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ORDINANCE NO. 22-
AN ORDINANCE OF THE CITY COUNCIL OF SAN
CLEMENTE, CALIFORNIA AMENDING VARIOUS
PROVISIONS OF THE SAN CLEMENTE MUNICIPAL
CODE REGARDING RESIDENTIAL CARE FACILITIES
AND FINDING THE ACTION TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has limited local regulation of certain residential uses, including various types of state-regulated residential care facilities; and
WHEREAS, the ordinance (“Ordinance”) amends Titles 5 and 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations governing residential care facilities to create a streamlined approval process for these uses and comply with state law requirements; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections ATTACHMENT 6
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15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:
1. General Plan. This Ordinance’s amendments to Title 17 of the San Clemente Municipal Code are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with and effectuates Policy LU-1.01 by clarifying that residential care facilities are permitted in in accordance with state law. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will review state law requirements governing residential care facilities and process any necessary SCMC amendments to ensure compliance with the same.
2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the SCMC to comply with state law requirements governing residential care facilities.
Adoption of this Ordinance is also consistent with and contemplated by the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety, or welfare.
For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, or welfare.
SECTION 4. Code Amendment. The definition of “boarding house” in Section
17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to make this term one word (instead of two) that reads as follows: “boardinghouse.” All remaining provisions of this definition are unchanged by this Ordinance.
SECTION 5. Code Amendment. The definition for “residential care facility” in Section 17.88.030 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“Residential Care Facility” means an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled– nursing, as defined by California Health and Safety Code section 1250; a community care facility, as defined by California Health and Safety Code section 55452.09135\40769905.2
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1502; a residential care facility for the elderly, as defined by California Health and Safety Code section 1569.2; a residential care facility for persons with chronic lifethreatening illness, as defined by California Health and Safety Code section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code section 1760.2; a congregate living health facility, as defined by California Health and Safety Code section 1250; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code section 5116.”
SECTION 6. Code Amendment. The entry for “boarding housing” in Table
17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby amended to make this term one word (instead of two) that reads as follows:
“boardinghouse.”
SECTION 7. Code Amendment. A new note 22 is hereby added to the two rightmost columns within the row for “boardinghouse” in Table 17.32.030 of Section
17.32.030 of the San Clemente Municipal Code. The new note 22 shall read in its entirety as follows:
“22. But if the boardinghouse is a Residential Care Facility (as defined by Section 17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval).”
SECTION 8. Code Amendment. The entry for “boarding house” in Table
17.40.030 of Section 17.40.030 of the San Clemente Municipal Code is hereby amended to make this term on word (instead of two) that reads as follows:
“boardinghouse.”
SECTION 9. Code Amendment. A new footnote number 31 is hereby added to the rightmost column within the row for “boardinghouse” in Table 17.40.030 of Section 17.40.030 of the San Clemente Municipal Code. The new footnote 31 shall read in its entirety as follows:
“31. But if the boardinghouse is a Residential Care Facility (as defined by Section 17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval).”
SECTION 10. Code Amendment. Title 5 (Business Licenses and Regulations) of the San Clemente Municipal Code is hereby amended to add a new Chapter 5.38 (Residential Care Facility Boardinghouse – Streamlined Administrative Approval), to read in its entirety as follows:
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“Chapter 5.38 - Residential Care Facility Boardinghouse Streamlined Administrative Approval”
Section 5.38.010 – Streamlined Administrative Approval
A. Definitions. For purposes of this Section 5.38.010, the terms “boardinghouse” and “Residential Care Facility” have the same meaning as provided in Section 17.88.030.
B. Applicability. When required by state or federal law, a Residential Care Facility serving six or fewer persons is:
1. Exempt from this chapter; and
2. Considered a residential use of property and a single family for purposes of Title 17 of this Code.
C. License Required. A boardinghouse that is a Residential Care Facility and that is subject to this chapter requires an administrative operating license issued by the City to operate.
D. Streamlined Ministerial Approval. An application for an administrative operating license is subject only to streamlined administrative review and will be approved if it satisfies each of the following:
1. Maximum Occupancy. No more than two residents reside in each bedroom, not including the room or apartment designated for an onsite house manager.
2. Management. The operator provides an onsite house manager that resides full-time (year-round) in a room or apartment on the property.
3. Management Plan. The City has approved a property management plan for the facility that addresses each of the following: onsite management; maximum occupancy; quiet hours and permitted guest visitation hours; loitering, littering, and disturbing the peace; nuisance reduction; trash collection; smoking; resident pick-up and drop-off procedures; and discharge. City approval is required for any change.
4. Emergency and Security Plan. The City has approved an emergency and security plan that addresses each of the following:
security- and management-contact information; authority and responsibility of security staff; a map of the property; an overview of the property’s security features; security-feature testing schedule; overnight-parking policies and vehicle violationabatement procedures; emergency medical response protocols; 55452.09135\40769905.2
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emergency law enforcement response protocols; and daytime and nighttime security-monitoring procedures. City approval is required for any change.
E. Application Review.
1. Administration. The City may create any form, document, online portal, telephone hotline, or other method to facilitate streamlined administrative submittal of applications under this chapter.
2. Review; Timing; Issuance.
a. Applications are reviewed by the Community Development Director or the Director’s designee.
b. A written decision will be issued within 30 calendar days of the City’s receipt of a complete application. The decision will be sent to the applicant by first-class mail with return receipt requested.
c. An application will be approved and a license will be issued if the application fully complies with the provisions of this Chapter.
3. Appeals. Notwithstanding any other provision of this Code, the City’s decision is final unless appealed within 10 business days of the date that the applicant receives the decision in the mail. An appeal will be scheduled to be heard by a hearing officer within 30 calendar days from the date that the City receives the notice of appeal. The decision of the hearing office is final and will be mailed by first-class mail to the applicant with return receipt requested.
F. Modifications or Revocation.
1. An administrative operating license may be revoked when the application contained incorrect, false, or misleading information; or the operator violates the management plan or emergency and security plan; or if three or more nuisance citations are issued at the property within a 30-day period.
2. Before revoking an operating license, a good faith effort to meet and confer with the operator will be made to resolve any of issues identified in subsection (F)(1) above.
3. The operator will be notified of any revocation by first-class mail with return receipt requested. The operator may appeal the revocation in accordance with subsection (E)(3) above.
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SECTION 11. Code Amendment. Section 5.04.090 (Permits, etc. required for certain businesses) of the San Clemente Municipal Code is hereby amended to add a new subsection (E), to read in its entirety as follows:
“E. Unless it is exempt under Section 5.38.010(B), a boardinghouse that is a Residential Care Facility (as those terms are defined by Section 17.88.030) must obtain an operating license issued in accordance with Chapter 5.38.” SECTION 12. Code Amendment. The row for “Residential Care Facilities, when licensed to serve six or fewer persons” in Table 17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby deleted in its entirety.
SECTION 13. Publication. The City Clerk will certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.
SECTION 14. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
SECTION 15. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.
The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 16. Effective Date. This Ordinance takes effect 30 days after its adoption.
APPROVED AND ADOPTED this ____ day of _________ , 2022.
ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk Gene James, Mayor
APPROVED AS TO LEGAL FORM:
__________________________________
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Scott C. Smith, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
Joanne Baade, City Clerk
APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney