1. Draft First Amendment to Professional Services Agreement with LGC Geotechnical, Inc.

2. Draft First Amendment to Professional Services Agreement with Geo-Logic Associates, Inc.

3. Draft First Amendment to Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Science Consultants

4. Staff Report dated September 17, 2019 (without attachments) Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 12/2/2022
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DRAft

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

AS-NEEDED GEOTECHNICAL AND RELATED PROFESSIONAL SERVICES

CONTRACT
This First Amendment to the Professional Services Agreement for as-needed geotechnical and related professional services is made and entered into on this _____ day of ______, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and LGC Geotechnical, Inc. (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Services Agreement for as-needed) geotechnical and related professional services (the “Original Agreement”) on September 18, 2019.

B. City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

Section 1: Section 1.1 of the Agreement is hereby amended by extending the contract term from October 17, 2022 to October 17, 2023, in an amount not to exceed $200,000 per fiscal year.

Except as expressly amended by the First Amendment the remaining portions of the Agreement shall remain in full force and effect.
//////////
Attachment 1
160
DRAft
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER ______________________________
(“CONTRACTOR”)
______________________________
City Attorney By:________________________________
Its:_______________________________
Dated: ____________________, 20____
________________________________
Finance Authorization
161
DRAft

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

AS-NEEDED GEOTECHNICAL AND RELATED PROFESSIONAL SERVICES

CONTRACT
This First Amendment to the Professional Services Agreement for as-needed geotechnical and related professional services is made and entered into on this _____ day of ______, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Geo-Logic Associates, Inc. (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Services Agreement for as-needed) geotechnical and related professional services (the “Original Agreement”) on September 18, 2019.

B. City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

Section 1: Section 1.1 of the Agreement is hereby amended by extending the contract term from October 17, 2022 to October 17, 2023, in an amount not to exceed $200,000 per fiscal year.

Except as expressly amended by the First Amendment the remaining portions of the Agreement shall remain in full force and effect.
//////////
Attachment 2
162
DRAft
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER ______________________________
(“CONTRACTOR”)
______________________________
City Attorney By:________________________________
Its:_______________________________
Dated: ____________________, 20____
________________________________
Finance Authorization
163
DRAFT

FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

AS-NEEDED GEOTECHNICAL AND RELATED PROFESSIONAL SERVICES

CONTRACT
This First Amendment to the Professional Services Agreement for as-needed geotechnical and related professional services is made and entered into on this _____ day of ______, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Ninyo & Moore Geotechnical & Environmental Science Consultants (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Services Agreement for as-needed) geotechnical and related professional services (the “Original Agreement”) on September 18, 2019.

B. City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

Section 1: Section 1.1 of the Agreement is hereby amended by extending the contract term from October 17, 2022 to October 17, 2023, in an amount not to exceed $200,000 per fiscal year.

Except as expressly amended by the First Amendment the remaining portions of the Agreement shall remain in full force and effect.
//////////
Attachment 3
164
DRAFT
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER ______________________________
(“CONTRACTOR”)
______________________________
City Attorney By:________________________________
Its:_______________________________
Dated: ____________________, 20____
________________________________
Finance Authorization
165
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: September 17, 2019
Public Works / Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
Agenda Item� G
Approvals:

City Manager �
Dept.

Attorney
Head-C---
Finance�
APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH LGC GEOTECHNICAL, INC., GEO-LOGIC ASSOCIATES, INC., AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCE CONSULTANTS FOR AS-NEEDED GEO TECHNICAL AND RELATED SERVICES.

Fiscal Impact: Yes. When work is authorized under these agreements, it will be funded from approved capital improvement project budgets.

Summary: The City's Capital Improvement Program includes a broad range of utilities, civil and transportation engineering projects of varying scale and complexity. The majority of these projects need geotechnical and related testing services. To more effectively and efficiently meet this demand for such services, staff recommends City Council's approval of Professional Services Agreements with LGC Geotechnical, Inc., Geologic Associates, Inc., and Ninyo & Moore Geotechnical & Environmental Science Consultants for As-Needed Geotechnical and Related Services.

Background: A Request for Qualifications (Attachment No. 1) was posted on the PlanetBids website to receive statements of qualifications from consultants. On April 22, 2019, eleven statements of qualifications were received. Consultant qualifications were evaluated, scored, and ranked based upon criteria in the Request for Qualifications. Based on the firms' experience, familiarity with the City, staff resources, and record of success on similar types of work, staff recommends approval of as-needed agreements with LGC Geotechnical, Inc., Geo-Logic Associates, Inc., and Ninyo & Moore Geotechnical & Environmental Science Consultants. The proposed scope of work will vary depending on the project type, scale, and complexity.

Typically, when there is a project that requires geotechnical investigation and testing services, staff issues a Request for Proposals (RFP) to hire a consultant. This process is staff intensive and approval of individual Professional Services Agreements can take several months from issuance of the RFP to City Council approval and subsequent execution of contract. To more effectively and efficiently meet this demand for the geotechnical and testing services, staff recommends City Council's approval of three as-needed Professional Services Agreements. This will provide the City with three consultants, selected through a single Request for Qualifications process, which could be quickly engaged for support on budgeted projects if needed.

Public Works Agenda Report
9-17-19 / 6G-1
Attachment 4
166
Agenda Report
• Recommended
Page2
( These as-needed agreements would work similar to other as-needed agreements the City Council has previously approved. If support services are needed, staff will request letter proposals from at least two of the consultants that have specific expertise for the services needed. The letter proposals will provide the consultant's recommended scope of work, project team, and proposed fee. This information will be used to determine which consultant is most qualified for the specific project support request.

Staff will present a recommendation to the Public Works Director/City Engineer for approval before proceeding with any consultant support services. Such recommendation will include the recommended consultant, proposed scope of work and fee, and verification that there are funds available in the approved budget for the proposed expenditure. Staff recommends that the City Council approve and authorize the Public Works Director/City Engineer to sign and execute As-Needed Geotechnical and Related Services task authorizations for up to $200,000 per fiscal year, provided that these authorizations can only be funded from budgeted projects that have already been approved by the City Council. This is consistent with the current practice approved by the City Council on January 15, 2019 (Attachment No. 2), to retain consultants for as-needed civil/transportation engineering services.

Each of the recommended as-needed agreements would be for a three-year term with two additional annual renewals at the City Manager's discretion. The agreements include the Consultants' proposed fee rates, which may be adjusted annually based on the regional Consumer Price Index. The total amount for each agreement will depend on the amount of tasks approved for each consultant. Since these are asneeded agreements, there is no guarantee that specific work will be requested or approved for any of the consultants.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the City Manager to execute a Professional Services Agreement with LGC Geotechnical, Inc. (Attachment No. 3) for As-Needed Geotechnical and Related Services;

2. Approve and authorize the City Manager to execute a Professional Services Agreement with Geo-Logic Associates, Inc. (Attachment No. 4) for As-Needed Geotechnical and Related Services;

3. Approve and authorize the City Manager to execute a Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Science Consultants (Attachment No. 5) for As-Needed Geotechnical and Related Services; and

4. Approve and authorize the Public Works Director/City Engineer to sign and execute As-Needed Geotechnical and Related Services task authorizations under the approved master agreements, not to expeed $200,000 total per fiscal year for each master consultant agreement and provided funds are available in prior City Council approved project budgets.
9-17-19 / 6G-2 167
Agenda Report Page 3
Attachments: 1. Request for Qualifications

2. Staff Report dated January 15, 2019

3. Professional Services Agreement with LGC Geotechnical, Inc.

4. Professional Services Agreement with Geo-Logic Associates, Inc.

5. Professional Services Agreement with Ninyo & Moore Geotechnical & Environmental Science Consultants
Notification: None.
s:\ccl\engineerlng\secure\admln\2019\9-17-19\9-17-19-5r.docx 9-17-19 / 6G-3 168

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: J.

Department: Utilities
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

Adopt Resolution for Grant Funding Application to the State Water Resources Control Board for the Water Recycling Funding Program...body
Fiscal Impact:

Yes. Receipt of this grant from the State Water Resources Control Board Water Recycling Funding Program (WRFP) may potentially reduce the City’s cost of the upcoming Recycled Water Master Plan Expansion by up to 50% and is a potential funding source for future design and construction costs.

The estimated cost of the master plan is approximately $175,000 and was budgeted in Fiscal Year 2022/2023.

Summary:

Staff recommends that the City Council adopt the Resolution (Attachment 1), and authorize the City Manager, or his/her designee, to submit an application to the Water Recycling Funding Program for planning, design and construction, as required by the State Water Resources Control Board.

Background:

Considering the impacts of climate change and the subsequent increase in severe, more frequent and longer duration droughts in California, it is crucial for water agencies to engage in comprehensive planning to develop and implement sustainable sources of water, such as, recycled water. The effects of drought have been demonstrated with the Governor of California declaring a statewide State of Emergency due to drought. The Governor’s State of Emergency Declaration includes a call for all state residents to cut down on water use by 15%. With climate change resulting in hotter, drier summers and reduced precipitation, severe and prolonged droughts are forecast to be a normal part of California’s future.

The City provides wastewater treatment of approximately 3.6 million gallons per day (MGD) at its Water Reclamation Plant (WRP). A portion of the wastewater is treated at a tertiary level where it is used for recycled water irrigation and WRP processes. In 2016, the City expanded the WRP’s recycled water capabilities and was able to increase its recycled water availability from three landscaping customers to approximately 140 customers. On average, approximately 1,165 acre feet per year (AFY) of recycled water from the WRP was used by City customers for landscape irrigation.

The City’s WRP is capable of producing up to 3,360 AFY allowing for additional expansion where feasible within the City of San Clemente’s service area. Therefore, the City is in the process of development of its Recycled Water Master Plan that may result in the expanded use of recycled water.

Discussion:

The WRFP is a funding program provided by the State Water Resource Control Board (SWRCB) CITY OF SAN CLEMENTE Page 1 of 3 Printed on 12/2/2022
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The WRFP is a funding program provided by the State Water Resource Control Board (SWRCB) providing grants to assist public agencies with facilities planning studies to determine the feasibility of using recycled water to offset the use of fresh/ potable water from the state and/or local supplies. The Recycled Water Master Plan under evaluation by AKM Consulting Engineers will be used to determine the eligible expenses that can be reimbursed through the WRFP. The WRFP could provide 50 percent of the eligible project expenses for planning projects up to $500,000. Projects must meet certain minimum requirements to be eligible for the WRFP, including matching funds. The City has set aside $175,000 in the Fiscal Year 2022-2023 budget to account for the estimated master plan cost and these funds could be used as the required matching funds.

The WRFP could also provide 35 percent of construction costs up to $15,000,000. The updated Recycled Water Master Plan will identify potential construction projects with a phased approach. The construction project costs are unknown at this time. Implementation of construction projects will depend upon the feasibility and availability of funding from grants, loans and local sources, such as the Capital Improvement Plan. Staff anticipates completion of the master plan for City Council consideration by October 2023.

Staff has prepared the necessary submittal documents to satisfy the requirements and demonstrate eligibility for the WRFP. While the City has met all of these eligibility requirements, SWRCB requires approval of the attached resolution prior to any consideration of City applications.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
· Policy PSFU-5.08. Recycled Water. We encourage, and in some cases require, the use of recycled water when available through a Mandatory Use Ordinance. · Policy PSFU-5.10. Wastewater System. We provide and maintain a system of wastewater collection and treatment facilities to adequately convey and treat wastewater generated in the City of San Clemente service area.

In addition, the project is consistent with the 2007 Recycled Water Master Plan.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service in that the projects maintains City infrastructure. The project is also consistent with Council Strategy 1 - Ensure financial stability as demonstrated by low debt, high ratings, and new revenue generation - in that staff continues to actively pursue grant opportunities.

Recommended Actions:

Staff Recommendation
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Staff Recommends That the City Council adopt Resolution No.______ entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE

APPLICATION FOR GRANT FUNDS UNDER THE STATE WATER RESOURCES CONTROL

BOARD WATER RECYCLING FUNDING PROGRAM FOR RECYCLED WATER MASTER PLAN AND EXPANSION PROJECT.

Attachment:

Resolution
Notification:

None
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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING THE

APPLICATION FOR GRANT FUNDS UNDER THE

STATE WATER RESOURCES CONTROL BOARD

WATER RECYCLING FUNDING PROGRAM FOR

RECYCLED WATER MASTER PLAN AND EXPANSION
PROJECT.

WHEREAS, the increasing frequency of multiyear droughts presents a significant risk to California's ability to ensure adequate water supplies for communities, agriculture, and fish and wildlife; and
WHEREAS, Governor Newsom issued a Proclamation of State of Emergency on October 19, 2021 in response to the State of California experiencing drought conditions; and WHEREAS, California has enacted a new emergency regulation on June 8, 2022 in response to worsening drought conditions and lagging conservation efforts; and WHEREAS, The Water Boards recognize the importance of recycled water as a critical water supply for California on August 5, 2022; and WHEREAS, the objectives of the Recycled Water Master Plan and Expansion Project are to: a) develop a new water supply that is both reliable and drought-resistant; and b) reduce the use of potable water for irrigation and other non-potable uses by supplying those demands with recycled water; and
WHEREAS, State Water Resources Control Board requires a City Resolution for authorizing City staff to file applications on behalf of the City; and

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

SECTION 1. The City Council approves the filing of a grant application for funding for the planning, design, and construction of Recycled Water Master Plan and Expansion Project, under and pursuant to the terms and provisions of the State Water Resources Control Board’ Water Recycling Funding Program.

SECTION 2. The City Manager or his/her designee is hereby authorized and directed to sign and file, for and on behalf of the City of San Clemente, a Financial Assistance Application for a grant agreement from the State Water Resources Control Board for the planning, design, and construction of the Recycled Water Master Plan and Expansion Project.
172
Resolution No. Page 2
SECTION 3. The City Manager, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 4. The City Manager, or his/her designee, is designated to represent the City of San Clemente (the City) in carrying out the City’s responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 173
Resolution No. Page 3
PASSED AND ADOPTED this _____ day of December, 2022.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
174
Resolution No. Page 4

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 _______ day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
175

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: A.

Department: Building Division
Prepared By: Jack Holden, Building Official
Subject:

PUBLIC HEARING - ORDINANCE TO ADOPT VARIOUS BUILDING CODE REGULATIONS AND

LOCAL AMENDMENTS
Fiscal Impact:

None.

Summary:

Public Hearing set by Council to adopt the 2022 California Building Standards Code with local amendments.

Background:

On November 1, 2022, the Council set the public hearing as required by State Law to allow for the adoption and amendment of the new 2022 California Building Standards Code (Title 24) that becomes effective on January 1, 2023. During the November 1, 2022 meeting, the Council introduced the first reading of an ordinance to adopt the 2022 California Building Standards Code with Local Amendments. In addition to the second reading of the ordinance, Government Code 50022.2 requires that a public hearing be conducted after first reading of the ordinance.

Discussion:

Every three years the State of California Building Standards Commission (BSC) reviews the newest model codes published by various independent code-developing bodies. These model codes are sent to the BSC and the other state agencies that propose or adopt building standards. These model codes with state amendments from the various state agencies become the California Building Standards Code.

The California Building Standards Code, Title 24, are the established minimum regulations for the design and construction of buildings and structures in California. State law mandates that local government enforce these regulations.

Local ordinances amending building standards approved/adopted by the Commission are subject to requirements of California law. Local ordinances generally must be more restrictive than the minimum building standards approved/adopted by the Commission. These local amendments must be filed, as appropriate, with either the Building Standards Commission or the Department of Housing and Community Development.

The City is proposing changes to the 2022 Editions of the California Building, Plumbing, Mechanical, Electrical, Residential, Fire, and Existing Building Codes. These modifications are reasonably CITY OF SAN CLEMENTE Page 1 of 3 Printed on 12/1/2022
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Meeting Date: 12/6/2022 Agenda Item: A.

Electrical, Residential, Fire, and Existing Building Codes. These modifications are reasonably necessary due to local conditions in San Clemente. These local conditions are described in Section 2 Findings in the Ordinance and in general are “Climatic Conditions, Topographical Conditions, and Geological Conditions” that affect application of the various codes to our specific local land types and city limitations. Other amendments are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente. Adoption of these codes as amended will implement the latest codes in the City and comply with current State law.

For these building regulations to be adopted and local amendments effective January 2023 it was necessary to introduce the attached building code ordinance for first reading at the November 1, 2022 City Council meeting. The first reading was completed and the public hearing scheduled for December 6, 2022.

California Code of Regulations, Title 24 - the 2022 California Building Standards Code, incorporates the family of codes listed below and becomes effective statewide on January 1, 2023. Adoption of these codes will amend the current San Clemente Municipal Code Titles listed below.

Part 1 of Title 24
2022 California Administrative Code SCMC 15.05
Part 2 of Title 24
2022 California Building Code (Volumes 1 & 2) SCMC 15.08 [Based on the 2021 International Building Code (IBC) as amended by the State] Part 2.5 of Title 24
2022 California Residential Code SCMC 15.22
[Based on the 2021 International Residential Code (IRC) as amended by the State] Part 3 of Title 24
2022 California Electrical Code SCMC 15.12
[Based on the 2020 National Electrical Code (NEC) as amended by the State] Part 4 of Title 24
2022 California Mechanical Code SCMC 15.16
[Based on the 2021 Uniform Mechanical Code (UMC) as amended by the State] Part 5 of Title 24
2022 California Plumbing Code SCMC 15.20
[Based on the 2021 Uniform Plumbing Code (UPC) as amended by the State] Part 6 of Title 24
2022 California Energy Code SCMC 15.11
Part 8 of Title 24
2022 California Historical Building Code SCMC 15.17
Part 9 of Title 24
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2022 California Fire Code SCMC 8.16
[Based on the 2021 International Fire Code (IFC) as amended by the State] Part 10 of Title 24
2022 California Existing Building Code SCMC 15.23
[Based on the 2021 International Existing Building Code (IEBC) as amended by the State] Part 11 of Title 24
2022 California Green Building Standards Code SCMC 15.14 Part 12 of Title 24
2022 California Referenced Standards Code SCMC 1518
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council Adopt Ordinance No. 1738 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 15 CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16, 15.17, 15.18, 15.20, 15.22, 15.23 AND TITLE 8 CHAPTER 8.16 OF THE SAN CLEMENTE MUNICIPAL CODE AND, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24), CONSISTING IN PART OF THE 2022 ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN ADDITIONS,

AMENDMENTS AND DELETIONS
Attachment:

1. Ordinance No. 1738

2. Summary of Amendments Matrix - 2022 California Building, Electrical, Mechanical, Plumbing, Residential, Existing Building Codes, and Fire Codes.

Notification:

Noticed as required by Statute
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 12/1/2022
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1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE
15 CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16,

15.17, 15.18, 15.20, 15.22, 15.23 AND TITLE 8
CHAPTER 8.16 OF THE SAN CLEMENTE MUNICIPAL
CODE AND, ADOPTING BY REFERENCE THE 2022

CALIFORNIA BUILDING STANDARDS CODE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24),
CONSISTING IN PART OF THE 2022
ADMINISTRATIVE CODE, THE 2022 CALIFORNIA
BUILDING CODE, THE 2022 CALIFORNIA
RESIDENTIAL CODE, THE 2022 CALIFORNIA
ELECTRICAL CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA
PLUMBING CODE, THE 2022 CALIFORNIA FIRE
CODE, THE 2022 CALIFORNIA GREEN BUILDING
STANDARDS CODE, THE 2022 CALIFORNIA ENERGY
CODE, THE 2022 CALIFORNIA HISTORICAL
BUILDING CODE, THE 2022 CALIFORNIA EXISTING
BUILDING CODE, AND THE 2022 CALIFORNIA

REFERENCED STANDARDS CODE, TOGETHER WITH

CERTAIN ADDITIONS, AMENDMENTS AND

DELETIONS
WHEREAS, Health & Safety Code Section 17958 mandates that the City of San Clemente (“City”) adopt ordinances or regulations imposing the requirements of certain uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and
WHEREAS, the State of California is mandated by Health & Safety Code Section 17922 to impose the same requirements as are contained in the uniform codes. The State adopts and publishes codes every three years for building and construction throughout the State (hereinafter referred to collectively as “Codes”); and WHEREAS, the California Building Standards Commission recently adopted the 2022 Edition of the California Building Standards Code; and
WHEREAS, pursuant to Government Code section 50022.1 et seq., the City may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other codes; and WHEREAS, Health & Safety Code Section 17958.5 and 18941.5 permit the City to adopt the California Building Standards Code and to make such changes or ATTACHMENT #1
179
2 modifications to the Codes as are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, the Building Official and Director of Community Development have recommended that changes and modifications be made to certain Codes and have advised that said changes and modifications to the California Building Code, 2022 Edition; the California Residential Code, 2022 Edition; the California Electrical Code, 2022 Edition; the California Mechanical Code, 2022 Edition; the California Plumbing Code, 2022 Edition; and the Existing Building Code, 2022 Edition are reasonably necessary due to local conditions in the City of San Clemente and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente.

Also the various parts of the California Building Standards Code shall also be adopted by ordinance to include the 2022 California Administrative Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Historical Building Code, and the 2022 California Referenced Standards Code with no local amendments.

The California Fire Code, 2022 Edition changes and modifications developed by Orange County Fire Authority are included in this ordinance.

NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of San Clemente as follows:

The City of San Clemente adopts the following parts of the 2022 California Building Standards Codes with certain local additions, amendments, and deletions, amending the San Clemente Municipal Code,
Title 15 Buildings and Construction
Chapter 15.08 Building Code
Chapter 15.12 Electrical Code
Chapter 15.16 Mechanical Code
Chapter 15.20 Plumbing Code
Chapter 15.22 Residential Code
Chapter 15.23 Existing Building Code
Title 15 Building and Construction, the remaining parts of the 2022 California Building Standards Codes that the City is not amending.

Chapter 15.05 Administrative Code
Chapter 15.11 Energy Code
Chapter 15.14 Green Building Standards Code
Chapter 15.17 Historical Building Code
Chapter 15.18 Referenced Standards Code
Title 8 Health and Safety
Chapter 8.16 Fire Code Amended by Orange County Fire Authority 180
3 Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Findings. Based on the foregoing and the below findings, the City Council of the City of San Clemente does hereby find that the proposed amendments to each of the sections of the 2022 Edition of the California Building Standards Code to be amended, added, modified, changed, or deleted are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in “Exhibit A” of this Ordinance. The City Council finds and determines there is a need to adopt the changes or modifications to the Codes because of local climatic, topographical, and geological conditions as follows:

Section 2. Findings. The City Council finds and determines there is a need to adopt the changes or modifications to the Codes because of local climatic, topographical, and geological conditions as follows:

I. Climatic Conditions
A. The jurisdiction of San Clemente is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 m.p.h. or greater are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires also disrupt utility services throughout the area.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the local fire authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the City.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and, although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional onsite fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. 181
4 The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

E. These climatic conditions are applicable to amendments to the 2022 California Building Code Sections 901.2, 903.2, 903.2.8, 1505.1, and to the 2022 California Fire Code Sections 903, 1201, 2808, 4906.3.

II. Topographical Conditions:

A. Natural slopes of 15 percent or greater generally occur throughout the City.

The elevation change caused by the hills creates the geological foundation on which communities within the City are built and will continue to build. With much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout the City.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

D. These topographical conditions are applicable to amendments to 2022 California Building Code Sections 3109.2, the 2022 California Residential Code Sections R313., R404.2, R602, R1001, the 2022 California Fire Code Sections 305, 307, 903, 1201, 2808, 4909.

III. Geological Conditions:

A. The City is a densely populated area that has buildings constructed over and/or near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area that ran from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the City of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

B. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under sections above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When 182
5 combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. The State Department of Conservation noted, in their 1988 report (Planning Scenario on a Major Earthquake on the Newport Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” C. Road circulation features located throughout the City also make amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanied by occasional heavy rainfall, cause roadway flooding and landslides and at times may make an emergency access route impassable.

D. Soils throughout the City possess corrosive properties that reduce the expected usable life of water services when metallic pipes come in contact with these soils.

E. Expansive soils throughout the City combined with predominant hillside conditions, groundwater and occasional flooding raise the potential for ground slippage, ground erosion, slope failure and building damage.

F. Portions of Orange County contain active or former oil production fields.

These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary implement for appropriate mitigation.

G. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

H. These geological conditions are applicable to amendments to the 2022 California Building Code Sections 1502.4, 1505, tbl 1807.1.6, 1904, the 2022 California Electrical Code Section 300.5 the 2022 California Mechanical Code Sections 504.3, 1308, the 2022 California Plumbing Code Sections 604.2, 609.3, 610.8, 701.1, 1208.5.3.1, the 2022 California Residential Code Sections R402.2, R404.2, R602.

Furthermore the City Council finds that the proposed amendments to the various codes meets the State mandate for local modifications to the State Standard Building Codes being more restrictive and reasonably necessary because of local climatic, geological or topographical conditions.
183
6 Additional amendments are found to be either administrative or procedural in nature or to concern themselves with subjects not covered in the Codes. They are necessary for administrative clarification, and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5. These administrative amendments establish administrative standards for the effective enforcement of the building standards in the City. The changes made include provisions making each of said Codes compatible with other codes enforced by the City and fee schedules.

A copy of this Ordinance adopting the 2022 California Building Standards Code, as amended, shall be filed with the California Building Standards Commission by the City Clerk of the City of San Clemente.

Section 3. CEQA Findings. The City Council finds that this ordinance is not subject to the requirements of California Environmental Quality Act (“CEQA”) for the following reasons:

A. This Ordinance is not a “project” within the meaning of State CEQA Guidelines, section 15378, because it has no potential for resulting in direct or indirect physical change in the environment.

B. This Ordinance is exempt under section 15061(b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that this code amendment will have a significant effect on the environment.

Code Amendments. Based on the foregoing, the City Council of the City of San Clemente does hereby find that the proposed amendments to the 2022 Edition of the California Building Standards Code are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in “Exhibit A” of this Ordinance. The following amendments are made to the below-listed sections, subdivisions, and subsections of Title 15 of the San Clemente Municipal Code:

Section 4.
“Section 15.05.010 2022 Administrative Code Adopted
Where Filed, is hereby amended to read as follows:

The 2022 California Administrative Code is hereby adopted and a copy held for public review in the Building
Division.

Chapter 15.08. 2022 Building Code is hereby amended as follows:

Chapter 15.08 BUILDING CODE
184
7 15.08.010 Building Code Adopted – Where filed.

15.08.020 Division II of Chapter 1 amended — administration.

15.08.025 Chapter 2 amended — Definitions.

15.08.030 Chapter 4 amended — Special Detailed Requirements Based on Use and Occupancy.

15.08.035 Chapter 7A amended — Materials and Construction Methods for Exterior Wildfire Exposure.

15.08.040 Chapter 9 amended — Fire Protection Systems.

15.08.050 Chapter 15 amended — Roof Assemblies and Rooftop Structures.

15.08.060 Chapter 18 amended — Soils and Foundations.

15.08.070 Chapter 31 amended — Special Construction.

15.08.080 Reserved.

15.08.090 Reserved.

15.08.100 Construction of Off-Street Parking Lots.

Section 15.08.010 Building Code Adopted – Where filed.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location,
maintenance, and areas of every building or structure or any appurtenances connected or attached to such building or structure in the City, the California Building Code (“CBC”), 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, including Chapter 1 and Appendix I, is hereby adopted, as modified in this Chapter. A copy is on file for public examination in the City's Building Division Office.

15.08.020 Division II of Chapter 1 amended —
Administration.

Division II of Chapter 1 of CBC is hereby amended as
follows:

A. Subsection 101.1 is hereby amended to read in its
entirety as follows:
101.1 Title. These regulations shall be known as the
San Clemente Building Code, hereinafter referred to
as “this code.”
185
8 B. Subsection 101.2 is hereby amended to read in its
entirety as follows:
101.2 Scope. The provisions of this code shall apply
to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use
and occupancy, location, maintenance, removal and
demolition of every building or structure or any
appurtenances connected or attached to such
buildings or structures.

Exception: Detached one- and two-family
dwellings and multiple single-family dwellings
(townhouses) not more than three stories above
grade plane in height with a separate means of
egress and their accessory structures not more
than three stories above grade plane in height,
shall comply with the California Residential Code.

The provisions of these codes shall apply to and
affect all of the territory of the City of San
Clemente, except work located primarily in a
public way, public utility towers and poles,
mechanical equipment not specifically regulated in
these codes, hydraulic flood control structures,
facilities for the production, generation, storage or
transmission of water or electrical energy by a
local agency, and except as exempted by these
codes.

C. Section 101.2.1 Appendices is amended to add a
sentence to read: Appendix I Patio Covers is adopted by reference.

D. Subsection 101.4. is hereby amended to read in its
entirety as follows:
101.4 Referenced codes. The other codes listed in
Sections 101.4.1 through 101.4.7 and referenced
elsewhere in this code shall be considered part of the
requirements of this code to the prescribed extent of
each such reference.

E. A new Subsection 101.4.8 is hereby added to Section
101 to read in its entirety as follows:
186
9 101.4.8 Green Code. The provisions of the California
Green Building Standards Code shall apply to design
and construction of buildings for sustainability.

F. Subsection 105.2 is hereby amended by deleting items 1 through 13 under the heading “Building” and replacing them with the following:

Building:

1. One-story detached accessory buildings and
structures used as tool and storage sheds,
playhouses and similar uses and structures such
as portable shade cloth structures, provided the
floor area does not exceed 120 square feet or a
wall height of 8 feet. Such structures must comply
with the setback and height requirements of the
City Zoning Ordinance and the Fire Code.

2. Fences not over 6 feet high. Masonry fences
under 42 inches in height above finish grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height
measured from the bottom of footing to the top of
wall unless supporting a surcharge, impounding
Class I, II or IIIA liquids, or if on a slope less than 1 in 3. Retaining walls on slopes greater than 1 in 3
are required to be reviewed by engineering and
planning divisions to determine if permitting is
required.

5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons and the
ratio of height to diameter or width does not
exceed 2:1 and not on or within 7 feet of a
descending slope.

6. Detached decks, platforms or similar structures
not exceeding 200 square feet in area, walkways,
sidewalks and driveways that are not more than
30 inches above adjacent grade, and not over any
basement or story below, and are not part of a
187
10 required exit means of egress, and are not part of
an accessible route.

7. Painting, papering, tiling (except shower
enclosures), carpeting, cabinets, counter tops and
similar finish work that does not involve electrical,
mechanical or plumbing work.

8. Temporary motion picture, television and theater
stage sets and scenery when approved by special
use permit.

9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 18 inches
deep, do not exceed 5,000 gallons and are
installed entirely above ground.

10.Shade cloth structures constructed for nursery or
agricultural purposes, not including service
systems that meet zoning requirements.

11.Swings and other playground equipment
accessory to detached one- and two-family
dwellings.

12.Window awnings supported by an exterior wall
that do not project more than 54 inches from the
exterior wall and do not require additional support
of Group R-3 and U occupancies.

13.Non-fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches in
height.

14. Ground mounted Radio and television antenna,
and flagpoles not higher than the setback from the
property line and not more than 20 feet (20) feet in
height measured from grade. Small dish receivers
mounted on Residential uses.

Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required for
the above-exempted items.

H. Subsection 105.3 #8 is here by added to read in its entirety as follows:
188
11 8. Electric Vehicle Charging Stations shall be expedited per AB 1236. The checklist derived from the ZeroEmission Vehicles in California posted on the City web site may be used to apply for permits and may be
submitted electronically. HOA approval not required.

I. Subsection 105.3.2 is hereby amended to read in its
entirety as follows:
105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned 12 months after
the date of filing, unless such application has been
pursued in good faith or permit has been issued;
except that the building official is authorized to grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause
demonstrated. The total period of application
extensions granted shall not exceed an additional 18
months. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan check fee.

J. Subsection 105.5 is hereby amended to read in its
entirety as follows:

105.5 Expiration. Every permit issued shall become
invalid unless the work on the site authorized by such
permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended, abandoned, or if an inspection is
not requested within a period of 180 days and an
approved inspection that shows work is progressing.

Any permittee holding an unexpired permit may apply
for an extension of the time within which work may
commence under that permit when the permittee is
unable to commence work within the time required.

The extension shall be requested in writing prior to
the permit expiring and show justifiable cause
demonstrating that circumstances beyond the control
of the permittee have prevented action from being
taken. Pursuant to this paragraph, the Building
Official or his/her designee is authorized to grant, in 189
12 writing, one or more extensions of time for a period not more than 180 days. The completion of
construction shall not extend beyond the timeframes
mandated in Section 105.8 of this code even with
such extension.

Before such work can be recommenced after a permit
expires, a new permit shall first be obtained, and a fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have
been made or will be made in the original plans and
specifications for such work, and provided further that such suspension or abandonment has not exceeded
one year. In order to renew action on a permit after
this one year time period, the permittee shall pay a
new full permit fee.

K. A new Subsection 105.8 is hereby added to Section
105 to read in its entirety as follows:
105.8 Completion of construction. Notwithstanding
subsection 105.5 above, all construction shall be
completed by the owner, owner's agent, or the
permittee and approved by the City within the
following time frame:
a. New residential buildings construction . . . 24 months b. Residential room additions and remodels . . .
12 months
c. Tenant improvements . . . 12 months
d. Pools/spas . . . 12 months
e. Patio covers and similar structures . . . 6 months
f. Fences and/or retaining walls . . . 6 months
g. Water heaters, water softeners, and air conditioners . . . 6 months
h. All other minor alterations . . . 6 months
Upon written request of the owner or permittee, the
Building Official and/or his/her designated
representative may extend the period for completion
of construction for a period not to exceed one
hundred eighty (180) days. The written request must
demonstrate that (1) due to circumstances beyond the
owner's or permittee's control, construction could not
be completed in the required construction period; (2)
that reasonable progress has been made; (3) that the
condition of the property presents no health or safety
hazard; and (4) that the continued delay will not
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13 create any unreasonable visual or physical detriment to the neighborhood. Any extension beyond one
hundred eighty (180) days must be approved by the
City Manager.

L. A new Subsection 105.9 is hereby added to Section
105 to read in its entirety as follows.
105.9 Maintenance of property during
construction. During construction, all property shall
be maintained in a reasonably clean and well-kept
manner. All lumber and building materials shall be
neatly piled or stacked in a safe manner and stored in
the rear yard of the residential property or inside the building construction perimeter, except that building
materials may be stored in a front yard for a period
not to exceed thirty (30) days. A waiver of this
requirement may be obtained from the Building
Official or his/her designated representative if the
construction is screened from view from adjacent
occupied or public property with fencing materials
approved by city zoning and building regulations. Any
building that is left unsecured by the absence of doors or windows during construction shall secure those
openings or provide fencing to prevent unauthorized
entry.

M. A new Subsection 107.2.9 is hereby added to Section
107 to read in its entirety as follows:
107.2.9 Soil report. A Soil Report shall be submitted
with all permit applications for new construction and
additions. Soil Reports shall be prepared by a
professional engineer licensed by the State to prepare
such reports. The Building Official may waive this
requirement if he/she finds that the scope of work
applied for does not necessitate a soil report.

N. Subsection 107.3 is hereby amended to add a second
paragraph that reads as follows:

When submittal documents are required by Section
107.1, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review.

Said plan review fees are separate fees from the
permit fees specified in Section 109.2 and are in
191
14 addition to the permit fees. Said plan review fee shall be as set forth in the City Council Fee Resolution.

O. Subsection 107.5 is hereby amended to add a second
paragraph that reads as follows:

The approved plans, permit application, inspection
card and other construction documents required by
the Building Official shall be imaged after the final
inspection and will be a permanent record in the City.

The applicant shall pay the cost of imaging at the time of permit.

P. Subsection 109.2 is hereby amended by adding a
sentence at the end to read as follows:

The fee for each permit shall be as set forth in the
City Council Fee Resolution unless otherwise
specified by the code.

Q. Subsection 109.3 is hereby amended to add a second
paragraph that reads as follows:

The Building Official shall make the determination of
value or valuation under any provisions of this code.

The valuation shall be determined by using rational
methods established by the Building Official that
reasonably establish the construction value or the
contract price of the actual construction cost. The
value of work to be used in computing the Building
Permit and Building Plan Review fees shall be the
total value of all construction work for which the
permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other
permanent equipment.

R. Subsection 109.4 is hereby amended to add a second
paragraph that reads as follows:

An investigation fee, in addition to the permit fee. The investigation fee shall be equal to the amount of the
permit fee required by this code. The payment of
such investigation fee shall not exempt any person
from compliance with all other provisions of this code
nor from any penalty prescribed by law.
192
15 S. Subsection 109.6 is hereby amended to read in its entirety as follows:
109.6 Refunds. The building official is authorized to
establish a refund policy. The building official may
authorize refunding of any fee paid hereunder which
was erroneously paid or collected as provided below.

The building official may authorize refunding of not
more than 80 percent of the permit fee paid when no
work has been done under a permit issued in
accordance with this code.

The building official may authorize refunding of not
more than 80 percent of the plan review fee paid
when an application for a permit for which a plan
review has been paid is withdrawn or canceled before
any plan reviewing is done.

The building official shall not authorize refunding of
any fee paid except on written application filed by the original permittee not later than 180 days after the
date of payment.

T. Subsection 109.7 is hereby added to Section 109 to
read in its entirety as follows:
109.7 Deposit. The Building Official may require a
deposit or bond from the applicant for a certain project or work in order to secure the request of final
inspection approvals from the applicant or the
repairing of damaged City properties during the period
of construction. The deposit money will be refunded
to the applicant when the final inspections are
approved or the damages are repaired to the
satisfaction of the City. The deposit amount shall not
be more than twice the permit fee.

U. Subsection 110.7 is hereby added to Section 110 to
read in its entirety as follows:
110.7 Re-inspections. A re-inspection fee may be
assessed for each inspection or re-inspection when
such portion of work for which an inspection is
193
16 requested is not complete or when previous
corrections are not corrected.

This subsection is not to be interpreted as requiring
re-inspection fees the first time a job is rejected for failure to comply with requirements of this Code, but
as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspection.

Re-inspection fees may be assessed when the
inspection record card is not posted or otherwise
made available on the work site, or when the
approved plans are not readily available to the
inspector, or for failure to provide access on the date for which inspection is requested.

To obtain a re-inspection, the applicant shall pay the
re-inspection fee as established by the City Council
Fee Resolution. In instances where re-inspection
fees have been assessed, no additional inspection of
work will be performed until the required re-inspection fees have been paid.

15.08.025 Chapter 2 amended — Definitions.

Chapter 2 of CBC is hereby amended as follows:

A. The definition of “Bedroom” is added to Section 202 to read as follows:

Bedroom. A room, space, or area used for sleeping.

A bedroom may also be determined by having a
privacy door, an emergency escape and rescue
opening, smoke alarms, a closet, location, minimum
ceiling height and floor areas, and design typically
found for bedrooms. Indicating on building plans other
designated uses does not permit the elimination of the
habitation and life safety measures the code
established for sleeping areas.

B. The definition of “Kitchen or Kitchenette” in Section 202 is hereby amended to read as follows:

Kitchen or Kitchenette. A room, space, or area for the
preparation and cooking of food. The installation of
equipment, appliances, kitchen sink, garbage disposal,
194
17 240 volt outlets, gas piping, refrigerator, dedicated 20amp outlets, exhaust hood, counters, under or over
counter cabinetry. Singly or a combination of any may
be used to identify a kitchen use.

C. The Definition of Spark Arrester in Section 202 is hereby amended to read as follows:

SPARK ARRESTER. A listed device constructed of
noncombustible material specifically for the purpose
of preventing embers from the burning of solid fuel
from leaving the flue. All fireplaces that burn solid fuel in accordance with California Building Code Chapter
28 shall be provided a spark arrester. (note: no new
fireplaces burning solid fuel are permitted)
D The Definition of “Swimming Pool” in Section 202 is
hereby amended to read as follows:

SWIMMING POOL. Any structure intended for
swimming, recreational bathing or wading that
contains water over 18 inches deep. This includes inground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.

15.08.030 Chapter 4 amended — Special Detailed
Requirements Based on Use and Occupancy.

Chapter 4 of CBC is hereby amended as follows:

A. Subsection 406.2.4 Floor Surfaces. is hereby
amended by restating the second sentence as
follows, and by deleting exception #1:

The area of floor used for the parking of automobiles
or other vehicles shall be sloped to facilitate the
movement of liquids to a drain or toward the main
vehicle entry doorway. A drainage system equipped
with a trench drain or floor drains leading to an
approved oil separator discharging to sewers in
accordance with the California Plumbing Code except
garages of R-3 occupancies.

15.08.035 Chapter 7A amended — Materials and
Construction Methods for Exterior Wildfire Exposure.
195
18 Chapter 7A of CBC is hereby amended as follows:

Subsection 710A.3.3 is hereby amended to read in its
entirety as follows:
710A.3.3 Detached accessory structures within 50
feet of an applicable building shall comply with the
requirements of this section.

15.08.040 Chapter 9 amended — Fire Protection
Systems.

Chapter 9 of CBC is hereby amended as follows:

Subsection 901.2 Fire protection systems is hereby
amended by adding:

Technical changes to this chapter are found in the
amendments to the California Fire Code as amended
including the referenced standards.

Subsection 903.2 is hereby amended to read in its entirety as follows:
903.2 Where required. Approved automatic sprinkler
systems in buildings and structures shall be provided in the locations described in this section and in Section 903.2 of the California Fire Code as amended by the City of San
Clemente when one of the following conditions exists:

1. New buildings: In addition to the requirements of
section 903.2.1 through 903.2.19, approved
automatic sprinkler systems in new buildings,
structures and change of use shall be provided as
follows (Exception: Group R Detached one- twofamily dwellings and townhouses as required by section 903.2.8):
i) Throughout all Groups A, I, E, and H
Occupancies
ii) Throughout all Group B, F, M, and S
Occupancies exceeding 1,000 square feet
iii)Throughout all Group U-1 Occupancies
exceeding 6,000 square feet
196
19 For the purposes of this section, fire walls shall not define separate buildings.

2. Alteration: When the floor area of the Alteration
within any two-year period exceeds 75% of area of
the existing structure and the alteration includes
structural modifications other than seismic upgrade.

3. Addition: Sprinkler protection shall be provided
throughout the entire building when:

1. Existing unsprinklered building less than
5,000 ft2: where 20% or more is added and
the gross floor areas exceed 5,000 square
feet.

2. Existing unsprinklered building equal or
greater than 5,000 ft2: where more than
1,000 ft2 is added.

3. Fire sprinklers shall be provided in additions
to an existing building that has fire
sprinklers installed.

4. Change of use when required by that
use.

Subsection 903.2.8 is hereby amended to read in its entirety as follows:
903.2.8 Group R. An automatic sprinkler system
installed in accordance with Subsection 903.3 of
Section 903 of this code and Subsection 903.3 of
Section 903 of the California Fire Code as amended
by the City of San Clemente shall be provided
throughout all buildings with a Group R fire area as
follows:

1. All new Group R occupancies, including the
attached garages

2. All existing Group R occupancies and U-1
garages when the total floor area is increase by
50% of the existing area over a 2-year period

3. All existing Group R occupancies and U-1
garages when the total area is increased by 750
square feet or more over a 2-year period

4. All existing Group R occupancies and U-1
garages when an additional story is added to the
structure regardless of the area involved
197
20 5. An automatic sprinkler system shall be installed
throughout any existing Group R Occupancy
building when the floor area of the Alteration or
Combination of an Addition and Alteration, within
any two year period, is 50% or more of area of
the existing structure and where the scope of the
work exposes building framing and facilitates
sprinkler installation and is such that the
Building/Fire Code Official determines that the
complexity of installing a sprinkler system would
be similar as in a new building.

6. Any addition to existing building that has fire
sprinklers installed.

Exceptions:

1. Existing Group R-3 occupancies converted to
Group R-3.1 occupancies not housing
bedridden clients, not housing non-ambulatory
clients above the first floor and not housing
clients above the second floor.

2. Existing Group R-3 occupancies converted to
Group R-3.1 occupancies housing only one
bedridden client and complying with CBC
Section 425.8.3.3.

3. Pursuant to Health and Safety Code Section
13113 occupancies housing ambulatory
children only, none of whom are mentally ill or
mentally retarded, and the buildings or portions
thereof in which such children are housed are
not more than two stories in height, and
buildings or portions thereof housing such
children have an automatic fire alarm system
activated by approved smoke detectors.

4. Pursuant to Health and Safety Code Section
13143.6 occupancies licensed for protective
social care which house ambulatory clients
only, none of whom is a child (under the age of
18 years), or who is elderly (65 years of age or
over).

When not used in for an increase in height or area, an
automatic sprinkler system installed in accordance
with Section 903.3.1.2 shall be allowed in Group R2.1 occupancies. 198
21 15.08.050 Chapter 15 amended — Roof Assemblies and
Rooftop Structures.

Chapter 15 of CBC is hereby amended as follows:

A. Subsection 1502.4 is hereby added by adding a
paragraph to read as follows:

Water that accumulates on a roof shall be effectively
drained and conveyed from the roof to a storm drain,
street gutter, or other locations approved by the
Building Official. Such water shall be conveyed
through gutters, leaders, associated piping or other
non-erodible surface drainage devices as approved
by the Building Official. For any minor or small roofs, the Building Official may exempt this requirement.

B. Table 1505.1 in Subsection 1505.1 is hereby
amended to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATION

FOR TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
a. Unless otherwise required in accordance with Chapter 7A.

C. Subsections 1505.1.1, 1505.1.2, 1505.1.3 are hereby
deleted and replaced with a new Subsection 1505.1.1
to read in its entirety as follows:
1505.1.1 Roof Coverings. The roof covering or
roofing assembly on any new structure regulated by
this code shall be Class A fire retardant roof minimum
as classified in CBC Section 1505.2. Noncombustible roof covering may be applied in accordance with the manufacturer’s requirements in
lieu of a fire retardant roofing assembly. Wood
roofing materials are prohibited unless pressure
treated and approved for fire retardant of Class A
minimum. For existing structure when ten percent
(10%) or more of the total roof area is re-roofed within any one-year period, shall have a Class A fire
retardant roof covering for entire roof area. For
existing structure when less than ten percent (10%) of
199
22 the total roof area is re-roofed within any one-year period, shall have a fire retardant roof covering class equal to or greater than the existing roof covering and not less than Class B.

15.08.060 Chapter 18 amended — Soils and Foundations.

Chapter 18 of CBC is hereby amended as follows:

Subsection 1807.1.6 is hereby amended to read in its
entirety as follows:
1807.1.6 Prescriptive design of concrete and
masonry foundation walls. Concrete and masonry
foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and
constructed in accordance with this section.

Prescriptive design of foundation walls shall not be
used for structures assigned to Seismic Design
Category D, except for detached garages, sheds,
detached decks, and additions 200 sq. ft. or less.

Structures within 7 feet of a descending slope may be
required to have engineered foundation systems.

15.08.070 Chapter 31 amended—Special Construction.

Section 3109 Swimming Pools, Spas and Hot Tubs is hereby amended as follows:
3109.2 California swimming pool safety act
(statewide) is amended as follows:
115921 (c) “Enclosure” is amended to read as
follows:
(c) “Enclosure" means a fence, wall, or other barrier
that isolates a pool from access to the home and
access from adjacent properties and public ways.
115922 (a) is amended to read as follows: With the
exception of item #1, Items #2 through #7 of
115922(a) are unamended.
(a) Except as provided in Section 115925, when a
building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing
swimming pool or spa at a private single -family home
200
23 all pools shall be enclosed by an enclosure that meets the provisions of 115923 and in addition a second
drowning prevention safety feature shall be added.

When the dwelling is a part of the enclosure two
additional safety features from the items # 2 through
#7, inclusive, shall be installed.
115922 (1) is amended to read as follows:
(1) An enclosure that meets the requirements of
Section 115923 and isolates the swimming pool or
spa from the private single family home and access
from adjacent properties and public ways.
115923 (e) is amended by adding to the end: “Where
the barrier is composed of vertical and horizontal
members the maximum distance between the vertical
members shall be 4 inches. The minimum distance
between horizontal members shall be 45 inches to
prevent a climbable condition. Decorative
embellishments shall not cause a climbable condition
and are limited to ¾ inch projection or 60 degree
slope.”
115928 is amended by adding: (d) Sound
Attenuation, to read as follows:
(d) Filters, heating systems, and pumps installed to
serve pool, spa, hot tub, waterfall or any body of
water, shall be enclosed and soundproofed. An
acoustical report prepared by a licensed or approved
acoustical professional can be used to substitute for
sound wall enclosures as long as the report
demonstrates the compliance of the requirements
specified in Chapter 8.48 of the San Clemente
Municipal Code.

Section 5. Chapter 15.11. Chapter 15.11 of the San Clemente Municipal Code “Energy Code” is hereby amended to read as follows:

Chapter 15.11 ENERGY CODE

15.11.010 Energy Code Adopted – Where filed.
201
24 The 2022 California Energy Code and its provisions relating to the use of all forms of energy and the conservation
thereof is hereby adopted and a copy held for public review in the Building Division.

Section 6. Chapter 15.12. Chapter 15.12 of the San Clemente Municipal Code “Electrical Code” is hereby amended to read as follows:

Chapter 15.12 ELECTRICAL CODE

15.12.010 Electrical Code Adopted – Where filed.

15.12.020 Amendments, additions and deletions

15.12.010 Electrical Code Adopted – Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 3, known and designated as the California Electrical Code, 2022 Edition based on the National Electrical Code (NEC), 2020 Edition, as published by the National Fire Protection Association with the modifications set forth below for the purpose of prescribing regulations for the installation, arrangement, alteration, repairing, replacement, remodeling, or use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The provisions of this code shall constitute the electrical code regulations of the City. The California Electrical Code is on file for public examination in the City’s Building Division office.

15.12.020 Amendments, additions and deletions.

A. A new Section 90.0 of Article 90 of the California
Electrical Code is hereby added to read in its entirety as follows:

90.0 Administration and Fees.

Administrative provisions contained in Division II of
Chapter 1 of the California Building Code and
California Residential Code, as amended by the City
of San Clemente, shall apply to the California
Electrical Code, as adopted and amended by the City
of San Clemente.
202
25 B. A new Subdivision (L) is hereby added to Section
300.5 of Article 300 of Chapter 3 of the California
Electrical Code to read in its entirety as follows:
(L) Underground utilities required. Overhead
wiring shall not be installed outside on private
property. The building official, as a condition
precedent to the issuance of a building permit, shall
require all utility services located within any lot to be installed underground if:
(a) The property is to be developed with a new or
relocated main building
For purposes of this section, “main building” shall
mean a building in which is conducted the principal
use of the lot or building site on which such building is located.

The owner or developer of the property shall be
responsible for complying with the requirements of
this section and shall provide all the necessary
facilities on the property to receive such services from the supplying utilities. If the building official
determines that application of this requirement causes
extraordinary hardship, the building official may
modify or delay the imposition of the undergrounding
requirement upon approval of property owner’s
application therefore. If the building official
determines to delay the installation of the
requirement, he may require a recorded agreement
guaranteeing the future performance of the work,
together with adequate performance security in the
form of a cash, surety bond, or letter of credit.

For purposes of this section, appurtenances and
associated equipment, such as, but not limited to,
surface-mounted transformers, pedestal-mounted
terminal boxes and meter cabinets, and concealed
ducts in an underground system may be placed
above ground.

Section 7. Chapter 15.14. Chapter 15.14 of the San Clemente Municipal 203
26 Code, “Green Building Standards Code” is hereby amended to read as follows:

Chapter 15.14 GREEN BUILDING STANDARDS CODE

15.14.010 Green Building Standards Code Adopted –
Where filed.

The 2022 California Green Building Standards Code and its provisions relating to the sustainability of construction resources and the conservation thereof is hereby adopted and a copy held for public review in the Building Division.

Section 8. Chapter 15.16. Chapter 15.16 of the San Clemente Municipal Code, “Mechanical Code” is hereby amended to read as follows:

Chapter 15.16 MECHANICAL CODE

15.16.010 Mechanical Code Adopted – Where filed.

15.16.020 Amendments, additions and deletions

15.16.010 Mechanical Code Adopted – Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 4, known and designated as the California Mechanical Code, 2022 Edition based on the 2021 Uniform Mechanical Code
as published by the International Association of Plumbing and Mechanical Officials with the modifications set forth below for the purpose of prescribing regulations for the design, construction, installation, quality of materials, location, operation and maintenance or use of heating,
ventilating, cooling, refrigeration systems, incinerators and other heat-producing appliances in the City. The provisions of this code shall constitute the mechanical code regulations of the City. The California Mechanical Code is on file for public examination in the City’s Building Division office.

15.16.020 Amendments, additions and deletions.

A. Sections 104.4.3, and 104.5 of Division II of Chapter 1 of the California Mechanical Code are hereby deleted
and replaced by the following:
204
27 104.5 Administration and Fees. Administrative and
fee provisions contained in Division II of Chapter 1 of the California Building Code and California
Residential Code, as amended by the City of San
Clemente, shall apply to the California Mechanical
Code, as adopted and amended by the City of San
Clemente.

B. The first paragraph of Subsection 504.3 of the Section 504 of the California Mechanical Code is hereby
amended to read as follows:
504.3 Domestic Range Hoods and Vents. Kitchen
range hoods shall be installed for cooking facilities
with an approved forced-draft system of ventilation
vented to the outside of the building. Ducts used for
domestic kitchen range ventilation shall be of metal,
or other approved material, and shall have smooth
interior surfaces. Ducts for domestic range hoods
shall only serve cooking appliances. (Balance of the
subsection to remain unchanged.)
C. Subsection 1308.5 of Section 1308 of California
Mechanical Code is hereby amended by adding the
following sentences to the end of the paragraph:

Approved PE pipe and fittings shall be used in
exterior buried gas piping systems. Ferrous gas
piping is not permitted to be installed underground
unless a soils analysis is provided to show that soil
conditions will not be damaging to the piping material.

Section 9. Chapter 15.17. Chapter 15.17 of the San Clemente Municipal Code is hereby amended to read as follows:

Chapter 15.17 HISTORICAL BUILDING CODE

15.17.010 Historical Building Code Adopted – Where
filed.

The 2022 California Historical Building Code and its
provisions relating to historic buildings and structures to preserve historic and cultural buildings is hereby adopted and a copy held for public review in the Building Division. 205
28 Section 10. Chapter 15.18. of the San Clemente Municipal Code “Referenced Standards Code” is hereby amended to read as follows:

Chapter 15.18 REFERENCED STANDARDS CODE

15.18.010 Referenced Standards Code Adopted –
Where filed.

The 2022 California Referenced Standards Code and its
provisions relating to the use of various materials in
construction is hereby adopted and a copy held for public review in the Building Division.

Section 11. Chapter 15.20. Chapter 15.20 of the San Clemente Municipal Code “Plumbing Code,” is hereby amended to read as follows:

Chapter 15.20 PLUMBING CODE

15.20.010 Plumbing Code Adopted – Where filed.

15.20.020 Amendments, additions and deletions

15.20.010 Plumbing Code Adopted – Where filed.

The City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 5, known and designated as the California Plumbing Code,
2022 Edition based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials with the modifications set forth below for the purpose of prescribing regulations for the design, quality of materials, erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems in the City including Appendices A, B, C, D, and I. The provisions of this code shall constitute the plumbing code regulations of the City. The California
Plumbing Code is on file for public examination in the City’s Building Division office.

15.20.020 Amendments, additions and deletion.

A. Sections 104.4 and 104.5 of Division II of Chapter 1 of the California Plumbing Code are hereby deleted and
replaced by the following:
206
29 104.4 Administration and Fees. Administrative
provisions contained in Division II of Chapter 1 of the California Building Code and California Residential
Code, as amended by the City of San Clemente, shall
apply to the California Plumbing Code, adopted and
amended by the City of San Clemente.

B. Subsection 604.1 of Section 604.0 of the California
Plumbing Code is hereby amended by adding a
sentence to end of the third paragraph to read as
follows:

Ferrous materials are prohibited for water pipe and
fittings when installed in the ground unless a soils
analysis is provided to show that soil conditions will
not be damaging to the piping material. (Balance of
the section to remain unchanged)
C. Subsection 604.2 of Section 604.0 of the California
Plumbing Code is hereby amended to read in its
entirety as follows:
604.2 Copper tube for water piping shall have a
weight of not less than Type K.

Exceptions:

1. Type L copper tubing may be used for water
piping when piping is underground and not within
the footprint of the building foundation.

2. Type M copper tubing may be used for water
piping when piping is aboveground in, or on, a
building.

D. Item no. (2) in Subsection 609.3 of Section 609.0 of the California Plumbing Code is hereby amended to
read in its entirety as follows:
(2) Copper water piping installed under concrete floor
slabs within a building or structure shall be
copper tube Type “K” and shall be installed
without joints where possible. Where joints are
permitted, they shall be brazed and fitting shall
be wrought copper. Such copper tubing shall be
placed in a sand bed a minimum of three inches
207
30 (3”) in depth, and properly protected penetrates
concrete and similar materials.
(Balance of the section to remain unchanged)
E. Subsection 610.8 of Section 610.0 of the California
Plumbing Code is hereby amended by deleting the
last paragraph and replacing it with the following:

No building supply pipe shall be less than one inch
(1”) in diameter unless a design or calculations are
submitted and approved by Administrative Authority.

Each main building shall have a minimum of two
three-quarter-inch (3/4”) hose bibs; one located
readily accessible to the front yard and one to the
back yard.

F. Item no. (7) is hereby added to Section 701.1 of the California Plumbing Code to read as follows:
(7) Cast iron shall not be used for drainage and waste
piping when installed in the ground unless a soils
analysis is provided to show that soil conditions
will not be damaging to the piping material.

G. Subsection 1208.5 of Section 1208 of California
Plumbing Code is hereby amended by adding the
following sentences to the end of the paragraph:

Approved PE pipe and fittings shall be used in
exterior buried gas piping systems. Ferrous gas
piping is not permitted to be installed underground
unless a soils analysis is provided to show that soil
conditions will not be damaging to the piping material.

Section 12. Chapter 15.22. Chapter 15.22 of the San Clemente Municipal Code “Residential Code” is hereby amended to read as follows:

Chapter 15.22 RESIDENTIAL CODE

15.22.010 Residential Code Adopted – Where filed.

15.22.020 Division II of Chapter 1 amended —
Administration.

15.22.025 Reserved.

15.22.030 Chapter 3 amended — Building Planning.

15.22.040 Chapter 4 amended — Foundations.
208
31 15.22.050 Chapter 6 amended — Wall Construction.

15.22.060 Chapter 9 amended — Roof Assemblies.

15.22.070 Chapter 44 amended — Referenced Standards
(NFPA 13, NFPA 13R, NFPA 13D).

15.22.010 Residential Code Adopted – Where filed.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location,
maintenance, and areas of detached one–and two-family
residential dwellings, townhomes and structures accessory thereto in the City, subject to the modifications set forth in this Chapter, the City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 2.5, known and designated as the California Residential Code (CRC), 2022 Edition, based on the 2021 International Residential Code as published by the
International Code Council including Appendix H. A copy of this code is on file for public examination in the City’s Building Division office.

15.22.020 Division II of Chapter 1 amended — Administration.

Division II of Chapter 1 of CRC is hereby amended as follows:

A. Subsection R101.1 is hereby amended to read in its
entirety as follows:

R101.1 Title. These regulations shall be known as
the California Residential Code, and may be cited as
such and will be referred to herein as “this code”.

B. Subsection R101.2 is hereby amended by adding a
second paragraph to read as follows:

The provisions of this code shall apply to and affect all of the territory of the City of San Clemente, except
work located primarily in a public way, public utility
towers and poles, mechanical equipment not
specifically regulated in these codes, hydraulic flood
control structures, facilities for the production,
generation, storage or transmission of water or
electrical energy by a local agency, and except as
exempted by these codes.
209
32 C. Subsection R105.2 is hereby amended by deleting
items 1 through 10 under the heading “Building” and
replacing them with the following:

Building:

1. One-story detached accessory buildings and
structures used as tool and storage sheds,
playhouses and similar uses and structures such
as portable shade cloth structures, provided the
floor area does not exceed 120 square feet or a
wall height of 8 feet. Such structures must comply
with the setback and height requirements of the
City Zoning Ordinance and the Fire Code.

2. Fences not over 6 feet high. Masonry fences
under 42 inches in height above finish grade.

3. Oil derricks.

4. Retaining walls that are not over 4 feet in height
measured from the bottom of footing to the top of
wall unless supporting a surcharge, impounding
Class I, II or IIIA liquids, or if on a slope less than 1 in 3. Retaining walls on slopes greater than 1 in 3
are required to be reviewed by engineering and
planning divisions.

5. Water tanks supported directly on grade if the
capacity does not exceed 5,000 gallons and the
ratio of height to diameter or width does not
exceed 2:1 and not on or within 7 feet of a
descending slope.

6. Detached decks, platforms or similar structures
not exceeding 200 square feet in area, walkways,
sidewalks and driveways that are not more than
30 inches (762mm) above adjacent grade, and not
over any basement or story below, and are not
part of a required exit means of egress, and are
not part of an accessible route.

7. Painting, papering, tiling (except shower
enclosures), carpeting, cabinets, counter tops and
210
33 similar finish work that does not involve electrical, mechanical or plumbing work.

8. Temporary motion picture, television and theater
stage sets and scenery when approved by special
use permit.

9. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 18 inches
deep, do not exceed 5,000 gallons and are
installed entirely above ground.

10.Shade cloth structures constructed for nursery or
agricultural purposes, not including service
systems that meet zoning requirements.

11.Swings and other playground equipment
accessory to detached one- and two-family
dwellings.

12.Window awnings supported by an exterior wall
that do not project more than 54 inches from the
exterior wall and do not require additional support
of Group R-3 and U occupancies.

13.Non-fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches in
height.

14. Ground mounted Radio and television antenna,
and flagpoles not higher than the setback from the
property line and not more than 20 feet (20) feet in
height measured from grade. Small dish receivers
mounted on Residential uses.

Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required for
the above-exempted items.

D. Subsection R105.3.2 is hereby amended to read in its entirety as follows:

R105.3.2 Time limitation of application. An
application for a permit for any proposed work shall
be deemed to have been abandoned 360 days after
the date of filing, unless such application has been
211
34 pursued in good faith or permit has been issued;
except that the building official is authorized to grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be
requested in writing and justifiable cause
demonstrated. The total period of application
extensions granted shall not exceed an additional 18
months. In order to renew action on an application
after expiration, the applicant shall resubmit plans and pay a new plan check fee.

E. Subsection R105.5 is hereby amended to read in its
entirety as follows:

R105.5 Expiration. Every permit issued shall
become invalid unless the work on the site authorized
by such permit is commenced within 12 months after
its issuance, or if the work authorized on the site by
such permit is suspended or abandoned for a period
of 180 days after the time the work commenced.

Any permittee holding an unexpired permit may apply
for an extension of the time within which work may
commence under that permit when the permittee is
unable to commence work within the time required.

The extension shall be requested in writing prior to
the permit expiring and show justifiable cause
demonstrating that circumstances beyond the control
of the permittee have prevented action from being
taken. Pursuant to this paragraph, the Building
Official or his/her designee is authorized to grant, in writing, one or more extensions of time, for a period
not more than 180 days. The completion of
construction shall not extend beyond the timeframes
mandated in Section R105.10 of this code even with
such extension.

Before such work can be recommenced after a permit
expires, a new permit shall first be obtained, and a fee therefore shall be one half the amount required for a
new permit for such work, provided no changes have
been made or will be made in the original plans and
specifications for such work, and provided further that such suspension or abandonment has not exceeded
one year. In order to renew action on a permit after
212
35 this one year time period, the permittee shall pay a new full permit fee.

F. A new Subsection R105.10 is hereby added to
Section R105 to read in its entirety as follows.

R105.10 Completion of construction.

Notwithstanding subsection R105.5 above, all
construction shall be completed by the owner, owner's
agent, or the permittee and approved by the City
within the following time frame:
a. New residential buildings construction . . . 24
months
b. Residential room additions and remodels . . . 12
months
c. Pools/spas . . . 12 months
d. Patio covers and similar structures . . . 6 months
e. Fences and/or retaining walls . . . 6 months
f. Water heaters, water softeners and air
conditioners . . . 6 months
g. All other minor alterations . . . 6 months
Upon written request of the owner or permittee, the
Building Official and/or his/her designated
representative may extend the period for completion
of construction for a period not to exceed one
hundred eighty (180) days. The written request must
demonstrate that (1) due to circumstances beyond the
owner's or permittee's control, construction could not
be completed in the required construction period; (2)
that reasonable progress has been made; (3) that the
condition of the property presents no health or safety
hazard; and (4) that the continued delay will not
create any unreasonable visual or physical detriment
to the neighborhood. Any extension beyond one
hundred eighty (180) days must be approved by the
City Manager.

G. A new Subsection R105.11 is hereby added to
Section R105 to read in its entirety as follows.

R105.11 Maintenance of property during
construction. During construction, all property shall
be maintained in a reasonably clean and well-kept
manner. All lumber and building materials shall be
neatly piled or stacked in a safe manner and stored in
the rear yard of the residential property or inside the 213
36 building construction perimeter, except that building materials may be stored in a front yard for a period
not to exceed thirty (30) days. A waiver of this
requirement may be obtained from the Building
Official or his/her designated representative if the
construction is screened from view from adjacent
occupied or public property with fencing materials
approved by city zoning and building regulations. Any
building that is left unsecured by the absence of doors or windows during construction shall secure those
openings or provide fencing to prevent unauthorized
entry.

H. A new Subsection R106.1.4 is hereby added to
Section R106 to read in its entirety as follows:

R106.1.4 Soil report. A Soil Report shall be
submitted with all permit applications for new
construction and additions. Soil Reports shall be
prepared by a professional engineer licensed by the
State to prepare such reports. The Building Official
may waive this requirement if he/she finds that the
scope of work applied for does not necessitate a soil
report.

I. Subsection R106.3 is hereby amended to add a
second paragraph that reads as follows:

When submittal documents are required by Section
R106.1, a plan review fee shall be paid at the time of
submitting the submittal documents for plan review.

Said plan review fees are separate fees from the
permit fees specified in Section R108 and are in
addition to the permit fees. Said plan review fee shall be as set forth in the City Council Fee Resolution.

J. Subsection R106.5 is hereby amended to add a
second paragraph that reads as follows:

The approved plans, permit application, inspection
card and other construction documents required by
the Building Official shall be imaged after the final
inspection and will be a permanent record in the City.

The applicant shall pay the cost of imaging at the time of permit.
214
37 K. Subsection R108.2 is hereby amended by adding a
sentence at the end to read as follows:

The fee for each permit shall be as set forth in the
City Council Fee Resolution unless otherwise
specified by the code.

L. Subsection R108.3 is hereby amended to add a
second paragraph that reads as follows:

The Building Official shall make the determination of
value or valuation under any provisions of this code.

The valuation shall be determined by using rational
methods established by the Building Official that
reasonably establish the construction value or the
contract price of the actual construction cost. The
value of work to be used in computing the Building
Permit and Building Plan Review fees shall be the
total value of all construction work for which the
permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other
permanent equipment.

M. Subsection R108.5 is hereby amended to read in its
entirety as follows:

R108.5 Refunds. The building official is authorized to
establish a refund policy. The building official may
authorize refunding of any fee paid hereunder which
was erroneously paid or collected as provided below.

The building official may authorize refunding of not
more than 80 percent of the permit fee paid when no
work has been done under a permit issued in
accordance with this code.

The building official may authorize refunding of not
more than 80 percent of the plan review fee paid
when an application for a permit for which a plan
review has been paid is withdrawn or canceled before
any plan reviewing is done.

The building official shall not authorize refunding of
any fee paid except on written application filed by the 215
38 original permittee not later than 180 days after the date of payment.

N. Subsection R108.6 is hereby amended to add a
second paragraph that reads as follows:

An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or
subsequently issued. The investigation fee shall be
equal to the amount of the permit fee required by this
code. The payment of such investigation fee shall not
exempt any person from compliance with all other
provisions of this code nor from any penalty
prescribed by law.

O. A new Subsection R108.7 is hereby added to Section
R108 to read in its entirety as follows:

R108.7 Deposit. The Building Official may require a
deposit from the applicant for a certain project or work in order to secure the request of final inspection
approvals from the applicant or the repairing of
damaged City properties during the period of
construction. The deposit money will be refunded to
the applicant when the final inspections are approved
or the damages are repaired to the satisfaction of the
City. The deposit amount shall not be more than
twice the permit fee.

P. A new Subsection R109.5 is hereby added to Section
R109 to read in its entirety as follows:

R109.5 Re-inspections. A re-inspection fee may be
assessed for each inspection or re-inspection when
such portion of work for which an inspection is
requested is not complete or when previous
corrections are not corrected.

This subsection is not to be interpreted as requiring
re-inspection fees the first time a job is rejected for failure to comply with requirements of this Code, but
as controlling the practice of calling for inspections
before the job is ready for such inspection or reinspection. 216
39 Re-inspection fees may be assessed when the
inspection record card is not posted or otherwise
made available on the work site, or when the
approved plans are not readily available to the
inspector, or for failure to provide access on the date for which inspection is requested.

To obtain a re-inspection, the applicant shall pay the
re-inspection fee as established by the City Council
Fee Resolution. In instances where re-inspection
fees have been assessed, no additional inspection of
work will be performed until the required re-inspection fees have been paid.

15.22.030 Chapter 3 amended — Building Planning.

Chapter 3 of CRC is hereby amended as follows:

A. Table R301.2(1) in Section R301 is hereby amended
to read in its entirety as follows:

GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE
FROM
WINTER
DESIGN
TEMPe
ICE

BARRIER
UNDERLAYMENT

REQUIRED
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effects
Special
Wind
Regionl
Windborne
debris
zonem
Weatheringa
Frost
line
Depthb
Termitec
Zero 110 No No No D1 or D2 Negligible 12" Very
Heavy 43 No Footnote "g" Below 0 60
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
217
40 c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. Hazard Maps
FEMA - National Flood Insurance Program (NFIP)
Community
Name
Community
Number
FIRM Panel
Number
Initial NFIP
Map Date Initial FIRM Date Most RecentFIRM Panel
San Clemente 060230
06059C0507J
06059C0508J
06059C0509J
06059C0517J
06059C0526J
06059C0527J
06059C0528J
06059C0529J
06059C0536J
06059C0537J
06059C0538J
06059C0539J
06/14/1974 12/04/1979 12/03/2009
FEMA—Federal Emergency Management Agency
NFIP—National Flood Insurance Program
FIRM—Flood Insurance Rate Map
Also see—San Clemente Municipal Code Chapter 15.76—Flood Damage Prevention i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.html. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
218
41 B. A new Subsection R301.9 is hereby added to Section R301 to read in its entirety as follows:

R301.9 Fuel Modification Requirements for New
Construction. All new structures and facilities
adjoining land containing hazardous combustible
vegetation shall be approved using guidance from the
OCFA Guideline C-05 “Vegetation Management
Guideline – Technical Design for new Construction
Fuel Modification Plans and Maintenance Program.”
C. Table R302.1(2) in Section R302 is hereby amended
by deleting footnote “a” (balance of the Table to
remain unchanged).

D. Subsection R313.1 is hereby amended to read in its
entirety as follows:

R313.1 Townhouse automatic fire sprinklers
systems. An automatic fire sprinkler system designed
and installed per Section R313.3 shall be provided in
Townhouses per Section R313.1.1 and R313.1.2.

R313.1.1 New buildings: An automatic sprinkler
system shall be installed throughout all new
townhouse buildings, including the attached garages.

R313.1.2 Existing buildings: An automatic sprinkler
system shall be installed throughout existing buildings and their additions, including the attached garages,
when any of the following conditions exist:

1. The total floor area increases by 50% of the
existing area over a two-year period; or

2. The total area increases by 750 square feet or
more over a 2-year period; or

3. An additional story is added to the structure
regardless of the area involved; or

4. The floor area of the alteration or combination of
an addition and alteration, within any two-year
period, is 50% or more of area of the existing
structure and where the scope of the work
exposes building framing and facilitates sprinkler
installation and is such that the Building Official
determines that the complexity of installing a
219
42 sprinkler system would be similar as in a new
building; or

5. Any addition to an existing building that has fire
sprinklers installed.

Exceptions:

1. Pursuant to Health and Safety Code Section
13113 occupancies housing ambulatory children
only, none of whom are mentally ill or mentally
retarded, and the buildings or portions thereof in
which such children are housed are not more than
two stories in height, and buildings or portions
thereof housing such children have an automatic
fire alarm system activated by approved smoke
detectors.

2. Pursuant to Health and Safety Code Section
13143.6 occupancies licensed for protective
social care which house ambulatory clients only,
none of whom is a child (under the age of 18
years), or who is elderly (65 years of age or over).

E. Subsection R313.2 is hereby amended to read in its
entirety as follows:

R313.2 One- and two-family dwellings automatic
fire sprinklers systems. An automatic fire sprinkler
system designed and installed per Section R313.3
shall be required in one- and two-family dwellings per
Sections R313.2.1 and R313.2.2.

R313.2.1 New buildings: An automatic sprinkler
system shall be installed throughout all new one- and
two-family dwellings, including the attached garages.

R313.2.2 Existing buildings: An automatic sprinkler
system shall be installed throughout existing buildings and their additions, including the attached garages,
when any of the following conditions exist:

1. The total floor area is increased by 50% of the
existing area over a 2-year period; or

2. The total area is increased by 750 square feet or
more over a 2-year period; or

3. An additional story is added to the structure
regardless of the area involved; or
220
43 4. The floor area of an alteration or combination of an addition and alteration, within any two-year
period, is 50% or more of area of the existing
structure and where the scope of the work
exposes building framing and facilitates sprinkler
installation and is such that the Building Official
determines that the complexity of installing a
sprinkler system would be similar as in a new
building; or

5. Any addition to an existing building that has fire
sprinklers installed.

Exceptions:

1. Pursuant to Health and Safety Code Section
13113 occupancies housing ambulatory children
only, none of whom are mentally ill or mentally
retarded, and the buildings or portions thereof in
which such children are housed are not more than
two stories in height, and buildings or portions
thereof housing such children have an automatic
fire alarm system activated by approved smoke
detectors.

2. Pursuant to Health and Safety Code Section
13143.6 occupancies licensed for protective
social care which house ambulatory clients only,
none of whom is a child (under the age of 18
years), or who is elderly (65 years of age or over).

F. The first paragraph of subsection R313.3.6.2.2 is
hereby deleted and replaced to read as follows:

R313.3.6.2.2 Calculation procedure. Determination
of the required size for water distribution piping shall be in accordance with the following procedure and
California Fire Code Section 903.3.5.3.

G. Subsection R322.1 is hereby amended to read as
follows:

R322.1 General. Buildings and structures constructed
in whole or in part in flood hazard areas (including A
or V Zones) as established in Table R301.2(1) shall
be designed and constructed in accordance with the
provisions contained in this section and in accordance
221
44 with Chapter 15.76 of the San Clemente Municipal
Code.

Buildings and structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24 and in
accordance with Chapter 15.76 of the San Clemente
Municipal Code.

15.22.040 Chapter 4 amended — Foundations.

Chapter 4 of CRC is hereby amended as follows:

A. Subsection R402.2 Concrete is hereby amended by
adding at the end: Due to corrosive soils concrete
shall be 4500 psi Type 5 to protect the reinforcing
from corrosion. Special Inspections are not required
unless part of the structural design.

B. Subsection R405.1 is hereby amended by deleting
the exception (balance of subsection to remain
unchanged).

15.22.050 Chapter 6 amended — Wall Construction.

Chapter 6 of CRC is hereby amended as follows:

A. Section R602.10.4.1 Mixing Methods is hereby
amended by adding at the end of #1: “The use of the
GB method of bracing as the sole means for bracing
is not permitted. No more than 50% of braced wall
line shall use this method and shall be supplemented
by any of the other bracing methods.

15.22.060 Chapter 9 amended — Roof Assemblies.

Chapter 9 of CRC is hereby amended as follows:

A. First paragraph of subsection R902.1 is amended to
read in its entirety as follows:

R902.1 Roofing covering materials. Roofs shall be
covered with materials as set forth in Sections R904
and R905. A minimum Class A roofing shall be
222
45 installed in areas designated by this section. Classes A roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
(balance of subsection to remain unchanged).

B. Subsections R902.1.1, R902.1.2, R902.1.3 are
hereby deleted and replaced with a new Subsection
R902.1.1 to read in its entirety as follows:

R902.1.1 Roof Coverings. The roof covering or
roofing assembly on any new structure regulated by
this code shall be Class A fire retardant roof minimum
as classified in CBC Section 1505.2. Noncombustible roof covering may be applied in accordance with the manufacturer’s requirements in
lieu of a fire retardant roofing assembly. Wood
roofing materials are prohibited unless pressure
treated and approved for fire retardant of Class A
minimum. For existing structure when ten percent
(10%) or more of the total roof area is re-roofed within any one-year period, shall have a Class A fire
retardant roof covering for entire roof area. For
existing structure when less than ten percent (10%) of
the total roof area is re-roofed within any one-year
period, shall have a fire retardant roof covering class equal to or greater than the existing roof covering and not less than Class B.

C. The first paragraph of Subsection R902.2 is hereby
amended to read as follows:

R902.2 Fire-retardant-treated shingles and
shakes. Fire-retardant-treated wood shakes and
shingles are wood shakes and shingles complying
with UBC Standard 15-3 or 15-4 which are
impregnated by the full-cell vacuum-pressure process
with fire-retardant chemicals, and which have been
qualified by UBC Standard 15-2 for use on Class A.
(balance of subsection to remain unchanged).

D. Subsection R903.4 Roof Drainage is hereby
amended by adding a second paragraph to read as
follows:

Water that accumulates on a roof shall be effectively
drained and conveyed from the roof to a storm drain,
223
46 street gutter, or other locations approved by the
Building Official. Such water shall be conveyed
through gutters, leaders, associated piping or other
non-erodible surface drainage devices as approved
by the Building Official. For any minor or small roofs, the Building Official may exempt this requirement.

15.22.065 Chapter 10 amended—Chimneys and
Fireplaces.

Chapter 10 of CRC is hereby amended as follows:

A. Section R1001.13 is hereby added as follows:

R1001.13 Outdoor gas Fireplaces, Fire Pits, Fire
Rings, or similar devices. Outdoor fireplaces, fire
pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable
devices intended solely for cooking
B. Section R1001.13.1 is hereby added as follows:

R1001.13.1 Gas-fueled devices. Outdoor fireplaces,
fire pits and similar devices fueled by natural gas or
liquefied-petroleum gas are allowed when approved
by the Building Department and the device is
designed to only burn a gas flame and not wood or
other solid fuel. At R-3 occupancies, combustible
construction shall not be located within three feet of
an atmospheric column that extends vertically from
the perimeter of the device. Where a permanent
Building Department approved hood and vent is
installed, combustible construction may abut this
column between the bottom of the hood and the vent
opening.

C. Section R1001.13.2 is hereby added as follows:

R1001.13.2 Devices using wood or fuels other
than natural gas or liquefied-petroleum gas.

Fireplaces burning wood or other solid fuel are not
permitted. Decorative logs in an fireplace shall be
contained within a firebox with an attached chimney.

The opening in the face of the firebox shall have an
224
47 installed and maintained enclosure except exterior
installed units.

D. Section R1001.13.3 is hereby added as follows:

R1001.13.3 Where prohibited. The burning of wood
and other solid fuels is prohibited. Wood and other
solid fuel burning fires in devices other than existing permanent fireplaces are not allowed within Wildfire
Risk Areas (WRA) and adopted Fire Hazard Severity
Zones (FHSZ) or in locations where conditions could
cause the spread of fire to the WRA or FHSZ

15.22.070 Chapter 44 amended — Referenced
Standards (NFPA 13R & D).

The Referenced Standards in Chapter 44 of CRC are hereby amended as follows:

A. NFPA 13, 2016 Edition, Installation of Sprinkler
Systems is hereby amended as follows:

1. Section 6.7.3 is hereby revised to read in its
entirety as follows:

6.7.3 Fire department connections (FDC)
shall be of an approved type. The location
shall be approved and be no more than 150
feet from a public hydrant. The FDC may be
located within 150 feet of a private fire hydrant
when approved by the fire code official. The
size of piping and the number of 2½” inlets
shall be approved by the fire code official. If
acceptable to the water authority, it may be
installed on the backflow assembly. Fire
department inlet connections shall be painted
OSHA safety red or as approved. When the
fire sprinkler density design requires more than
500 gpm (including inside hose stream
demand), or a standpipe system is included,
four 2½” inlets shall be provided
225
48 B. NFPA 13D 2016 Edition Installation of Sprinkler
Systems in One and Two-Family Dwellings and
Manufactured Homes is hereby amended as follows:

1. Section 7.1.2 is hereby revised to read in its
entirety as follows:

7.1.2 The system piping may have a separate
control valve when permitted.

Section 13. Chapter 15.23. Chapter 15.23 of the San Clemente Municipal Code, “Existing Building Code” is hereby amended to read in its entirety sa follows:

Chapter 15.23 EXISTING BUILDING CODE

15.23.010 Existing Building Code Adopted – Where
filed.

For the purpose of prescribing regulations for erection, construction, enlargement, alteration, replacement, repair, improvement, removal, movement, conversion, demolition, use and occupancy, equipment, height, location,
maintenance, and areas of every building or structure or any appurtenances connected or attached to such building or structure in the City, subject to the modifications set forth in this Chapter., the City Council of the City of San Clemente hereby adopts by reference California Code of Regulations Title 24, Part 10, known and designated as the California Existing Building Code (CEBC), 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council. A copy of this code is on file for public examination in the City's Building Division Office.

15.23.020 Chapter 3 amended—Provisions For All
Compliance Methods.

A. New Subsections 302.6 and 302.7 are hereby added
to Section 302 to read as follows:
302.6 Requirements. It shall be unlawful for any person to move any house, building or structure of any kind or
226
49 description, except fabricated structures approved by the Building Official, from any point outside of the City limits of the City, onto any property or lot within the City limits of the City of San Clemente. No building or structure shall be moved or relocated until such building or structure is
approved by the Planning Commission under a Conditional Use Permit. A permit to relocate the building or structure, issued by the Building Official to the owner of the premises to which the particular building or structure is proposed to be moved, is also required.
302.7 Relocation Permit Fee. Before any application for a Relocation Permit is accepted for filing, a fee as set forth in the City Council Fee Resolution shall be paid by the
applicant to the City of San Clemente to cover City's cost for the investigation of the condition of the building to be moved and the inspection of the proposed new location. The
application fee herein provided for shall be in addition to the building permit fee required by this code and any other fee or charge required by law or ordinance where a main building and building accessory thereto are to be moved.

Section 14. Fire Code. Chapter 8.16 of the San Clemente Municipal Code, “Fire Code,” is amended to read as follows:
“Chapter 8.16 FIRE CODE

8.16.010 Fire Code Adopted – Where filed.

The 2022 California Fire Code, based on the International Fire Code, 2021 Edition, as amended by the State of
California, published by the International Code Council (ICC), including Appendices listed is hereby adopted by the City of San Clemente for the purpose of prescribing
regulations governing conditions hazardous to the life and property from fire or explosion, save and except such
portions as are hereinafter added, deleted, modified or amended. A copy of this Code is on file in the City's Building Division office for public inspection and is adopted with the same force and effect as through set out herein in full.

8.16.020 - Enforcement and Inspections.

The California Fire Code as amended by the City of San
Clemente shall be enforced by the Orange County Fire
227
50 Authority, which shall be operated under the Fire Chief of the Orange County Fire Authority. The Fire Chief of the Orange County Fire Authority may detail such members of the fire authority as inspectors as shall be necessary from time to time.

8.16.030 - Division II of Chapter 1 amended—
Administration.

Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its
entirety, with the following amendments:

Section 112.4 Violation penalties is hereby revised as
follows:
112.4 Violation penalties. Persons who shall violate
a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby
added as follows:
112.4.2 Infraction and misdemeanor. Persons
operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

8.16.040 Chapter 2 Definitions is adopted in its entirety as amended by SFM with the following amendments:
228
51 Sections 202 General Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 General Definitions
OCFA: Orange County Fire Authority, authority having
jurisdiction.

SPARK ARRESTER. A listed device constructed of
noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable
particles/debris from the exhaust flow of an internal
combustion engine in accordance with California
Vehicle Code Section 38366.

2. Existing Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

8.16.050 Chapter 3 General Requirements. Adopt
Chapter 3 in its entirety with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby revised as
follows:
304.1.2 Vegetation. Weeds, grass, vines or other
growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in Very high fire severity areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance
of vegetation in a fuel modification area, slope, or similarly hazardous area using guidance from OCFA Guideline C-05
“Vegetation Management Guideline—Technical Design for
New Construction, Fuel Modification Plans, and
Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as
follows:
305.6 Hazardous conditions. Outdoor fires burning
wood or other solid fuel are not allowed when any of the following conditions applies:
229
52 1. when predicted sustained winds exceed 8 MPH and
relative humidity is less than 25%, or a red flag
condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as
follows:
305.7 Disposal of rubbish. Rubbish, trash or
combustible waste material shall be burned only within an approved incinerator and in accordance with Section
307.2.1.

Section 307 Open burning, recreational fires and
portable outdoor fireplaces is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL

FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE

OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is
hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or
similar devices used at Group R Occupancies. Outdoor
fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable
devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as
follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire
pits and similar devices fueled by natural gas or liquefiedpetroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, 230
53 combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent
is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’
from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15
feet from combustible structures at other R
occupancies.

Section 307.6.2.1 Where prohibited is hereby added as
follows:
307.6.2.1 Where prohibited. The burning of wood and
other solid fuels shall not be conducted within a fuel
modification zone or very high hazard fire severity zone, Exceptions:

1. Permanent fireplaces that are not located in a fuel
modification zone

2. Where determined by the Fire Code Official that the
location or design of the device should reasonably
prevent the start of a wildfire.

Section 307.7 Fire Prevention is hereby added as follows:

Section 307.7 Fire Prevention
A. Except as provided in subsection B, authorized in the San Clemente Municipal Code, or permitted by the City
or the Orange County Fire Authority, no person shall
kindle, build, light, or maintain a fire in:

1. The public right-of-way;

2. Property owned or managed by the City;
231
54 3. Property that is zoned or designated by the City
as "Open Space," "Public," "Civic Center" or
"Institutional;" or

4. Vacant or unimproved portions of property that
are zoned or designated by the City as "Inland
Canyon," "Coastal Canyon" or "Coastal Bluff."
Enforcement personal may order the immediate
extinguishment of any fire in violation of this
subsection A.

B. The prohibitions provided in subsection A do not apply in any public or private park where fires are permitted so long as all of the following conditions are met:

1. The fire is in a designated fire ring or pit, of a
maximum horizontal distance of 3 feet by 2 feet,
or contained within a commercially
manufactured appliance that is elevated off of
the ground (e.g., a hibachi or barbeque grill);

2. Only wood, charcoal, or paper products are
used as fuel;

3. No painted or chemically treated wood is
burned;

4. All fuel material fits within the inside edge of the fire ring, pit, or elevated appliance; and

5. The fuel materials do not rise higher than
approximately two (2) feet above the top edge
of the fire ring, pit, or elevated appliance.

6. Hazardous conditions identified in Section 305.6
do not exist.

C. Enforcement personnel may order the extinguishment
of any fire otherwise permitted under subsection B for
any public safety or welfare reason. Such reasons
include, but are not limited to, the fire's location or proximity to a hazardous fire area, types of fuel, wind speed, wind direction, flying embers, or other
hazardous conditions described in Section 305.6 exist.

D. This section shall be enforced by the Orange County
Fire Authority, the Orange County Sheriff's
Department, and employees designated by the City
Manager in the City's Marine Safety, Code
Compliance, and Park Ranger Divisions (collectively
referred to herein as "Enforcement Personnel").
232
55 Section 324 Fuel Modification Requirements for New
Construction is hereby added as follows:
324 Fuel Modification Requirements for New
Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved using guidance from OCFA Guideline C-05
“Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Exception: Single specimens of trees, ornamental
shrubbery or cultivated ground cover such as green
grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire
Section 325 Clearance of brush or vegetation growth
from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from
roadways.

The fire code official is authorized to cause areas
within 10 feet (3048 mm) on each side of portions of
highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental
shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as
follows:
326 Unusual circumstances. The fire code official
may suspend enforcement of the vegetation management
requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.
233
56 2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society
and county-approved list of wildlife, plants, rare,
endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict
compliance with the clearance of vegetation provisions
undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided
in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the
prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except
motorcycles, are not subject to this section if the
exhaust system is equipped with a muffler as defined
in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine
wheel, there is no exhaust bypass to the atmosphere,
and the turbocharger is in good mechanical condition
Section 327.1 Use of Equipment and Devices Generating
Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat,
sparks or open flames. During any time of the year within very high fire hazard severity zone, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any
welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
234
57 1. First clearing away all flammable material, including snags, from the area around such operation for a
distance of 30 feet or other approved method to reduce
fire spread into the wildlands. If 30-foot clearing
cannot be achieved, then an alternate method shall be
approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an
overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully
equipped and ready for use at the immediate area
during the operation.

3. Stop work when winds are 8 MPH or greater during
periods when relative humidity is less than 25%, or a
red flag condition has been declared or public
announcement is made, when an official sign was
caused to be posted by the fire code official, or when
such fires present a hazard as determined by the fire
code official.

4. Keep a cell phone nearby and call 911 immediate in
case of fire.

Section 327.2 Spark Arresters is hereby added as follows:
327.2 Spark arresters. Spark arresters shall comply
with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

8.16.060 Chapter 4 amended—Emergency Planning and
Preparedness.

Chapter 4: Emergency Planning and Preparedness.

Adopt only those sections and subsections adopted by SFM with the following amendment.

Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement.

Where required by the fire code official, each application for a permit shall OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

8.16.070 - Chapter 5 amended—Fire Service Features.
235
58 Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings,
structures and premises shall be designed with this chapter and reviewed by the fire code official, with the
recommendations of OCFA Guideline B-01, “Fire Master
Plan for Commercial & Residential Development.”
Section 510.1 Emergency responder coverage in
new buildings is revised as follows:
510.1 Emergency responder radio coverage in
new buildings. All new buildings shall have approved radio coverage for emergency responders within the building
based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The
Emergency Responder Radio Coverage System shall
comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and
structures undergoing extensive remodel and/or
expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking,
and
iii. Do not exceed 50,000 square feet on any
single story.
d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
236
59 iii. Do not have subterranean storage or parking,
and
iv. Are not built integral to an above ground multistory parking structure.

Should a structure that is three stories or less and
50,000 square feet or smaller on any single story
include subterranean storage or parking, then this
ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio
coverage is required and such systems, components
or equipment required could have a negative impact
on the normal operations of the facility, the fire code official shall have the authority to accept an
automatically activated emergency radio coverage
system.

8.16.080 Chapter 9 Fire Protection and Life Safety
Systems is adopted in its entirety with the following addition:
903.3.5.3 Hydraulically calculated systems. The
design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi,
and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

8.16.090 Chapter 11 Construction Requirements for
Existing Buildings. Adopt only those sections and
subsections adopted by SFM.
90 100 110 120 130 140 150 PSI
85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
237
60 Chapter 25
Fruit and Crop Ripening

8.16.100 Chapter 25 Fruit and Crop Ripening is not
adopted.

Chapter 26
Fumigation and Insecticidal Fogging

8.16.101 Chapter 26 Fumigation and Insecticidal
Fogging is not adopted.

8.16.102 Chapter 28 Lumber Yards and Agro-Industrial,
Solid Biomass and Woodworking Facilities is adopted in
its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth
in Section 105.5 and 105.5.29.

Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and
on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring wood products to the site.

Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width, and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment
selection, design and arrangement shall be based
upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be
identified in the plan, and control of the various factors shall be identified and implemented, including
238
61 provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and
facilities needed by the fire department for fire
extinguishment including a water supply and fire
hydrants.

4. Fire apparatus access roads around the piles and
access roads to the top of the piles shall be
established, identified, and maintained.

5. Regular yard inspections by trained personnel shall
be included as part of an effective fire prevention
maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based
upon the capabilities of the installed fire protection
system and features.

Section 2808.4 Pile Separation is hereby revised as
follows:
2808.4. Pile separation. Piles shall be separated
from adjacent piles by a minimum distance of 20 feet.

Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler
protection shall be provided in conveyor tunnels and
combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system.

Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby
revised as follows:
2808.9 Material-handling equipment. All materialhandling equipment operated by an internal combustion engine shall be provided and maintained with an approved 239
62 spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire-fighting operations.

Section 2808.11 Temperature control is hereby added as
follows:
2808.11 Temperature control. The temperature shall
be monitored and maintained as specified in Sections
2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby
added as follows:
2808.11.1 Pile temperature control. Piles shall be
rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is
hereby added as follows:
2808.11.2 New material temperature control. New
loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the
requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as
follows:
2808.12 Water Availability. Facilities with over 2500
cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method 240
63 shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50
feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet
shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency Contact is hereby added as
follows:
2808.14 Emergency Contact. The contact
information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Section 2808.15 Maximum Grid of Piles and Rows is
hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of
Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no
other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20
cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.
241
64 8.16.103 Chapter 49 Requirements for Wildland-Urban
Interface Fire Areas is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added
as follows:
4903.3 Fuel Modification Plans. Fuel modification
plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a Very High Fire Hazard Severity Zone and identified fuel modification zone. Plans shall reference the recommendations set forth in OCFA
Guideline C-05 “Vegetation Management Guideline –
Technical Design for New Construction Fuel Modification Plans and Maintenance Program.” R-3 occupancies may
submit owner builder plans developed by others with
proficiency in vegetation management.

8.16.104 Chapter 50 Hazardous Materials – General
Provisions is adopted in its entirety as amended by SFM with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory
Statement (HMIS), is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement
(HMIS). Where required by the fire code official, an
application for a permit shall include. Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use, or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely Hazardous Substances is
hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No
person shall use or store any amount of extremely
hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed
property.

8.16.105 Chapter 56 Explosives and Fireworks is
adopted in its entirety as amended by SFM with the following amendments:
242
65 Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of
mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of
the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

Chapter 80
Referenced Standards
8016.106 Chapter 80 Referenced Standards is adopted in
its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be
of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe
system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installed in
shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick243 66 response type shall be used. Use is considered
undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick-response type as defined in 3.3.215.4.16
(2) Residential sprinklers in accordance with the
requirements of Chapter 12
(3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard-response sprinklers used for modifications or additions to existing light hazard systems equipped
with standard-response sprinklers
(6) Standard-response sprinklers used where individual
standard-response sprinklers are replaced in existing
light hazard systems
Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible
insulation shall not require sprinkler protection when approved by fire code official.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings
and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping may have separate
control valves installed when permitted.

NFPA 14, 2019 Edition, Installation of Standpipe and
Hose Systems is amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is
hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire
suppression water supplies shall be painted OSHA red.
244
67 Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly
are the only control valves, at least one OS&Y valve
shall be painted red.

Section 6.2.9 is hereby amended as follows:

All connections to private fire service mains for fire
protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a
post indicator valve shall be permitted to be
installed closer than 40 ft (12 m) but at least as
far from the building as the height of the wall
facing the post indicator valve.
(2) A wall post indicator valve
(3) An indicating valve in a pit, installed in accordance with Section 6.4
(4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a
backflow preventer with at least one indicating
valve shall be permitted to be installed closer
than 40 ft (12 m) but at least as far from the
building as the height of the wall facing the
backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior
(6) Control valves in a fire-rated stair enclosure
accessible from the exterior
Section 10.1.5 is hereby added as follows:
245
68 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings
shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inchwide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings.

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 Coatings. All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other
corrosion-retarding material after installation.

Exception: Bolted joint accessories made from 304 or
316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall
be 316 stainless steel.

Section 10.4.3.2 is hereby deleted.

Appendices
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.
246
69 Appendix H is adopted in its entirety.

Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.”
Section 15. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be 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 16. Effective Date. This Ordinance takes effect on January 1, 2023, consistent with section 18941.5 of the California Health and Safety Code, or 30 days after its final passage and adoption, whichever is later, consistent with California Government Code section 36937.

Section 17. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

APPROVED AND ADOPTED this __ day of __________, 2022.

ATTEST:
__________________________ _______________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
247
70 APPROVED AS TO FORM:
__________________________
City Attorney
248
71 Exhibit A
Findings to Support Local Amendments to the
2022 Edition of the California Building Standards Code and Related Codes Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5, this Exhibit A to Ordinance No. ___ of the City of San Clemente sets forth the City Council’s express findings and determinations justifying the City’s local amendments to the 2022 Edition of the California Building Standards Code as reasonably necessary because of local climatic, geologic, and/or topographic conditions.

Chapter 15.08 Amendments to California Building Code (CBC) Municipal Code
Section
CBC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)

15.08.020 101.1 Title updated Admin
101.2 Scope updated Admin
101.2.1 Adopt by reference Appendix I,
Patio Covers.

Admin
101.4 List referenced codes under Section
101.4 considered part of this Code
Admin
101.4.8 Adoption of Green Building Standards
Code
Admin
249
72 105.2 Amendment of “Building” list and
associated items for which permits are
not required
Admin
105.3 Add Item #8 re Electric Vehicle
Charging Stations expedited review
under AB 1236
Admin
105.3.2 Time limitation of application Admin
105.5 Expiration of permits Admin
105.8 Completion of construction Admin
105.9 Maintenance of Property During
Construction
Admin
107.2.9 Requirement to submit soil report Admin & II
107.3 Requirement to pay plan review fee at
time of document submittal
Admin
107.5 Requirement to image plans Admin
109.2 Fee for permits Admin
250
73 109.3 Building Official determination of value
or valuation
Admin
109.4 Investigation fee Admin
109.6 Building Official authorized to establish
refund policy
Admin
109.7 Deposit or bond requirement for final
inspection approvals
Admin
110.7 Re-inspections Admin

15.08.025 202 Add definitions for Bedroom, Kitchen or
Kitchenette, Spark Arrester, and
Swimming Pool to general definitions
Admin

15.08.030 406.2.4 Floor surfaces; exception #1 deleted II & III

15.08.035 710A3.3 Detached accessory structures within 50 feet of an applicable building must
comply

I, II, & III

15.08.040 901.2 Fire protection systems I, II, & III
903.2 New sprinklers, where required I, II, & III
251
74 903.2.8 Group R, sprinkler installation I, II, & III

15.08.050 1502.4 Water accumulating on roof must be
effectively drained

II & III
T1505.1 All roofs must be Class A I
1505.1.1 Roof coverings I

15.08.060 1807.1.6 Prescriptive design of concrete and
masonry foundation walls

II & III

15.08.070 3109.2 Amend definition of Enclosure, amend
Exception #1 of 115922(a), add section
115928 related to Sound Attenuation

II & III
Chapter 15.12 Amendments to California Electrical Code (CEC) Municipal Code CEC Section Substance of Amendment Justification Section Added or
Amended (full text in Ordinance No. ____)
(see key
below)

15.12.020 90 Administration and Fees Admin
300.5(L) Overhead writing not to be installed
outside on private property
Admin, I
252
75 Chapter 15.16 Amendments to California Mechanical Code (CMC) Municipal Code
Section
CMC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)

15.16.020 104.4.3 & 104.5 Administration and Fees Admin 504.3 Domestic Range Hoods and
Vents

I, II, & III
253
76 Chapter 15.20 Amendments to California Plumbing Code (CPC) Municipal Code
Section
CPC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justification
(see key
below)

15.20.020 104.4 & 104.5 Administration and Fees Admin
1308.5 Requirement of approved PE pipe
and fittings for exterior buried gas
piping, prohibition on ferrous piping
absent soil analysis

I, II, & III
104.4 & 104.5 Administration and Fees Admin
604.1 Prohibition on ferrous materials in
water pipe

I, II, & III
604.2 Copper tube piping, weight not less than
Type K

I, II, & III
609.3 Amend Item #2 I, II, & III
610.8 Add prohibition on building supply pipes
less than 1” in diameter

I, II, & III
701.1 Prohibition on cast iron for drainage and
waste piping

I, II, & III
1208.5 Requirement of approved PE pipe and
fittings for exterior buried gas piping,
prohibition on ferrous piping absent soil
analysis

I, II, & III
1308.5 Requirement of approved PE pipe and
fittings for exterior buried gas piping,
prohibition on ferrous piping absent soil
analysis

I, II, & III
254
77 Chapter 15.22 Amendments to California Residential Code (CRC) Municipal Code
Section
CRC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)

15.22.020 R101.1 Title Admin
R101.2 Scope Admin
R105.2 Amend Items 1–10 of “Building”
heading re projects not requiring a
permit
Admin
R105.3.2 Time limitation of application Admin
R105.5 Expiration Admin
R105.10 Completion of construction limitation Admin
R105.11 Maintenance of property during
construction
Admin
R106.1.4 Soil report required Admin, II,
& III
R106.3 Plan review fee Admin
R106.5 Plan imaging requirement Admin
R108.2 Fee set by Council resolution Admin
255
78 R108.3 Building Official determination as
to value and valuation
Admin
R108.5 Refunds Admin
R108.6 Investigation Fee Admin
R108.7 Deposit Admin
R109.5 Re-Inspections Admin

15.22.030 TR301.2(1) Amend Table R301.2(1) re wind
design, seismic design, winter
design, etc.

I, II, & III
R301.9 Fuel Modification Requirements for
New Construction

I, II, & III
TR302.1(2) Delete footnote “a” from Table I, II, & III
256
79 R313.1 Townhouse automatic fire
sprinklers

I, II, & III
R313.1.1 New buildings I, II, & III
R313.1.2 Existing buildings I, II, & III
R313.2 One- and two-family dwellings
automatic fire sprinklers systems

I, II, & III
R313.3.6.2.2 Calculation procedure re size for
water distribution piping

I, II, & III
R322.1 General construction in flood
hazard areas, floodways,
corresponding tables

I, II, & III

15.22.040 R402.2 Concrete, corrosive soils,
reinforcement against

II & III
R405.1 Exception deleted II & III
257
80 15.22.050 R602.10.4.1 Mixing Methods II & III

15.22.060 R902.1 Roofing covering materials I, II, & III R902.1.1,
R902.1.2,
R902.1.3
deleted and
replaced with
R902.1.1
Roof Coverings requirements, flame
retardant properties, surface area reroofing requirements

I, II, & III
R902.2 Fire-retardant-treated shingles and
shakes

I, II, & III
R903.4 Roof Drainage II & III

15.22.065 R1001.13 Outdoor gas fireplaces, fire pits, fire rings, or similar devices

I, II, & III
258
81 R1001.13.1 Gas-fueled devices I, II, & III
R1001.13.2 Devices using wood or fuels other
than natural gas or liquefiedpetroleum gas

I, II, & III
R1001.13.3 Where prohibited I, II, & III

15.22.070 NFPA 13:

6.7.3 NFPA 13D:

7.1.2 Fire Department Connections &
Sprinkler System Installations

I, II, & III
259
82 Chapter 15.23 Amendments to California Existing Building Code (CEBC) Municipal Code CEBC Section Substance of Amendment Justification Section Added or
Amended (full text in Ordinance No. ____)
(see key
below)

15.23.020 302.6 & 302.7 Requirements to move structure I, II, & III 302.7 Relocation permit fee Admin
260
83 Chapter 8.16 Amendments to California Fire Code (CFC) Municipal Code CFC Section Substance of Amendment Justification Section Added or
Amended (full text in Ordinance No. ____)
(see key
below)

8.16.020 N/A OCFA designated as enforcement and
inspection authority
Admin

8.16.030 112.4 Violation penalties Admin
112.4.2 Infraction and misdemeanor Admin

8.16.040 202 Add definitions for OCFA, Spark
Arrester to general definitions
Admin

8.16.050 304.1.2 Vegetation I, II, &
III
305.6 Hazardous Conditions I, II, &
III
305.7 Disposal of rubbish I, II, &
III
307.6 Open burning, recreational fires, fire
pits, fire rings, and portable outdoor
fireplaces used at Group R occupancies

I, II, &
III
307.6.1 Gas-fueled devices I, II, &
III
261
84 307.6.2.1 Where prohibited I, II, &
III
307.7 Fire prevention I, II, &
III
324 Fuel Modification Requirements for
New Construction

I, II, &
III
325 Clearing of Brush or Vegetation Growth
from Roadways

I, II, &
III
326 Unusual Circumstances I, II, &
III
327 Use of equipment I, II, &
III
327.1 Use of equipment and devices
generating heat, sparks or open flames

I, II, &
III
327.2 Spark arresters I, II, &
III

8.16.060 407.5 Hazardous Materials Inventory
Statement

I, II, &
III

8.16.070 501.1 Scope I, II, &
III
262
85 510.1 Emergency responder communication
coverage in new buildings

I, II, &
III

8.16.080 903.3.5.3 Hydraulically calculated systems I, II, & III

8.16.102 2801.2 Permit requirement Admin
2808.2 Storage sites must be level with ground
and approved by fire code official
before transfer of wood products to site

I, II, &
III
2808.3 Size of piles I, II, &
III
2808.4 Pile separation I, II, &
III
2808.7 Pile file protection I, II, &
III
2808.9 Material-handling equipment I, II, &
III
2808.11 Temperature control I, II, &
III
2808.11.1 Pile temperature control I, II, &
III
263
86 2808.11.2 New material temperature control I, II, &
III
2808.12 Water availability I, II, &
III
2808.13 Tipping area I, II, &
III
2808.14 Emergency contact I, II, &
III
2808.15 Maximum Grid of Piles and Rows I, II, &
III
2808.16 Push-out / Clear area I, II, &
III

8.16.103 4903.3 Fuel Modification Plans I, II, &
III

8.16.104 5001.5.2 Hazardous Materials Inventory
Statement (HMIS)

I, II, &
III
5003.1.1.1 Extremely Hazardous Substances I, II, &
III

8.16.105 5608.2 Firing I, II, &
III
264
87 5608.3 Application for Permit Admin
& I
NFPA 13:

9.2.1.7,

9.4.3.1,

16.12.3.3,
NFPA 13D:

7.1.2 NFPA 14:

7.3.1.1 NFPA 24:

6.2.8.1,

6.2.9,

10.1.5,

10.4.1.1,

10.4.1.1.1 10.4.3.2
Assorted adjustments to NFPA
handbook values

I, II, &
III
265
88 Justifications KEY:

Admin – This is an administrative amendment, which does not modify a building standard as defined in California Health & Safety Code section 18909. The amendment establishes administrative procedures for the effective enforcement of the building standards in the City of San Clemente.

I – Climatic Conditions
A. The jurisdiction of San Clemente is located in a semi-arid Mediterranean type climate. It annually experiences extended periods of high temperatures with little or no precipitation. Hot, dry (Santa Ana) winds, which may reach speeds of 70 m.p.h. or greater are also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires also disrupt utility services throughout the area.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the local fire authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the City.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and, although the population continues to grow, the already-taxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption and a limited amount of rainfall, future water allocation is not fully dependable. This necessitates the need for additional onsite fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection.

The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

E. These climatic conditions are applicable to amendments to the 2022 California Building Code Sections 901.2, 903.2, 903.2.8, 1505.1, and to the 2022 California Fire Code Sections 903, 1201, 2808, 4906.3.

II – Topographical Conditions:

A. Natural slopes of 15 percent or greater generally occur throughout the City.

The elevation change caused by the hills creates the geological foundation on which communities within the City are built and will continue to build. With 266
89 much of the populated flatlands already built upon, future growth will occur on steeper slopes and greater constraints in terrain.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout the City.

C. These topographical conditions combine to create a situation, which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

D. These topographical conditions are applicable to amendments to 2022 California Building Code Sections 3109.2, the 2022 California Residential Code Sections R313., R404.2, R602, R1001, the 2022 California Fire Code Sections 305, 307, 903, 1201, 2808, 4909.

III – Geological Conditions:

A. The City is a densely populated area that has buildings constructed over and/or near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area that ran from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the City of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the State of California, Department of Conservation.

B. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under sections above. With the probability of strong aftershocks there exists a need to provide increased protection for anyone on upper floors of buildings. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. The State Department of Conservation noted, in their 1988 report (Planning Scenario on a Major Earthquake on the Newport Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” C. Road circulation features located throughout the City also make amendments reasonably necessary. There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design accompanied by occasional heavy rainfall, cause 267
90 roadway flooding and landslides and at times may make an emergency access route impassable.

D. Soils throughout the City possess corrosive properties that reduce the expected usable life of water services when metallic pipes come in contact with these soils.

E. Expansive soils throughout the City combined with predominant hillside conditions, groundwater and occasional flooding raise the potential for ground slippage, ground erosion, slope failure and building damage.

F. Portions of Orange County contain active or former oil production fields.

These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary implement for appropriate mitigation.

G. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

H. These geological conditions are applicable to amendments to the 2022 California Building Code Sections 1502.4, 1505, tbl 1807.1.6, 1904, the 2022 California Electrical Code Section 300.5 the 2022 California Mechanical Code Sections 504.3, 1308, the 2022 California Plumbing Code Sections 604.2, 609.3, 610.8, 701.1, 1208.5.3.1, the 2022 California Residential Code Sections R402.2, R404.2, R602.
268
269
270
271
272
273
274
275
276
277

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: B.

Department: Community Development
Prepared By: Kyle Webber, Associate Planner
Subject: ..titleSPECIFIC PLAN AMENDMENTS (SPA) 21-229 TO UPDATE SPECIFIC PLANS FOR

CONSISTENCY WITH THE CENTENNIAL GENERAL PLAN, ZONING CODE, AND COASTAL

LAND USE PLAN
Fiscal Impact:

None.

Summary:

The Planning Commission recommends the City Council adopt Specific Plan Amendment (SPA) 21- 229.

Background:

On August 17, 2021, the City Council initiated amendments to the Talega, Rancho San Clemente, Marblehead Inland, Marblehead Coastal, and Forster Ranch Specific Plans to achieve consistency with the General Plan, Zoning Code, and Local Coastal Program Land Use Plan (LUP), as required by State law. See Attachment 3 for the City Council initiation report. In response to this direction, the following review process occurred to draft the proposed amendments:
· Five community meetings were held-two meetings occurred on October 26, 2021, two on October 28, 2021, and one on November 2, 2021, with the meetings noticed to all property owners and community members through affiliated HOA board members for each Specific Plan area. The public notice referenced a project website created to provide regular updates and dates for future meetings.
· Study sessions with the Planning Commission were held at the following dates:
- December 21, 2021: introduction to the project scope of work. - March 16, 2022: discussion surrounding potential regulations for automobile-related uses.
- September 7, 2022: solidifying permitted uses and policies for automobile-related uses. · Staff discussed the project’s proposed amendments in its entirety with five of the seven Planning Commissioners on September 14 and 15, 2022.
· November 2, 2022: Planning Commission approved Resolution No. 22-019 recommending City Council adopt the proposed amendments.

Reports, minutes, and memorandums for these milestones are provided on the project website <https://www.san-clemente.org/spupdate>
CITY OF SAN CLEMENTE Page 1 of 5 Printed on 12/2/2022
powered by Legistar™278
Meeting Date: 12/6/2022 Agenda Item: B.

Discussion:

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

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

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

The draft City Council Resolution, provided as Attachment 1, includes a clean copy of the proposed amendments presented within Exhibits A through E. The approved Planning Commission Resolution provides the same amendments but with redlines in Exhibits 2-A through 2-E of Attachment 2.

Proposed amendments are categorized by sub-exhibits as shown in Table 1.

Table 1 - City Council Draft Resolution Exhibits
Specific Plan CC Draft Reso. (Attachment 1) PC Resolution (Attachment 2) [Clean Copy] [Redlines]
Rancho San Clemente Exhibit A: pg. 13 Exhibit 2-A: pg. 144 Marblehead Inland Exhibit B: pg. 56 Exhibit 2-B: pg. 192 Talega Exhibit C: pg. 60 Exhibit 2-C: pg. 196
Forster Ranch Exhibit D: pg. 86 Exhibit 2-D: pg. 222
Marblehead Coastal Exhibit E: pg. 115 Exhibit 2-E: pg. 255 Proposed Amendments:

Land use and zoning designations within all five of the Specific Plans are updated to match the General Plan land use and zoning maps. The most notable changes in this regard are linked to General Plan Amendment (GPA) 15-049, adopted in 2015 to amend the Forster Ranch, Rancho San Clemente, and Talega Specific Plans. This GPA removed Mixed Use (MU) and Commercial (C) designations and identified the parcels as either Neighborhood Commercial (NC) or residential land uses. Among other changes, the GPA also removed Residential Medium High (RMH) land use designations and renamed abbreviations for Light and Heavy Industrial designations in the Rancho CITY OF SAN CLEMENTE Page 2 of 5 Printed on 12/2/2022
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designations and renamed abbreviations for Light and Heavy Industrial designations in the Rancho San Clemente and Talega specific plan areas to LI and HI, respectively. All Specific Plans are updated with new maps to reflect these changes.

Additionally, the Specific Plans are updated to reflect current language to existing policies as well as both development and use standards. Amendments also correct ambivalent or misleading text inconsistent with goals or policies of the General Plan and standards within the City’s Zoning Ordinance.

Furthermore, staff was directed to establish automobile-related policies and regulations as a supplementary component to the project, insomuch as the General Plan contains explicit goals and policies germane to the topic:
· General Plan Goal: “Encourage the relocation of automobile-related uses to industriallydesignated lands and business parks and permit the continuation of automobile-related uses, existing as of the date of adoption of this General Plan, that do not detract from the aesthetics, character and function of the surrounding area.”
· General Plan Policy: “LU-5.03. New Automobile-Related Service and Repair Uses. We permit the development of automobile-related service and repair uses (e.g., tire shops, lube and tune, and other similar uses) in certain commercial and business park districts and designated sites within specific plan areas. Such uses shall be designed to convey a high quality architectural and landscape character, consistent with the overall character and image of the City as specified in the Urban Design Element. New car rental businesses on El Camino Real are allowed if the new business is limited to an office use and up to five (5) rental cars on site at any time.”
Through the General Plan, the City encourages new development and the relocation of automobile related uses existing on El Camino Real to the Industrial and Business Park areas of Rancho San Clemente and Talega Specific Plans. In pursuit of this direction, the amendments expand the Specific Plan locations where automotive service uses are permitted, provide new definitions for auto-related uses, and improve the classification of permitted and conditionally permitted related uses.

The Planning Commission reviewed the proposed amendments for automobile-related uses during three separate Study Sessions and a public hearing on November 2, 2022. At these meetings, the standards and regulations were developed and refined in conjunction with the Planning Commissioners and are hence incorporated into the proposed amendments for the Rancho San Clemente (Exhibit A) and Talega (Exhibit C) Specific Plans.

Plan and Policy Consistency:

The action is consistent with the General Plan goals and policies described in the proposed Resolution.

The adoption of the attached City Council Resolution is consistent with Council strategy to achieve high-level priority projects identified in the Strategic Implementation Program (SIP). The proposed CITY OF SAN CLEMENTE Page 3 of 5 Printed on 12/2/2022
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amendments carry out Implementation Measure LU1 of the SIP based on City Council direction.

Environmental Review (CEQA):

Amendments to the specific plans do not and will not result in any construction, development, or any other activity that has a potential for resulting in either a direct, or reasonably foreseeable indirect, physical change in the environment. Accordingly, approval of SPA 21-229 is not subject to CEQA (State CEQA Guidelines §§ 15060(c)(2), 15060(c)(3), 15378(a), 15378(b)(5), and 15061(b)(3)).

Moreover, even if SPA 21-229 did qualify as a project subject to CEQA, SPA 21-229 would be exempt under CEQA’s common sense exemption, which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (State CEQA Guidelines, § 15061, subd. (b)(3), in that SPA 21-229 merely amends the Talega Specific Plan, Rancho San Clemente Specific Plan, Marblehead Inland Specific Plan, Forster Ranch Specific Plan, and Marblehead Coastal Specific Plan for consistency with the City’s General Plan, Zoning Code, LUP, and State and Federal laws; therefore, SPA 21-229 will not result in any activity that may have a significant effect on the environment.

Council Strategy:

Recommended Actions:

Staff Recommendation
Staff and the Planning Commission recommend the City Council:

1. Determine a review of the project has been completed according to the California Environmental Quality Act (CEQA), and find SPA 21-229 does not constitute a “project” subject to CEQA [State CEQA Guidelines, §§ 15060, subd. (c)(2), 15060, subd. (c)(3), 15378(a), and 15378 (b)(5)], in that SPA 21-229 is exempt under CEQA’s common sense exemption [State CEQA Guidelines, § 15061, subd. (b)(3)]; and if SPA 21-229 were determined to be a non-exempt project subject to CEQA, environmental review is unnecessary under Public Resources Code section 21166 and State CEQA Guidelines section 15162, whereas the “project” would not cause new significant environmental effects or substantially increase the environmental effects that were fully disclosed, evaluated, and mitigated, to the extent feasible in the certified General Plan EIR.

2. Adopt Resolution No. ______ entitled: “A RESOLUTION OF CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT 21-229

UPDATING SPECIFIC PLANS FOR TALEGA, RANCHO SAN CLEMENTE, MARBLEHEAD

INLAND, MARBLEHEAD COASTAL, AND FORSTER RANCH FOR CONSISTENCY WITH THE CENTENNIAL GENERAL PLAN, ZONING CODE, AND COASTAL LAND USE PLAN” Attachments:

1. City Council Resolution
- Exhibit A - Rancho San Clemente
- Exhibit B - Marblehead Inland
- Exhibit C - Talega
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- Exhibit D - Forster Ranch
- Exhibit E - Marblehead Coastal

2. Planning Commission Staff Report & Resolution (November 2, 2022) - Exhibit 2-A - Rancho San Clemente
- Exhibit 2-B - Marblehead Inland
- Exhibit 2-C - Talega
- Exhibit 2-D - Forster Ranch
- Exhibit 2-E - Marblehead Coastal

3. City Council Initiation Report (August 17, 2022)
Notification:
1/8 page notice was published in the San Clemente Times Project Email Interest List
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55452.01100\40802600.1
ATTACHMENT 1
RESOLUTION NO. ____

A RESOLUTION OF CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING
SPECIFIC PLAN AMENDMENT 21-229 UPDATING

SPECIFIC PLANS FOR TALEGA, RANCHO SAN

CLEMENTE, MARBLEHEAD INLAND, MARBLEHEAD

COASTAL, AND FORSTER RANCH FOR

CONSISTENCY WITH THE CENTENNIAL GENERAL

PLAN, ZONING CODE, AND COASTAL LAND USE
PLAN
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan (“General Plan”), the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and
WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”); B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251; and
C. On December 17, 2019, the San Clemente City Council adopted GPA 19-291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”).

D. On October 18, 2022, the City Council adopted GPA 21-238, SPA 21-239, ZA 21- 240, LUPA 21-241, and EIR Addendum No. 4 (“2022 Addendum”).

WHEREAS, at the public hearing on June 12, 2018, the City Council adopted Resolution No. 18-19 approving a comprehensive update to the City of San Clemente’s Land Use Plan (“LUP”) with suggested modifications (Major LCP Amendment No. 1-16 (LCP-5-SCL-16-0012-1)); and
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WHEREAS, on August 10, 2018, the California Coastal Commission (“CCC”) certified the comprehensive LUP update; and
WHEREAS, the Marblehead Coastal and Forster Ranch Specific Plan areas are located either entirely or partially within the coastal zone, where land use planning is governed by the City’s Local Coastal Program (“LCP”) according to the California Coastal Act of 1976 as amended and contained in the California Public Resources Code (Section 30000 et seq.). According to LUP Policy GEN-1, the LUP policies take precedence in the coastal zone; and
WHEREAS, on August 17, 2021, the City Council initiated Specific Plan Amendment 21-229 (the “SPA”) to update land uses, development standards, and design guidelines in Specific Plans for Talega, Rancho San Clemente, Marblehead Inland, Marblehead Coastal, and Forster Ranch to achieve consistency between the General Plan, LUP, Zoning Code, and State and Federal law pursuant to the California Government Code 65300.5, 65359, and 65454. Additionally, SPA 19-292 improves the specific plan’s maps to reflect current land use and zoning conditions of the area; and WHEREAS, the City, as Lead Agency, conducted an environmental review of SPA 21-229 in conformance with the CEQA and the State CEQA Guidelines, and determined SPA 21-229 does not cause new significant environmental effects or substantially increase the environmental effects of the General Plan that were fully disclosed, evaluated, and mitigated, to the extent feasible in the certified EIR. Amendments to the City’s specific plans do not and will not result in any construction, development, or any other activity that has a potential for resulting in either a direct, or reasonably foreseeable indirect, physical change in the environment. Therefore, pursuant to State CEQA Guidelines, (§§ 15060(c)(2), 15060(c)(3), 15378(a), 15378(b)(5), and 15061(b)(3)), SPA 21-229 does not constitute as a “project” subject to the California Environmental Quality Act (“CEQA”).

WHEREAS, on October 26, 2021, October 28, 2021 and November 2, 2021, the City held community outreach meetings to hear the public’s input on SPA 21-229; and WHEREAS, on December 22, 2021, the Planning Commission held a study session to introduce SPA 21-229 and its scope of work; and WHEREAS, on March 16, 2022, and September 7, 2022, the Planning Commission held two study sessions to discuss Staff’s proposed work on SPA 21-229; and
WHEREAS, on November 2, 2022, the Planning Commission held a duly noticed public hearing on SPA 21-229 and considered evidence presented by City staff including a draft City Council Resolution and exhibits attached thereto, and heard other interested parties and made a recommendation to the City Council as fully set forth herein; and WHEREAS, on December 6, 2022, the City Council held a duly noticed public hearing, considered evidence presented by City staff including a draft Resolution and exhibits attached thereto, and heard other interested parties. 284
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.

Section 2. CEQA Findings.

Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the Planning Commission hereby recommends the City Council find the SPA 21-229 does not constitute a “project” subject to the California Environmental Quality Act (“CEQA”). Amendments to the specific plans does not and will not result in any construction, development, or any other activity that has a potential for resulting in either a direct, or reasonably foreseeable indirect, physical change in the environment. Accordingly, approval of SPA 21-229 is not subject to CEQA. (State CEQA Guidelines §§ 15060(c)(2), 15060(c)(3), 15378(a), 15378(b)(5), and 15061(b)(3).) Moreover, even if SPA 21-229 did qualify as a project subject to CEQA, SPA 21-229 would be exempt under CEQA’s common sense exemption, which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) As set forth above, SPA 21-229 merely amends the Talega Specific Plan, Rancho San Clemente Specific Plan, Marblehead Inland Specific Plan, Forster Ranch Specific Plan, and Marblehead Coastal Specific Plan for consistency with the City’s General Plan, Zoning Code, LUP, and State and Federal laws; therefore, SPA 21-229 will not result in any activity that may have a significant effect on the environment.

Section 3: Specific Plan Amendment Findings.

With respect to SPA 21-229, the City Council finds the following:

A. The Amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan, in that:

1. The Amendment is necessary to ensure that the City’s specific plans reflect current conditions and remain consistent with the General Plan and Coastal Land Use Plan. The specific plan amendments also align with General Plan Policy G-1.11, which acknowledges that specific plans should be updated, following a General Plan amendment, to ensure that the specific plans maintain consistency with the General Plan. Coastal Land Use Plan Policy GEN-2, 285
encourages the avoidance of conflicts between land use plans. For these reasons, the specific plan amendments are consistent with the goals, objectives, policies, and programs of the General Plan and Coastal Land Use Plan, and are necessary and desirable to implement the provisions of the General Plan and Coastal Land Use Plan.

2. By adopting the specific plan amendments, the City will ensure compliance with California Government Code Sections 65359 and 65454, which require that specific plans be consistent with a City’s General Plan.

3. The Amendment expands uses in the Rancho San Clemente and Talega Specific Plan Business and Industrial Parks, where General Plan goals and policies prioritize the establishment and relocation of automobile-related uses, according to:
a. General Plan Goal: “Encourage the relocation of automobile-related uses to industrially-designated lands and business parks and permit the continuation of automobile-related uses, existing as of the date of adopt of [the] General Plan, that do not detract from the aesthetics, character and function of the surrounding area.”
b. LU-5.03. New Automobile-Related Service and Repair Uses. We permit the development of automobile-related service and repair uses (e.g. tire shops, lube and tune, and other similar uses) in certain commercial and business park districts and designated sites with specific plan areas. Such uses shall be designed to convent a high quality architectural and landscape character, consistent with the overall character and image of the City as specific in the Urban Design Element. New car rent business on El Camino Real are allowed if the new business is limited to an office use and up to five (5) rental cars on site at any time.”
B. The Amendment is compatible with adjacent uses and properties, in that:

1. The Amendment updates specific plan land use classifications and boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions.

2. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR; and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses inconsistent with projections and effects studied and mitigated in the certified EIR, and the Amendment does not propose site specific operations or development of any kind.

C. The Amendment will not adversely affect the public health, safety, and welfare, in that:
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1. The Amendment updates specific plan land use classifications, boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including:
a. Meeting community values, needs and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies; and
d. Supporting continued development of the specific plan areas.

2. The Amendment updates the specific plan to be consistent with the General Plan. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR; and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses inconsistent with projections and effects studied and mitigated in the certified EIR, and the Amendment does not propose site specific operations or development of any kind.

D. The Amendment will not create internal inconsistencies within the specific plans as it uniformly amends the specific plans to ensure such plans are consistent with the General Plan.

Section 4. City Council Adoption of SPA 21-229.

Based on the entire record, including all written and oral evidence presented to the City Council, and the findings made and evidence discussed in the staff report and this Resolution, the City Council hereby adopts the following:

A. Exhibit A that amends the Rancho San Clemente Specific Plan; and B. Exhibit B that amends the Marblehead Inland Specific Plan; and C. Exhibit C that amends the Talega Specific Plan; and
D. Exhibit D that amends the Forster Ranch Specific Plan; and E. Exhibit E that amends the Marblehead Coastal Specific Plan.

Section 5. Severability.
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If any section, sentence, clause or phrase of this Resolution 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 Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution 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 6. Custodian of 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 San Clemente City Hall, 910 Calle Negocio, Suite 100, San Clemente, CA 92672.

Section 7. Certification and Publication.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
288

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 _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
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EXHIBIT 6-A
Specific Plan Amendment 21-229
Rancho San Clemente Specific Plan
Section 1. Rancho San Clemente Specific Plan, Table of Contents, is amended as follows:

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

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

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

Section 2. Rancho San Clemente Specific Plan, Section 101, Purpose and Objectives, is amended to read in its entirety as follows:
101 Purpose and Objectives
The purpose of this Specific Plan is to implement the City’s General Plan with respect to the development of the Rancho San Clemente area. In support of this purpose, the Specific Plan’s objectives are to:
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EXHIBIT 6-A
I. Provide planning and design concepts for Rancho San Clemente consistent with the General Plan and policies specific to the Rancho San Clemente area; II. Provide for the implementation of the City’s Inclusionary Housing Program, Growth Management Program, Urban Design Program, and Master Landscape Plan for Scenic Corridors;
III. Provide a set of development standards for the Specific Plan Area to implement the foregoing planning and design concepts;
IV. Regulate land uses and development in conformance with the City’s Zoning Ordinance and Hillside Development Ordinance No. 841;
V. Provide a balance of land uses within the Specific Plan area, including a wide range of housing opportunities, educational, institutional, open space, and recreational uses, with a substantial employment center including commercial, business park, and industrial park in close proximity to residential areas;
VI. Phase development in step with provision for the infrastructure and services needed to support the new development;
VII. Reduce intrusion on the natural topography and open space by preserving the primary ridgeline, gateway knoll, and perimeter open space areas.

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

I. GENERAL PLAN
The General Plan is the fundamental planning policy document of the City of San Clemente. It defines and sets forth rules by which the community will be permitted to develop in the future. It is intended to guide all planning environmental decisions, and land use in the City for the next ten to twenty years. Goals, objectives, and policies are established by the City’s General Plan, which includes elements to address the following: Land Use; Urban Design; Historic Preservation; Economic Development; Mobility and Complete Streets; Housing, Beaches, Parks and Recreation; Natural Resources; Coastal; Safety; Public Services, Facilities and Utilities; Growth Management; and Governance. Separately, the City more regularly adopts 291
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updates to the State mandated Housing Element. The City’s General Plan also establishes goals and policies addressing air pollution and greenhouse gas emissions as well as efficient use, conservation, and generation of energy within the community aimed at reducing the use of fossil fuels for transportation purposes. These goals and policies provide the foundation for two key implementation documents: the San Clemente Climate Action Plan (CAP) and San Clemente Sustainability Action Plan (SAP).

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

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

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

Likewise, the Zoning Ordinance provides certain regulations that apply within the Specific Plan areas. The Zoning is set forth by the Rancho San 292
EXHIBIT 6-A
Clemente Specific Plan (RSCSP); which establishes the permitted uses and development standards in each zone. Development within Rancho San Clemente shall conform to all provisions contained in this Specific Plan, as well as sections of the City’s Zoning Ordinance adopted herein by reference.

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

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

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

The location of the Focus Area is defined by the developable areas between 293
EXHIBIT 6-A
Avenida Pico and surrounding areas of Calle Amanecer as well as along Avenida La Pata between Calle Del Cerro and the San Diego County border. Rancho San Clemente Focus Area goals and policies are discussed further in Chapter 2 of the Specific Plan.

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

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

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

Section 9. Rancho San Clemente Specific Plan, Figure 1-3, General Plan Land Use, is amended to depict accurate land use locations and abbreviations consistent with the General Plan and the amended Table 1-1, Existing Land Use. Per amendments to the General Plan, Planning Area 1 is amended to change from a Mixed Use (MU) land use and zoning designation to Residential Low (RL) and Neighborhood Commercial (NC 1.2) land use and zoning designations. Planning Area 25 is amended to change from Neighborhood Commercial (NC 2) to Neighborhood Commercial (NC 1.2). Golf Course (OSC) land use area north of Avenida La Pata amended to Private Open Space (OS2).
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Section 10. Rancho San Clemente Specific Plan, Section 106, Existing Physical Conditions, is amended to read in its entirety as follows:

Rancho San Clemente has been subdivided into either numbered lots for development purposes or lettered lots for permanent open space. The majority of 298
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the development area has been either rough or precisely graded. Any new grading proposed in Rancho San Clemente will be to refine rough graded areas already approved for development. The residential ”bowl” area in and around Calle Del Cerro and Avenida Vista Montana is almost completely developed and surrounded by permanent open space including a ridgeline pedestrian trail. There is a City neighborhood park and a public elementary school in the bowl area.

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

North of Avenida La Pata are three Planning Areas and the golf course/clubhouse.

On the south side of La Pata, east of Vista Del Cerro are sites for development of auto service uses, business park, business commercial and heavy industrial, as well as the City’s Richard Steed Memorial Park softball complex. The 142 acres north of Avenida Pico (Planning Area 1) is planned and developed as a neighborhood commercial and residential area. Table 1-1 (Existing Land Use) provides a summary of development status as of mid-2022:

TABLE 1-1

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

286
Residential Low
Density and
Neighborhood
Commercial
RL /
NC1.2
2 T12402 and T 12766 103.1 NA Business Park LI
3 T 12124, T 12125,
T 12852

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

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

15.7 NA park/school OS1/P
24 T 12254 14.8 47 custom home lots RL
25 Lot 3, T 12125 2.4 NA Commercial NC1.2
26 Lot 4, T 12125 7.8 NA Business Park LI
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27 Lot 16, T 12125 5.6 N Business Park LI
ROADS 58.0 NA built
OPEN
SPACE
1097.0 NA open space
Section 11. Rancho San Clemente Specific Plan, Section 107(I), Original Specific Plan, first paragraph amended and reads as follows:

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

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

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

Land use plans, regulations, and design guidelines have been adopted along with this Specific Plan to ensure development improves Rancho San Clemente in a manner consistent with goals and policies for the area. Several Specific Plan amendments have occurred since the plan’s adoption to address various community concerns. Most recently, a 2022 Specific Plan update was completed to amend regulations and design guidelines for consistency with policy, land use, and development standard changes established with the adoption of the 2014 Centennial General Plan and various amendments made to the Municipal Code. The history of Rancho San Clemente planning efforts is summarized below and lists past amendments affecting development since the Specific Plan’s initial implementation.

In 1994, the City Council approved GPA 94-02/SPA 94-02 resulting in several land use designation changes in Rancho San Clemente. In 1995 the City Council approved two more General Plan land use changes in Rancho San Clemente. The changes expanded the Business Commercial, Business Park, and residential Planning Areas.
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GPA 94-02/SPA 94-02 was partly initiated by individual property owners and partly by the City. Privately initiated changes were made for Planning Areas 3A, 5, 6, 8A, 8B, 16, and 27. The City expanded Planning Area 8B by

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

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

In addition to the land use changes identified above, the Rancho San Clemente Specific Plan was in need of an amendment that would implement the 2014 Centennial General Plan and make it consistent in format with the other inland ranch Specific Plans. 2015 amendments to the Rancho San Clemente Specific Plan served that purposes incorporating policies from the City’s Centennial General Plan and other adopted planning programs, and was made compatible with the City’s 2015 comprehensive Zoning Ordinance update.

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

Section 13. Rancho San Clemente Specific Plan, Chapter 1, Introduction, Table of Contents, is amended to adjust to the modifications listed above, and reads as follows:
101 Purpose and Objectives
102 Applicability and Organization of Specific Plan
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103 Relationship to Other City Planning Documents
104 Rancho San Clemente Area
105 General Plan and Zoning
106 Existing Physical Conditions
107 Rancho San Clemente Planning History
108 Authority and Severability
Section 14. Rancho San Clemente Specific Plan, Section 201, Planning Concepts, is amended to read in its entirety as follows:

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

1. Priorities.

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

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

3. Existing Businesses and Property Owners.

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

4. Partnerships.

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

5. Development Monitoring and Maintenance.

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

6. Bike and Pedestrian Environment.

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

III. BALANCED COMMUNITY
The plan provides a balanced mix of land uses, including business park, commercial, industrial, residential, public, recreational, and open space land 304
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uses. The business park, industrial park and commercial development will provide employment opportunities for residents of the City, helping to achieve job creation.

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

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

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

Section 15. Rancho San Clemente Specific Plan, Section 202, Master Land Use Plan, is amended to read in its entirety as follows:

The Rancho San Clemente Master Land Use Plan, Figure 2-1, shows open space areas and planned land uses for Planning Areas identified by a number which corresponds to Table 2-1 (Land Use Statistical Summary). Emergency Shelter Overlay Map, Figure 2-2, shows Business Park area parcels where an emergency shelter is an allowed use in compliance with development standards. The land use areas and overlay area are described below.

Rancho San Clemente has many neighborhoods which are defined by open space 305
EXHIBIT 6-A
buffers and arterial highways. Each cluster of Planning Areas represents a mixture of compatible land uses. Planning Areas 1 and 25 are located west side of the intersection of Avenida Pico and Avenida La Pata and are designated for neighborhood commercial and residential uses.

The Business Park, which is planned for office, research and development, light industrial, and supporting retail uses, includes Planning Areas 2, 3B, 3C, 5, 6, 8B, 26, and 27. Planning Areas 7 is planned for heavy industrial uses. The Business and Industrial Parks allow for automotive service uses.

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

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

I. RESIDENTIAL AREA
Residential areas have been clustered to maximize open space and preservation of significant natural features including the primary ridgeline and gateway knoll. This has minimized the necessity for altering the natural topography, reduced the need for additional infrastructure, and promoted more opportunities for affordable housing units.

The residential core has been located within the bowl area of the site to minimize grading and visual impacts. The bowl area is the area within and around the Calle Del Cerro/Avenida Vista Montana loop. All of the residential areas, with the exception of Planning Areas 1 and 24, are located along this loop or on directly connecting roads. This places residences within easy access of the business park, commercial areas, the neighborhood park and Clarence H. Lobo Elementary School, while maintaining a functional separation of residential uses.

II. BUSINESS PARK AREA
The business park concept is intended to provide a balanced community 306
EXHIBIT 6-A
through the creation of a substantial employment base integrated with the residential areas. The business park is designed to attract high-technology, light manufacturing, and office uses which are environmentally compatible with adjacent residential and open space uses. The business park uses have been located principally in close proximity to Avenida Pico and Avenida La Pata, and are separated from the residential bowl area by the gateway knoll and ridgeline. The business park provides a variety of employment opportunities.

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

IV. COMMERCIAL AREA
The commercial use concept involves provision for a neighborhood commercial center at the north and west corners of Avenida Pico and Avenida La Pata and four business commercial sites conveniently accessible to the business park. The business commercial sites are intended to serve the needs of businesses and employees of the Rancho San Clemente Business Park.

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

VI. EMERGENCY SHELTER OVERLAY
On October 18, 2016, the City Council adopted the Emergency Shelter (ES) Overlay within the Rancho San Clemente Business Park (Figure 2-2). An emergency shelter is a facility that provides temporary shelter and feeding for indigents or disaster victims, operated by a public or non-profit agency. State 307
EXHIBIT 6-A
law requires jurisdictions to identify adequate sites for housing which will be made available through appropriate zoning and development standards to facilitate and encourage the development of a variety of housing types. State law requires that local jurisdictions make provisions in the Zoning Ordinance to permit emergency shelters by right in at least one zoning district where adequate capacity is available to accommodate at least one year-round shelter.

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

LAND USE STATISTICAL SUMMARY

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Low Density
Residential
12 28.8 4.5 133
Low Density
Residential
13 21.9 4.5 76
Low Density
Residential
14 21.2 4.5 88
Low Density
Residential
17 26.9 4.5 124
Low Density
Residential
19 30.0 4.5 92
Low Density
Residential
21 33.1 4.5 130
Low Density
Residential
24 14.8 4.5 47
Medium Low
Residential
11A 16.3 7.0 114
Medium Low
Residential
16 8.8 7.0 43
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EXHIBIT 6-A

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Medium Low
Residential
18 34.0 7.0 204
Medium Density
Residential
10A 10.3 15.0 86
Medium Density
Residential
11B 20.5 15.0 264
Medium Density
Residential
20 25.7 15.0 198
Medium Density
Residential
22 25.3 15.0 368
High Density
Residential
10B 11.5 24.0 250
Neighborhood
Commercial / Low
Density Residential
1 78.1 15.0 286
Residential Sub-Total 407.2 2503
TABLE 2-1
(CONTINUED)

PERMITTED LAND USE PLANNING
AREA

ACRES MAXIMUM

DENSITY
MAXIMUM D.

U.’S
Business Commercial 25 2.4 NA NA
Business Commercial 3A 11.3 NA NA
Business Commercial 8A 1.1 NA NA
Business Commercial 27 7.8 NA NA
Business Park 26 103.1 NA NA
Business Park 2 5.6 NA NA
Business Park 3B 77.3 NA NA
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Business Park 3C 1.9 NA NA
Business Park 4 30.6 NA NA
Business Park 5 4.4 NA NA
Business Park 6 8.1 NA NA
Business Park 8B 23.9 NA NA
Industrial Park 7 33.2 NA NA
Open Space Public 9 46.9 NA NA
Public and Open Space
Public
23 A & B 15.7 NA NA
Institutional 15 7.0 NA NA
Golf Course
(Open Space Private)
1,097.0 NA NA
Roads 58.0 NA NA
GRAND TOTAL 1942.5
Section 16. Rancho San Clemente Specific Plan, Figure 2-1, Master Land Use Plan, is amended to depict accurate locations of Zoning Districts and consistent with the General Plan and the amended Table 1-1, Existing Land Use, as shown below:
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EXHIBIT 6-A
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Section 17. Rancho San Clemente Specific Plan, Figure 2-2, Emergency Shelter Overlay, is added to illustrate location of the Emergency Shelter Overlay per the City’s adopted Housing Element, with subsequent figures renumbered to adjust for the addition of the map. The map is shown below:
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EXHIBIT 6-A
Section 18. Rancho San Clemente Specific Plan, Section 203, Affordable Housing Program, is amended to read in its entirety as follows:

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

The earliest developers of Rancho San Clemente were required to provide a minimum of fifteen percent (15%) of the units built as affordable housing units within Planning Area 1 and 16. By 1995, a total of 329 affordable dwelling units meeting the Inclusionary Housing Program requirements had been constructed and credited to Rancho San Clemente. By 1998, all inclusionary projects built in Rancho San Clemente had fulfilled their term of affordability as required by the IHP established in 1980. In 1996, rather than providing the required affordable dwelling units in Planning Area 1, inclusionary in-lieu fees were paid to the City.

Section 19. Rancho San Clemente Specific Plan, Section 204, Parks, Open Space and Recreation Trails; Table 2-3, Open Space Statistical Summary, amended as Table 2-2, Open Space Statistical Summary.

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

Private open space areas include passive (natural) areas (771.4 acres), recontoured natural areas (77 acres), and active (golf course, Rancho San Clemente Tennis Club, etc.) areas (248.6 acres). The passive open-space areas offer aesthetic relief from the urban environment and buffers which define the neighborhoods of Rancho San Clemente. All of the area designated “Open Space, Private” on Figures 2-1 and 2-3 constitute a “Significant Biological Resources” and a “Visual Resources - Ridgeline Protection” Zone. No development, except for the types of development listed in Section 506, Private Open Space Standards, shall be permitted within these overlay zones.

Likewise, the Pacific Golf Club is designated for golf course use and shall not be developed with any other uses.

Section 21. Rancho San Clemente Specific Plan, Section 204(III), Bikeways and 313
EXHIBIT 6-A
Recreation Trails, is amended to read in its entirety as follows:

In accordance with Figure 2-3, an extensive network of bicycle, equestrian, and hiking trails will be developed throughout Rancho San Clemente. A regional hiking trail has been constructed along the primary ridgeline, providing access to the knoll area at the gateway to Rancho San Clemente.

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

Planning Area 1 has been conditioned to provide a connection to the off-site Forster Ranch Ridgeline trail in accordance with Figure 2-3.

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

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

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

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

A grading concept has been approved for Planning Area 1 to accommodate an approved mixed use development.

Section 23. Rancho San Clemente Specific Plan, Section 206, Circulation Plan, is amended to read in its entirety as follows:
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Figure 2-3 shows the Circulation Plan for Rancho San Clemente. The definitions for roadway classifications are found in the General Plan Mobility and Complete Streets Element. The Circulation Plan contains the following roadway elements:

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

II. Avenida La Pata is a Major Arterial Roadway west of Avenida Pico and a Primary Arterial Roadway east of Avenida Pico. It provides access to the business and industrial parks, as well as the golf course and the Richard Steed Softball Park. Avenida La Pata will ultimately be extended northward through the Prima Deshecha Regional park site to Ortega Highway.

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

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

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

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

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

Implementation of circulation improvements is addressed in Chapter 4, Phasing and Implementation. As stated in Section 207, rights-of-way, parkways, setbacks, landscaping, and other design features for scenic highways shall be in accordance with the City's General Plan, Mobility and Complete Streets Element and Master Landscape Plan for Scenic Corridors. For safety and aesthetic reasons, street parking will generally be prohibited on Arterial Highways within Rancho San Clemente, 315
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unless the City determines that unusual circumstances justify such parking.

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

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

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

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

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

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

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

Signs must comply with the Sign Ordinance.

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

E. Parking Lot Regulations

1. Parking Lot Buffering – There should be a buffer area of at least five (5) feet between buildings and parking areas or driveways in 316
EXHIBIT 6-A
order to avoid placing paved vehicular areas next to building walls. Except where there are walkways, this buffer area should be landscaped. Parking and circulation areas should be screened from the street by landscaping and berming.

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

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

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

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

A. Intent of Landscape Screening – Additional landscaping required for Automotive Service uses should provide adequate screening of vehicles displayed outdoors so as to soften the appearance of the 317
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outdoor use from the perspective of the public right-of-way without creating a harsh or uninviting appearance caused by a long expanse of tall, unlandscaped walls and fences.

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

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

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

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

E. Walls and Fences – Walls or fences located within the required 20-foot front yard landscape area should be no greater than 3.5 feet in height, appear solid with no visible gaps, and have a design to match the architectural style of the building on site. At least seventy percent (70%) of the street side of a screening wall or fence should be landscaped with plant materials at least equal to the fence/wall height. Plant material fences are preferred for aesthetic quality rather than masonry walls and fences.
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F. Plant Arrangement – Landscape screen plant material, other than trees, should be no less than five gallons in size with staggered placement and provide two (2) or more rows and be arranged to lessen the visual gaps between trees. Plants may be grouped, clustered, or unevenly spaced to prevent the creation of an unnatural appearance in the landscape. Drought tolerant plants suitable to San Clemente’s soil should be implemented within the landscape design plans and accompanied with the required site specific agronomic soil report and recommendations.

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

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

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

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

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

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

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

As of the 2022 adoption of this Specific Plan update, all of the remaining undeveloped land is in the designated Business Park or Industrial Park areas.

Most of the Specific Plan is built-out, and at the time of this update, there were no submitted development proposals for the remaining vacant lots.

Section 30. Rancho San Clemente Specific Plan, Section 402, Circulation 319
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Phasing, is amended to read in its entirety as follows:

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

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

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

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

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

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

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

ZONING DISTRICT DENSITY
RL Residential Low: 4.5 D. U./Gross Acre
RML Residential Medium-Low: 7.0 D.U./Gross Acre
RM Residential Medium: 15.0 D. U./Gross Acre
RH Residential High: 24.0 D. U./Gross Acre
B. Applicability - This Section applies to all residential Planning Areas according to the following density standards:

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

Section 35. Rancho San Clemente Specific Plan, Section 503 (VI, G), Administrative Adjustments to Standards, is amended to reference Minor Exception permitting requirements current with the City’s Zoning Code and read in its entirety as follows:

Minor Adjustments to Standards - In order to foster design creativity and innovation, the Zoning Administrator may grant Minor Exceptions to the standards in this Paragraph F in accordance with the Zoning Ordinance if it determines that all of the requirements have been satisfied.

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

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

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

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

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

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

Minimum Lot or Building Site Area and Width - None, minimum lot standards are established in the Site Plan Permit review process.

Section 41. Rancho San Clemente Specific Plan, Section 502(VI, E), Other 321
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Setbacks, is amended to read in its entirety as follows:

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

Section 42. Rancho San Clemente Specific Plan, Section 503, Mixed Use Standards, is struck in its entirety with following sections renumbered accordingly.

Section 43. Rancho San Clemente Specific Plan, Section 504 (I, B), Applicability, is amended to reclassify the zoning for Planning Area 3C from Industrial Park to Business Park.

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

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

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

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

D. Adjustments to Standards - In order to foster design creativity and innovation, the Planning Division may grant adjustments to the standards in Chapter 5 of the Rancho San Clemente Specific Plan in accordance with permitted exceptions in the City’s Zoning Ordinance where administrative or discretionary permits allow for such adjustments.

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

Refer to Chapter 3 - Design Guidelines for acceptable wall and fence materials.

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

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

Automotive Service Uses - This section establishes specific development and land use standards for Automotive Service uses. Where standards not 323
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listed in this section, refer to general development standards in the San Clemente Municipal Code.

1. Outdoor Vehicle Inventory and Display – Auto-Delivery Centers and Vehicle Dealerships, including the sale, renting, and or leasing of new or used vehicles, shall locate outdoor vehicle inventory and vehicles for display in excess of 10 vehicles behind any building façade line of the primary building that faces the public right of way. Vehicles for display shall be located within the display area as designated by any required permit or business license issued by the City. Areas designated for employee and customer parking shall not be used for vehicle inventory or display. Vertical automobile lifts located outdoors shall not be visible from the public right of way or residential uses within 1,000 feet of the establishment measured from the property line.

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

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

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

4. Sign Regulations – Automotive Services, including the repair, sale, renting, distribution, and/or leasing of new or used vehicles, shall not 324
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incorporate promotional or manufactured retail signage, including banners, stickers, flags, for-sale signs, or similar types of signage on site or attached to vehicles stored or displayed on site, except as approved by a Temporary Banner Permit, Discretionary or Administrative Sign Permit, or Special Activities Permit. On-site signs advertising the business shall strictly adhere to the requirements of the San Clemente Municipal Code and adopted plans and policies.

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

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

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

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

9. Minimum Operating Standards – In addition to operational standards and regulations listed in Zoning Ordinance sections 17.28.310, Vehicle Dealerships, Rental, and Sales; 17.28.320, Vehicle Service and Repair325 EXHIBIT 6-A
Related Facilities; and 17.28.290, Service Stations, the following shall apply to all Automotive Service uses:
i. Vehicles for sale shall not be displayed outside of the display area as designated by the approved permit or required
business license.
ii. Auto dealers shall provide to all sales and service employees a map which designates areas for test driving. This map shall note that test driving in residential areas shall be strictly prohibited.
iii. The establishment shall provide, if applicable, a queuing area for vehicles awaiting service or pick-up to prevent parked or stored vehicles in any portion of the public right-of-way in the city. iv. Automotive servicing or repair is permitted as an accessory use for Vehicle Dealerships and Auto-Delivery Centers that offer maintenance and servicing of the type of vehicles sold on site. All auto repairs shall occur within an enclosed building. v. All uses shall operate so as not to generate vibration discernible without instruments by the average person while on or beyond the lot upon which the source is located or within an adjoining enclosed space if more than one
establishment occupies a structure. Vibration caused by motor vehicles, and temporary construction activities conducted pursuant to a building permit, are exempted from this
standard.
vi. All uses shall meet the air-quality standards of the South Coast Air Quality Management District (AQMD). In addition, all uses shall be operated so as not to emit particulate matter or air contaminants which are readily detectable without instruments by the average person while outside of, or within in the lot containing such uses.
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Section 49. Rancho San Clemente Specific Plan, Section 505(II), Principal Uses Permitted, is amended to add Emergency Shelters as a permitted use.

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

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

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

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

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

I. PURPOSE AND APPLICABILITY

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

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

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

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

5. Site Plan Review - All projects regulated by this Section shall be subject to Site Plan Review in accordance with Section 601. 327
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II. PRINCIPAL USES PERMITTED

1. Open Space.

2. Public Recreation Trails and Utilities.

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

4. Minor public utility projects initiated by Outside Agencies.

III. CONDITIONAL USES PERMITTED

1. Parks, athletic fields and recreation centers.

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

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

1. Structures incidental and accessory to permitted uses.

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

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

Scenic Highways.

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

Section 54. Rancho San Clemente Specific Plan, Section 601 (III), Concept Plan Required, is struck in its entirety, and following sections renumbered accordingly. 328
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Section 55. Rancho San Clemente Specific Plan, Section 601 (V), Architectural Permits, is amended to read in its entirety as follows:

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

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

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

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

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

Agricultural Uses shall mean farming, including all types of agriculture and 329
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horticulture, grazing, and small animal farms not including commercial kennels, poultry farms, or dairies. Cannabis growing operations are not considered an agricultural use.

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

Fully-electric Vehicles are limited to those whose in-vehicle power source is completely reliant on recharging via connection/plug-in to some electrical source. Petroleum-electric hybrid vehicles and/or vehicles that employ hydrogen for automotive power are not considered fully-electric vehicles.

1. An Electric Vehicle Dealership may act as a stand-alone sales or distribution center for fully-electric vehicles, and/or in conjunction with Minor Repair services exclusively dedicated to fully-electric vehicles.

2. No manufacturing of fully-electric vehicles shall take place on-site at an Electric Vehicle Dealership. The sale or lease of used fully-electric vehicles will only be permitted in conjunction with the sale of new fully-electric vehicles on the same site.
o “Auto-Delivery Center” means a place of business primarily engaged in the sales or leasing of new pre-sold or new pre-ordered vehicles with no more than 10 vehicles on display outdoors at any given time and where the establishment may operate in conjunction with ancillary repair services. o “Vehicle Dealerships” means a place of business primarily engaged in the sales or leasing of new and/or used vehicles and may include ancillary rental, parts sales, and vehicle repair.
o "Vehicle Rental" means a place of business limited to an office use and engaged in renting vehicles.
o "Vehicle Sales" means a business, other than a vehicle dealership, engaged solely in buying, selling, and/or leasing used vehicles. 330
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o "Major vehicle repair" means establishments which operate entirely indoors and provide major repair and maintenance related to motor vehicles and generate, treat, store, or dispose of hazardous waste materials as defined by the California Health and Safety Code.
o "Minor vehicle repair" means establishments which operate entirely indoors and provide minor routine care and maintenance related to motor vehicles.

Typical uses would include, but not be limited to, radiator, transmission, muffler, cooling system, and brake repair shops, tire stores and wheel adjustments, alignment shops, auto-body detailing shops, stereo installation, diagnosis and tune-up services, oil and lubrication services, auto glass repair and installation, automotive seat covers and re-upholstery, and electrical repair, such as battery charging, repair/replace starter, alternator, generator, rewiring of automobile components such as lights, gauges, and stereos.
o “Service Stations” means any premises where vehicle-related gasoline and other fuel products or services are sold, including car washes and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. This definition shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. o “Car Wash” means a standalone commercial establishment providing the washing of automobiles where vehicles move along self-propelled mechanical wash racks, vehicles are washed by hand, or a self-service car wash service is provided. A garage, gas station, delivery center or vehicle rental, sales, or dealership, or similar automotive service, are not considered car washes.
o “Vehicle Parts Store” means retail sales of vehicle-related parts with no onsite installation of parts or other vehicle services. o “Private Vehicle Storage” means the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for automotive service uses where on-site customer engagement does not occur, and where vehicle inventory or storage located outside is not visible from the public right of way or residential uses. 331
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o “Vehicle Display Area” designated outdoor area of a property operating as an automotive service establishment where vehicles are displayed and the location of such area is approved through any necessary permitting or licensing process.

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

Section 58. Rancho San Clemente Specific Plan is amended to strike Appendix D, Current Resolution of Approval for Plaza Pacifica Project, in its entirety. 332
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Specific Plan Amendment 21-229
Marblehead Inland Specific Plan
Section 1. Marblehead Inland Specific Plan, Title Page (page 1), is amended to remove history of Specific Plan amendments and rename title of the document from “Summary of Marblehead Inland Master Specific Plan” to “Marblehead Inland Specific Plan” with references to the title throughout the document changed accordingly.

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

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

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

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

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

In 1984, The Lusk Company revised certain portions of the approved Specific Plan, in accordance with the requirements and procedures set forth in the PRD regulations. The revised Marblehead Specific Plan was approved by the City of San Clemente in 1984, and is included as Page4 of this booklet. Upon approval of the Marblehead Inland Planned Community, all revised land uses were designated O-S (PRD) with the exception of the institutional use site (church site) and perimeter open space that was designated O-S only. It should be noted that PRD requirements, including the contents of Master Plans and Specific Plans, differ from the requirements of the Planned Residential District (PRD) outlined in the General Plan and Zoning Code.

The approved Marblehead Specific Plan provides for 1335 dwelling units, based upon an overall base density of 1.5 dwelling units per acre over the total project area of 762 acres plus a density bonus of 192 dwelling units for affordable housing. 333
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Following is a summary of approval and construction dates for the various developments in Marblehead Inland:

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

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

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

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

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

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

Section 9. Marblehead Inland Specific Plan, Exhibit C, Summary of Development Standards, is amended to include footnote #15 for “Front Yard (Maximum Height)” in Institutional zones concerning walls, hedges, and fences, as read below:
(15) The maximum heights of walls, hedges, and fences within the approximately

5.6-acre portion of the Institutional Site designated as Parcel 1 in Parcel Map No. 335
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84-827 shall be determined as part of the Site Plan review process.

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

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

Section 11. Marblehead Inland Specific Plan is amended to enhance the quality of table on page 21 titled “Marblehead Inland” which provides details on the number of acres and dwelling units, and housing types for each planning area. 336
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Specific Plan Amendment 21-229
Talega Specific Plan
Section 1. Talega Specific Plan, Table of Contents, is amended as follows with the amended sections, figures, and appendices adjusted throughout the document to match:
 Rename Section 208, “Mixed Use” as “Village Center”
 Rename Figure 2-1, “Community Vision” as “Focus Area”  Remove Section 506, Institutional Land Use Standards
 Remove Section 507, Golf Course Standards
 Remove Section 508, Institutional Land Use Standards
 Description of Appendices A and C are amended as follows:

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

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

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

On December 12, 2001 the City Council of San Clemente adopted Resolution No. 01-76 approving the third Talega Specific Plan Amendment (SPA 98-05), the General Plan Amendment (GPA 98-05) and the Park and Recreation Master Plan Amendment. On December 17, 2001 the Board of Directors of the Talega Joint Planning Authority (JPAT) adopted Resolution JPAT 01-05 approving the Talega Specific Plan Amendment (SPA 98-05) and General Plan Amendment (GPA 98-05). Both Resolutions were adopted under the provision that minor modifications to the Talega Specific Plan Amendment No. 3 be made.

The JPAT has since dissolved, but continues to be referenced throughout the Specific Plan 337
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document for historical context regarding amendments to the Specific Plan approved by the City in the past.

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

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

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

On December 17, 2001 the Board of Directors of the City Council adopted Resolution No.

JPAT 01-05 approving the General Plan Amendment (GPA 98-05) and Talega Specific Plan Amendment (SPA 98-05).
 Section 408 (A, 1), Conditions Per SPA 98-05, is amended to read in its entirety as follows:

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

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

As shown on Figure 1-4, the Talega Specific Plan area includes land use designations for residential, business park, commercial, recreational, and open space land uses. The General Plan designations for Talega are as follows:

RL: Residential Low
RML: Residential Medium Low
RM: Residential Medium
RH: Residential High
LI: Light Industrial
NC1.2: Neighborhood Commercial
NC1.3: Neighborhood Commercial
OSR: Open Space Reserve
OS1: Public Open Space
OS2: Private Open Space
Section 4. Talega Specific Plan, Section 106(A), City of San Clemente, is amended to include a paragraph at the end of the section that reads in its entirety as follows:

In 2022, The City Council of San Clemente approved amendments to the Specific Plan (SPA 21-229). The 2021 Specific Plan Amendments addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049) that changed land use designations in the Talega Specific Plan. The 2021 Specific Plan Amendment also incorporated into the document the General Plan Focus Area for the Business Park and adopted development standards and regulations for permitted and conditionally permitted automotive service uses to address auto-related goals and policies in the Centennial General Plan.
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Section 5. Talega Specific Plan, Section 107, General Plan and Zoning, is amended in its entirety to read as follows:
107 GENERAL PLAN AND ZONING
A. General Plan
Concurrent with this Specific Plan, General Plan Amendments were adopted by the City of San Clemente City Council in 2014 and 2015 (GPA 13-043, GPA 15-049). Adoption of the amendment reconfigured the General Plan land use designations for the Talega project area. As shown on Figure 1-4, the Talega Specific Plan area is designated as a mixed use development consisting of residential, business park, commercial, recreational, and open space land uses. The General Plan designations for Talega, as adopted concurrently with the adoption of this Specific Plan, are as follows:

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

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

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

1. Priorities.

Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Talega Business Park as a premier office and industrial employment center that 343
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capitalizes on San Clemente’s access to the Orange County and San Diego County markets (General Plan Policy LU-8.01).

2. Vehicle Sales and Services.

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

3. Existing Businesses and Property Owners.

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

4. Partnerships.

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

5. Development Monitoring and Maintenance.

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

6. Bike and Pedestrian Environment.

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

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

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

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

Table 2-1

LAND USE PLAN STATISTICAL SUMMARY
(Note: gross acreages are approximate and will be more precisely defined during the Area Plan process) Land Use
City of
San
Clemente
Sphere of
Influence
Talega
Project Total
R
E
S
I
S
E
D
T
I
A
L
RL Residential Low 262.5 22.8 285.3
RML Residential Low-Medium 252.3 143.1 395.4
RM Residential Medium 109.1 168.9 278
RH Residential High 0.0 5.8 5.8
Residential Subtotal 623.9 340.6 964.5
B
U
S
I
N
E
S
S
NC Neighborhood Commercial 13.0a 10.9 23.9
BP Business Park 16.9 50.9 67.8
Commercial/Business Subtotal 29.9 61.8 91.7
P Public/Private Parks and
Schools

44.1b,d 20.2b,d 64.3b
RP Regional Park 5.9 8.2 14.1
School/Park Subtotal 50 28.4 78.4
O S
P P
E A
N C
E
OS Open Space 662.3a 426.5 1088.8
OSR Talega Reserve 175.0 997.0 1,172.0
Open Space Subtotal 837.3 1,423.5 2,260.8
R
O
A
D
S
RD Major Roads 62.9 51.7 114.6
Roads Subtotal 62.9 73.1 136.0
Project Totals 1,604.0 1,906.0 3,510.0
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Section 12. Talega Specific Plan, Section 204(A), Residential Land Use Description, is amended to reduce the number of density categories from “five” to “four” and remove “medium high density” from the first sentence of the second paragraph.

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

Table 2-3A

RESIDENTIAL LAND USE SUMMARY
(Note: gross acreages and dwelling unit allocations among density categories are approximate and will be more precisely defined during the Area Plan process) Residential Designation
Maximum
Density
(units per gross acre)
Acres Dwelling Units
City
Sphere of
Influence City
Sphere of
Influence
RL Residential Low 4.5 du/ac 262.5 22.8 894 79
RML Residential Low Medium 7 du/ac 252.3 143.1 987 525
RM Residential Medium 15 du/ac 109.1 168.9 808 1,097
RH Residential High 24 du/ac 0 5.8 0 110
Subtotals 623.9 340.6 2,689 1,811
TOTALS 964.5 4,500
Section 14. Talega Specific Plan, Table 2-3B, Distribution of Housing, is amended to read in its entirety as follows:

Table 2-3B

DISTRIBUTION OF HOUSING
Residential Designation Total Acreage
% of Total
Residential
Acreage
Total
Maximum
Dwelling
Units
% of Total
Dwelling Units
RL Residential Low 285.3 29% 973 22%
RML Residential Low Medium 395.4 41% 12 34%
RM Residential Medium 278 29% 1,905 42%
RH Residential High 5.8 1% 110 2%
TOTALS 964.5 100% 4,500 100%
Section 15. Talega Specific Table 2-2, Master Land Use, is amended for consistency with existing village center and planning area statistics in regards to number of total acres per planning area provided in Table 2-1, Land Use Plan Statistical Summary, and the allowed density for each zone when calculating maximum dwelling units.

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

Medium Low density areas shall not exceed 4.5 du/ac; Low Medium density areas shall not exceed 7.0 du/ac; Medium density areas shall not exceed 15.0 du/ac; and High density areas 349
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shall not exceed 24.0 du/ac.

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

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

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

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

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

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

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

Table 2-5
Public Facilities and Open Space Land Use Summary
(Note: gross acreages are approximate and will be more precisely defined during the Area Plan process) Land Use Designation City
Sphere of
Influence Totals
Public Facilities
P Public/Private Parks, Schoolsa44.1a,c 20.2a,c 64.3a
RP Regional Park 5.9 8.2 14.1
Subtotal 50.0 28.4 78.4
Open Space
OS1&2 Open Space 662.3b426.5 1,088.8
OSR Talega Reserve 175.0 997.0 1,172.0
Subtotal 837.3 1,402.1 2,239.3
Total 887.3 1,430.5 2,317.8
a. Approximately 21.5 acres will be designated for public parks. The remaining acreage will be used for private recreation facilities.
b. Approximately 46.3 acres of golf course and approximately 53.9 acres of open space are designated for the Village Center.
c. Planning Area G-11 (Private Recreation Park) has 3.0 acres in the City and 5.0 acres in the sphere-of-influence.
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Section 23. Talega Specific Plan, Section 208(C), Open Space, is amended to replace the first sentence with the following:

This Talega Specific Plan provides for approximately 1088.8 acres of open space, and 1,172.0 acres of open space reserve (Talega Reserve)..

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

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

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

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

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

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

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

D. Business Park Development

1. Pedestrian Orientation - The siting of buildings around common pedestrian walkways is encouraged. Pedestrian walkways should be provided connecting individual buildings. 351
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2. Outdoor Lighting - Parking lot and outdoor lighting should be the minimum needed to accommodate safety and security, while minimizing impacts on surrounding residential areas. Lighting of any facility should be oriented away and shielded from neighboring residential properties. In addition, the lighting should not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets. Decorative fixtures with shields to direct light downward should be used for overhead lighting. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. Light fixture design should be consistent with the character of the project.

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

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

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

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

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

E. Landscape Buffering and Screening for Automotive Uses Automotive Service uses requiring the screening of on-site vehicle inventory and display are subject to Landscape Guidelines set forth in Chapter 304 in addition to the landscape guidelines provided below. Commercial and industrial uses in the Business Park are predominantly prohibited from operating outdoors. To accommodate the general nature of automotive uses’ 352
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outdoor operations, while ensuring the continuity of high-quality design along public streets, additional landscape buffering and screening is required.

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

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

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

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

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

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

Section 29. Talega Specific Plan, Figure 3-6, Conceptual Master Landscape Plan, is amended to show correct open space areas consistent with General Plan land uses.
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Section 30. Talega Specific Plan, Figure 4-1, Phasing Plan, is amended to remove the legend from the figure that depicts General Plan Land Uses.

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

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

A. Purpose and Applicability

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

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

Zoning District: D.U.s per Gross Acre D.U.s per Net Acre Residential Low (RL) 4.5 7.0
Residential Medium Low (RML) 7.0 10.0
Residential Medium (RM) 15.0 24.0
Residential High (RH) 24.0 36.0

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

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

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

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

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

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

Section 34. Talega Specific Plan, Section 502(B, 4), Medium High Density 354
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Planning Areas, is amended to be removed in its entirety with following subsections renumbered to adjust to the change.

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

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

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

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

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

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

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

4. Minimum Lot Standards
Standard
Low
Density
Medium Low
Density
(SFR/Duplex)
Medium
Density
High
Density
a. Minimum
Lot Area: 6,000 sq. ft. 6,000/9,000 sq. ft. 6,000 sq. ft. N/A b. Lot Width: 60 ft. 60/70 ft. 60 ft. 60 ft.
c. Lot Depth: 100 ft. 60 ft. 60 ft. 60 ft.

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

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

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

Section 44. Talega Specific Plan, Section 502(G, 7), Usable Open Area, removes reference to Medium High Density, and renames the” L” density to “RL”, the “LM” density to “RML”, the “M” density to “RM”, and the “H” density to “RH”. 355
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Section 45. Talega Specific Plan, Section 502(G, 14), Recreation Vehicle Storage, is renamed to “Private Vehicle Storage”.

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

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

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

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

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

H. Development Standards for Automotive Service Uses
This section establishes specific development and land use standards for Automotive Service uses. Where standards not listed in this section, refer to general development standards in the 356
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San Clemente Municipal Code.

1. Outdoor Vehicle Inventory and Display – Auto-Delivery Centers and Vehicle Dealerships, including the sale, renting, and or leasing of new or used vehicles, shall locate outdoor vehicle inventory and vehicles for display in excess of 10 vehicles behind any building façade line of the primary building that faces the public right of way.

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

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

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

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

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

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

6. Parking Requirements – All parking standards and requirements shall be in accordance with Zoning Ordinance. For the purposes of determining required parking, Auto Delivery Centers and Electric Vehicle Dealerships shall be the same numerical requirement as Vehicle Dealerships.
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7. Inoperable Vehicles and Junked Parts – No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building, unless permitted through the Site Plan Permit process established in the Zoning Ordinance.

8. Private Vehicle Storage – For Private Vehicle Storage uses, the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for any automotive use, shall conform to the Zoning Ordinance.

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

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

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

Section 50. Talega Specific Plan, Section 504(A), is amended to replace 358
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“Commercial (C) areas”, with “Neighborhood Commercial (NC) areas”.

Section 51. Talega Specific Plan, Section 504(F, 2), Minimum Lot Size, is amended to read in its entirety as follows:
4,000 square feet
Section 52. Talega Specific Plan, Section 504(F, 3), Maximum Height of Main Building, is amended to read in its entirety as follows:

3. Maximum Height of Main Building –
NC 1.2: 33’-0” Top of Roof; 26’-0” Plate; 2 stories
NC 1.3: 45’-0” Top of Roof; 37’-0” Plate; 3 stories
Section 53. Talega Specific Plan, Section 504(F, 4), Floor Area Ratio, is amended to remove the last sentence that reads “FAR for hospital use shall comply with the City of San Clemente General Plan”.

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

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

Section 55. Talega Specific Plan, Section 504, Commercial Land Use Standards, is amended to add Section 504(G), Development Standards for Automotive Service Uses, with subsequent sections renumbered to adjust for the change, and reads in its entirety as follows:

Automotive Service uses proposed in commercial zoning districts shall comply with development standards listed under section 503.H, Development Standards for Automotive Service Uses, Business Park Land Use Standards.

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

In cases where it is not clear whether a proposed land use is permitted under this Section, refer to the Zoning Ordinance. If also not specifically addressed in the Zoning Ordinance, SCMC 17.04.040 governs.

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

Section 58. Talega Specific Plan, Section 507(A), Purpose and Applicability, is amended to replace “Natural Open Space” with “Open Space (OS1 & OS2)”. 359
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Section 59. Talega Specific Plan, Section 507(C), Conditional Uses Permitted, is amended to add the following use to the end of the section:

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

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

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

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

17.52.010 et seq. of the Zoning Code.

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

H. Conditional Use Permits
Conditional Use Permits (CUP) and Minor Conditional Use Permits (MCUP) shall be processed in accordance with Sections 17.16.060 and 17.16.070 of the Zoning Code. If a Use Permit is processed concurrent with a Tentative Map, and City Council approval of the Tentative Map is required, then City Council approval of the Use Permit shall also be required.

In addition to the general findings for approval of a CUP or MCUP per the Zoning Ordinance, a request to allow automotive service uses shall also make the following special findings for approval:
i. Vehicle inventory and display located outdoors, unless permitted by right, incorporate adequate view protection from the public right of way and nearby residential uses designed in accordance with landscape buffer and screening design guidelines. ii. Vehicle inventory associated with the business is stored on site unless permitted through an off-site Parking Agreement approved in accordance with the Zoning Ordinance.

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

Section 63. Talega Specific Plan, Chapter 7, Definitions, is amended to add a section for definitions related to Automotive Services, which reads in its entirety as follows:
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Automotive Services shall mean the provision for consumers of the selling, leasing, renting, and major/minor maintenance repair care related to automotive and recreational vehicles. Automotive vehicles include petroleum powered vehicles, as well as Fully-electric Vehicles and petroleum-electric hybrid vehicles as pertaining to cars/trucks or similar freeway drive automobiles. o “Electric Vehicle Dealership” means a vehicle dealership and automobile sales agency that only sells and/or distributes fully-electric vehicles on-site.

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

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

An Electric Vehicle Dealership may act as a stand-alone sales or distribution center for fullyelectric vehicles, and/or in conjunction with Minor Repair services exclusively dedicated to fully-electric vehicles. No manufacturing of fully-electric vehicles shall take place on-site at an Electric Vehicle Dealership. The sale or lease of used fully-electric vehicles will only be permitted in conjunction with the sale of new fully-electric vehicles on the same site. o “Auto-Delivery Center” means a place of business primarily engaged in the sales or leasing of new pre-sold or new pre-ordered vehicles with no more than 10 vehicles on display outdoors at any given time and where the establishment may operate in conjunction with ancillary repair services.
o “Vehicle Dealerships” means a place of business primarily engaged in the sales or leasing of new and/or used vehicles and may include ancillary rental, parts sales, and vehicle repair. o "Vehicle Rental" means a place of business limited to an office use and engaged in renting vehicles.
o "Vehicle Sales" means a business, other than a vehicle dealership, engaged solely in buying, selling, and/or leasing used vehicles.
o "Major vehicle repair" means establishments which operate entirely indoors and provide major repair and maintenance related to motor vehicles and generate, treat, store, or dispose of hazardous waste materials as defined by the California Health and Safety Code. o "Minor vehicle repair" means establishments which operate entirely indoors and provide minor routine care and maintenance related to motor vehicles. Typical uses would include, but not be limited to, radiator, transmission, muffler, cooling system, and brake repair shops, tire stores and wheel adjustments, alignment shops, auto-body detailing shops, stereo installation, diagnosis and tune-up services, oil and lubrication services, auto glass repair and installation, automotive seat covers and re-upholstery, and electrical repair, such as battery charging, repair/replace starter, alternator, generator, rewiring of automobile components such as lights, gauges, and stereos.
o “Service Stations” means any premises where vehicle-related gasoline and other fuel products or services are sold, including car washes and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. This definition 361
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shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, and body fender work are conducted. o “Car Wash” means a standalone commercial establishment providing the washing of automobiles where vehicles move along self-propelled mechanical wash racks, vehicles are washed by hand, or a self-service car wash service is provided. A garage, gas station, delivery center or vehicle rental, sales, or dealership, or similar automotive service, are not considered car washes.
o “Vehicle Parts Store” means retail sales of vehicle-related parts with no on site installation of parts or other vehicle services.
o “Private Vehicle Storage” means the parking or storage of automotive vehicles, boats, trailers, recreational vehicles, or similar vehicles, including off-site inventory for automotive service uses where on-site customer engagement does not occur, and where vehicle inventory or storage located outside is not visible from the public right of way or residential uses. o “Vehicle Display Area” designated outdoor area of a property operating as an automotive service establishment where vehicles are displayed and the location of such area is approved through any necessary permitting or licensing process.
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Specific Plan Amendment 21-229
Forster Ranch Specific Plan
Section 1. Forster Ranch Specific Plan, Cover Page (pages 2), is amended to update document’s last revised date.

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

2. Master Plan ............................................................................................ 2-1 201 Planning Concepts and Area Boundaries ................................... 2-1 202 Master Land Use Plan ............................................................... 2-3 203 Affordable Housing Program...................................................... 2-3 204 Sector D Land Use Plan............................................................. 2-4 205 Sector G Land Use Plan............................................................. 2-8 206 Sector P Land Use Plan ........................................................... 2-10 207 Parks, Open Space and Recreation Trails ................................ 2-13 208 Grading Concepts.................................................................... 2-18 209 Landscape Concepts................................................................ 2-22 210 Circulation Plan ...................................................................... 2-26 211 Infrastructure Plan.................................................................. 2-27

4. Phasing and Implementation................................................................. 4-1 401 Purpose..................................................................................... 4-1 402 Public Improvements................................................................. 4-1 403 Bikeway and Trail Phasing ........................................................ 4-3 404 Infrastructure Improvements..................................................... 4-5 405 Funding of Public Facilities ....................................................... 4-9 406 Maintenance Responsibilities .................................................. 4-11 407 Conditions on Future Entitlements.......................................... 4-12 Exhibit Page No.
4-1 Recreation Trail Phasing ..................................................................... 4-4 4-2 Water Distribution Plan ...................................................................... 4-6 4-3 Drainage Plan..................................................................................... 4-7 Table Page No.
1-1. Sector D 2022 Existing Land Use - ................................................... 1-12 1-2. Sector G 2022 Existing Land Use...................................................... 1-13 1-3. Sector P 2022 Existing Land Use ...................................................... 1-14 Section 3. Forster Ranch Specific Plan, Section 101, Purpose and Objective, is amended to remove subsection 7 which reads: “To implement the provisions of the 1998 Development Agreement between the City and Laing Forster Ranch LLC, relating to limits of development, land uses, regulations, residential densities, development 363
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processing, improvements, and fees.”
Section 4. Forster Ranch Specific Plan, Section 103(A), Legal Authority, is amended in its entirety to read as follows:

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

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

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

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

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

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

The Specific Plan was later amended again in 1998 to reflect the revised development plan of the owner of Forester Ranch at the time, Laing Forster Ranch LLC (hereinafter referred to as “Laing”) addressing the remaining undeveloped portions of the Specific Plan area in Sectors D and P. Within Sector P, Laing proposed to reduce the maximum number of dwelling units from 2,033 to 1,617; to shift all the residential development area to the westerly side of the major north-south Primary Ridgeline and to designate the east side for institutional, commercial, and open space uses. Also, the Specific Plan amendment expanded Sector P by approximately 65 acres arising from a lot line adjustment and transfer of property from the Marblehead Inland Specific Plan area to the Forster Ranch Specific Plan boundaries. Finally, in recognition of the City’s revised affordable housing policies and programs, the developer was not required to construct affordable units, and instead contribute fees in lieu of such construction in order to assist the City’s efforts to provide these affordable housing opportunities citywide. 364
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SPA 21-229 addressed amendments made to the General Plan in 2014 and 2015 (GPA 13-043, GPA 15-049). The General Plan amendments changed land use designations in the Forster Ranch Specific Plan from Neighborhood Commercial NC2 to NC 1.2 and areas designated as Public (P) in the eastern area of the Specific Plan near the intersection of Avenida Vista Hermosa and Avenida La Pata were changed to Public Open Space (OS1). In addition, the General Plan amendments changed Golf Course (OS3) land uses to Private Open Space (OS2).

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

Sector D also includes two sites located on each side of Portico del Sur at Camino de los Mares, and are designated medium density residential (approximately 7.3 buildable acres) and high density residential (approximately 7.6 buildable acres). Finally, Sector D includes the Cristianita Pageant site, the Truman Benedict School, and a public community park site adjacent to the school. Planning for these areas is addressed in Chapter 2.

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

Sector P, as shown in Exhibit 1-3, is composed of the land formerly referred to as the “Planning Area” of the Ranch. It contains 1,096 acres and lies to the east and north of Sector D. Land use designations and development standards for Sector P are provided in Chapters 2 and 5, respectively.

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

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

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

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

This revised 2022 Forster Ranch Specific Plan is based on the following planning concepts:
1) Retention of the basic infrastructure plans from the previous Specific Plan (e.g., sewer, water, drainage, utilities)
2) Adherence to the City’s ridgeline preservation policy. 3) Conformance with the Centennial General Plan policies. 4) Implementation of a development plan compatible with existing residential development within Forster Ranch and Marblehead Inland. 5) Conformance with the anticipated provisions of the Natural Communities Conservation Program (NCCP).
6) Adherence to the City’s General Plan Growth Management Policies. 7) Adjustment of Specific Plan tables and statistics to reflect existing development in relation to land use designations.

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

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

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

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

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

By 2022, all private development in Sector D has been completed. All future development in Sector D shall be in accordance with Table 2-2, Exhibit 2-2, and the corresponding permitted uses and development standards in Chapter 5.

Section 19. Forster Ranch Specific Plan, Table 2-2, Sector D Land Use Summary, Residential, is amended to change the General Plan land use designation in the Alisal site area from Residential High (RH) to Residential Medium (RM).

Section 20. Forster Ranch Specific Plan, Exhibit 2-2, Land Use Plan Sector D, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 21. Forster Ranch Specific Plan, Exhibit 2-3, Land Use Plan Sector G, is amended for consistency with land use designations in the General Plan and is provided below:
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Section 22. Forster Ranch Specific Plan, Section 206(A), Public, is amended to be retitled as “Public Open Space”, and is amended in its entirety to read as follows:

Sector P contains 1,096 acres spanning the east and west sides of the north-south Primary Ridgeline. Planning Areas A and B on the east side of the ridgeline are planned as public open space of about 192 acres.

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

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

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

OPEN SPACE SUMMARY
Open Space Area Sector D Sector P Sector G Totals
Forster Community Park 7.0 0 0 7.0
Forster Community Park 21.9 0 0 21.9
Los Mares Greenbelt 15.3* 8.8 0 25.1
Major Hillside & Ridgeline
Open Space

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

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

59.5 0 0 59.5
Shorecliffs Golf Course 0 0 139.0 139.0
Total Open Space Acres 258.0 541.4 139.0 938.4
Total Acres in Sector 740.1 1096.0 145.0 1981.1
Percentage Open Space 34.8% 49.3% 95.7% 41.6%
Section 27. Forster Ranch Specific Plan, Section 207(A), Forster Ranch Community Park, is amended to read in its entirety as follows:

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

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

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

2. Section P — Sector P includes two contiguous parcels, separated by Camino del Rio, totaling approximately 165 acres of a conservation easement. The conservation easement area is illustrated in Exhibit 2-6. The major hillside and ridgeline open space within Sector P is to be preserved in accordance with the Hillside Development Ordinance with limited alteration. Exceptions are for 376
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contour grading on the edge of a development area (as shown on the Exhibit 2- 9 Grading Concept) and the installation of trails, small trail rest areas, and a scenic overlook area. Approval by the Community Development Director will be required to allow remedial grading to extend further into open space areas than the conceptual grading limits shown on Exhibit 2-9. In such a case, an expansion of grading limits will be approved only to the extent determined by the Director to be necessary to ensure soil stability.

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

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

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

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

Landscape planting shall include a combination of trees, shrubbery, vines, and groundcover. Drought tolerant and non-invasive plants are encouraged. Plants that have a higher water usage should be limited to specific pedestrian areas. The State Model Water Efficiency Ordinance (MWELO) (AB325) shall apply to the development, as specified in the City’s Guidelines and Specifications for Landscape Development.

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

The design guidelines in this Chapter are used in conjunction with the City’s Design Guidelines. First, the design guidelines in this Chapter are used as the primary reference for desired design principles in the Forster Ranch area. Then, when this Chapter does not address a site design, grading, landscaping, or architectural design 377
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topic, the City’s Design Guidelines should be used as a reference to design projects.

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

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

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

Section 34. Forster Ranch Specific Plan, Section 303(A, 8), Project Identification, is amended to clarify signs in residential development shall conform to the City’s Sign Ordinance.

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

1. Pedestrian Environment - Buildings should be sited in such a manner as to encourage walking from one part of the commercial area to another, minimizing automobile intrusion. Defined outdoor spaces, such as arcades, colonnades, and courtyards, should be provided. The internal and external streetscape design should encourage pedestrian activity. Pedestrian paths should be provided to create convenient accessible linkages from one part of the commercial area to another. Pedestrian walkways should be identified with textured and/or colored paving, and should be buffered from automobile traffic by use of landscaped planters, bollards, street furniture, etc. Vertical elements should be employed to draw the pedestrian to designated walkways leading from the parking areas to the commercial activity areas.
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Section 36. Forster Ranch Specific Plan, Section 303(B, 4), Screening of Service Areas, is amended in its entirety to read as follows:

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

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

A landscape (or walkway) buffer area of at least 5 feet should be provided between buildings and parking areas or driveways, in order to avoid placing paved vehicular areas next to building walls. These buffer areas should be landscaped or designed as pedestrian walkways with landscaped planters. Parking areas should be screened from the street by landscaping and berming.

Section 38. Forster Ranch Specific Plan, Section 304, Landscape Guidelines, is amended in its entirety to read as follows:
304 LANDSCAPE GUIDELINES
A. INTRODUCTION
Landscaping is an important component of the urban-design fabric; to a large extent, it establishes the overall site character. Well-conceived plantings can do much to transform an otherwise dull and barren site into a more useful, comfortable, and pleasant place. It also softens the visual image of architecture or development. A common landscape theme helps create a sense of place; it can provide areas for public activity by creating attractive spaces to enjoy views, relax, and recreate. The two primary goals for Forster Ranch’s landscape are to: 1) create a sense of arrival, and 2) maintain and enhance public view corridors.

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

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

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

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

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

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

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

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

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

7. Landscape Adjacent to Commercial Buildings - Commercial buildings may have a landscape area immediately adjacent to the front and sides of buildings except for loading and service areas. These areas shall be considered in meeting the overall 15 percent site landscape area requirement. Covered walkways, patios, courtyards, and landscape areas may be counted toward the total landscape requirements.
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8. Commercial Treatments - San Clemente has the potential to develop courtyards for pedestrians, which take advantage of the City’s exceptional climate. If possible, it is preferable that the courtyards be partially visible from the street and surrounding commercial/retail areas. Courtyard treatments will be used for pedestrian areas consisting of decorative paving and landscaping. The total courtyard area shall count toward the landscape requirements.

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

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

11.Commercial Parking Lot Landscape Treatments - Parking areas shall be broken up by a combination of building placement and landscape planting (primarily trees for visually screening). Landscape planting in parking areas shall be located in planter areas (landscape islands and tree wells), which are bounded by concrete curbing (minimum 6 inches high). Tree wells in parking areas shall have a minimum size of 5 feet by 5 feet (outside curb dimension). Landscape islands and tree wells shall contain trees, shrubs and groundcover. a. Landscape Areas - The landscape areas within the parking lot shall contribute to the overall 15 percent landscape area requirement for the site (landscape area calculated based on net site area excluding building footprints). No specific landscape area percent is designated exclusively for the parking lot area. Landscape fingers with a minimum width of 5 feet to the outside curb shall occur at the end of all parking stall runs, except at pedestrian paved areas.
b. Tree Requirements - A minimum of one 15-gallon tree shall be provided for every 10 parking stalls on average. Due to the unique view opportunities of this site, palm trees shall be counted toward the tree count requirement.

Clustering of parking lot trees to allow for view corridors shall be encouraged where appropriate.
c. Tree Selection - A consistent emphasis on view, coordination, clustering, and circulation shall be realized within the tree layout.
d. Shrub Selection - Shrubs within the parking areas shall be over 8 inches in height, but not exceed 36 inches in height, so as not to obstruct auto visibility. All parking lot tree planters shall also contain shrubs. e. Groundcover Use - Groundcover plant material is not required in tree wells if there are adequate shrubs for eventual full coverage of groundcover areas. 381
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f. Tree Well Irrigation - Drip irrigation is encouraged in tree well areas. g. Parking Lot Screening - Along Avenida Vista Hermosa, parking areas for the commercial development shall be screened from the street by means of landscape planting or berming in the landscape buffer. A continuous screen 30 inches in height should be formed by the use of plants or berms. Shrubs should be 30 inches in height after 2 years growth, and should be spaced in massed plantings so that branches inter-twine.

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

B. Plant Palette – Plant materials along scenic corridors should be consistent with the City’s Master Landscape Plan for Scenic Corridors (MSPSC).

C. Setbacks from Right-of-Way - The average minimum building setbacks from scenic highway rights-of-way should be 50 feet. In order to promote a variety of depth and visual relief for buildings adjacent to the highway, buildings up to 20 feet in height may be placed as close as 30 feet from the right-of-way, provided the 50-foot average setback is maintained for each project frontage. Within the above setbacks, a minimum 20 feet of permanent landscaping should be provided. Refer to Chapter 5 for required setbacks from scenic highways. a)
D. Wall Adjacent to Scenic Corridors - Masonry or stucco walls or view fences (e.g. wrought iron) should be used adjacent to scenic highways instead of wood fences. Designs should incorporate colors, materials, and finishes that blend with the surrounding environment. Wall standards are as follows:

1. Materials and general appearance are to be consistent on both sides of the street along the length of each scenic highway.

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

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

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

D. FUEL MODIFICATION
A fuel modification zone is a wide strip of land where flammable native vegetation is removed or thinned, and partially or totally replaced with drought tolerant, fire 382
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resistant plants. The many variables involved with fuel modification make precise regulations for general application infeasible. Therefore, each project must be reviewed for its particular needs. These guidelines may be modified in areas where unique conditions or biological resources exist, subject to review and approval of the Fire Marshall.

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

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

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

1. Plants must be primarily drought-tolerant and consist of non-invasive species.

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

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

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

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

Chapter 4, Implementation, includes a future update of plant lists in the City’s Design Guidelines for consistency with LUP policies, including a policy that calls for street trees in the coastal zone to emphasize California Native tree species. After this implementation project is completed, the updated plant lists in the City’s Design Guidelines should be used as a primary reference for plant selection. Plant species can vary from the Specific Plant species listed in the City’s Design 383
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Guidelines but must be consistent with the LUP.

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

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

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

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

Each year, the City Council adopts an update of the Capital Improvement Program (CIP) with a budget. The CIP includes public construction projects and purchases of land, equipment, and contract services. The City utilizes “master plans” to guide the development and maintenance of existing public infrastructure, as well as future capital improvements. The plans provide a foundation for the development of goals and priorities for public capital improvement projects. The list of master plans includes:
 Centennial General Plan
 Local Coastal Program
 Climate Action Plan
 Bicycle and Pedestrian Master Plan
 Master Plan for City Facilities
 Park & Recreation Master Plan
 Regional Circulation Financing and Phasing Program (RCFPP)  Street Improvement Program
 Water Master Plan
 Drainage Master Plan
 Wastewater (Sewer) Master Plan
 Water and Sewer Asset Management Plan
 Recycled Water Master Plan
 Urban Runoff Management Plan
Through a public review process, these plans are developed to provide goals and policies for achieving San Clemente’s vision. The plans guide growth and development, including decisions on the maintenance and development of public infrastructure. The plans demonstrate the City’s commitment to long-range capital improvement programming by focusing attention on the current and future needs of the community, while balancing the community’s needs with its available fiscal resources. The CIP Committee, 384
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consisting of members from all City departments, annually prepares and updates a capital improvement plan. Projects are reviewed by the CIP Committee to ensure that the City’s priorities are addressed and that staffing levels and funds are adequate to complete the projects. Capital Improvement Program projects are based on the following four categories:
 Replacement. Existing improvements that are deteriorated and need to be replaced and/or upgraded to continue to provide service and to meet current codes and regulations.
 Expansion. New improvements that are growth-related and funded through development fees. These improvements are identified in master plans and/or agreements, and funding sources are in place.
 Growth. New improvements based on projected development. These projects are “development dependent”, and the funding source is through future development fees and/or financing by developers.
 Economic Vitality and Diversity. This includes construction of improvements for promotion of economic vitality and diversity and to eliminate and prevent the spread of blight and deterioration in the City.

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

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

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

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

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

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

When public improvements are required to support a private development, benefiting property owners and/or developers shall reimburse the City for improvements that the City constructs and/or must maintain over time. Reimbursement shall occur through 385
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a reimbursement agreement or other mechanism deemed suitable by the City Council by resolution, such as impacts fees. Further guidance on development impact fees may be obtained by contacting staff of the Community Development and the Public Works Departments.

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

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

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

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

2. Applicability - This Section applies to single family residential lots in Sector D, Tract 11781.

3. Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Ordinance shall regulate (see Appendix B for the appropriate Zoning Ordinance Section).

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

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

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

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

Section 47. Forster Ranch Specific Plan, Sections 501(F, 7), 502(F, 9), 502(G, 15), 504(F, 12), and 505(F, 8), Fences, Walls, and Hedges, is amended in its entirety to read as follows:
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Pursuant to the Zoning Ordinance, fences, walls, and hedges serving the same purpose as a fence shall be no greater than 6 feet in height within required side and rear setback areas, and 3' - 6" in height within required front setback areas and exterior side setback areas abutting a street. The height may be increased where necessary for noise mitigation or retaining walls pursuant to Section 601, Minor Administrative Adjustments. Walls adjacent to scenic highways shall conform to Section 305 design standards. Where swimming pools are located, fences must comply with the City's safety standards for swimming pool fences. Refer to the Zoning Ordinance for retaining wall standards.

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

Standards Not Listed - Whenever a standard or regulation is not set forth in this Specific Plan, the Zoning Ordinance shall regulate (see Appendix B for the appropriate Zoning Ordinance Section).

Section 49. Forster Ranch Specific Plan, Section 502, 503, 504, 505, 506, 507, 508, 509, 510, and 511(A, 4), Land Uses Not Listed, is amended to read as follows:

In cases where it is not clear whether a proposed land use is permitted under this Section, refer to the Zoning Ordinance. If also not specifically addressed in the Zoning Ordinance, SCMC 17.04.040 governs.

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

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

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

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

Residential health care, community care, elderly care, or child day care facilities as identified in the California Health and Safety Code and Zoning Ordinance.

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

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

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

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

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