ATTACHMENT 7-PC REPORT.pdf — San Clemente City Council, December 6, 2022

AGENDA ITEM: 8-C

STAFF REPORT

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

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

BACKGROUND
In accordance with state law, the City’s Sixth Cycle Housing Element (covering 2021 – 2029) identifies various programs the City will pursue to promote opportunities for new housing for all economic levels and those with special needs. Included among these programs are the six zoning ordinances identified above. (see Sixth Cycle Housing Element, at p. HE-115 [Program 14: Zoning Ordinance Amendments]). 1 State law and SCMC section 17.16.040(B) require the Planning Commission to review and make a recommendation to the City Council on proposed zoning code amendments. 1 The City’s Sixth Cycle Housing Element is available at the following location:
https://www.san-clemente.org/home/showdocument?id=70397&t=637983195829368475 ATTACHMENT 7
Zoning Amendment 22-369 Page 2
For the reasons provided below, staffs’ recommendation is for the Planning Commission to recommend that the City Council adopt the attached ordinances. An overview of each ordinance is provided in the following section.

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

California density bonus law (Gov. Code § 65915 et seq.) requires a city to grant a developer, at the developer’s request, a density bonus and concessions or incentives for affordable housing projects. (Gov. Code, § 65915(b)(1)) A density bonus means an increase, by a certain percentage, of the number of housing units that may be built for the site (Gov. Code, § 65915(f)). A concession or incentive means a modification of zoning code standard for the site, such as reduced setbacks, a reduced parking requirement, or allowance of mixed-use zoning (Gov. Code, § 65915(k)). The degree of density bonus and number of concessions or incentives is based on the number of affordable units in the project (by percentage of all units in the project) and the level of affordability (i.e., for very low income, lower-income, moderate-income, senior housing, etc.).

The City’s regulations governing density bonuses and affordable housing incentives are provided in SCMC section 17.24.070. This code section was last amended via Ordinance No. 1652, which was adopted on May 15, 2018. The Legislature has repeatedly amended the state density bonus regulations since 2018.

Included in Attachment 1 is an ordinance that will amend SCMC section 17.24.070 by replacing the contents thereof with a provision that incorporates the state density bonus law by reference (the “Density Bonus Ordinance”). Upon adoption of this ordinance, SCMC section 17.24.070 will read as follows:
“Section 17.24.070 - Density Bonuses and Other Affordable Housing Incentives”

A. Purpose. The purpose of this Section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

B. Density Bonus and Affordable Housing Incentives. The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.” Incorporating state density bonus law by reference will ensure the SCMC remains current when future changes in state law occur. For these reasons, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the Density Bonus Ordinance.

Zoning Amendment 22-369 Page 3
Ordinance No. 2: Emergency Shelter Parking Requirements to Comply with AB 139.

On November 1, 2016, the City Council adopted Ordinance No. 1634, which amended SCMC Chapter 17.56 (Overlay Districts and Standards) to establish a new zoning overlay designation known as the “SB 2 Overlay” zone or district. As required by state law, the City allows emergency shelters within the SB 2 Overlay zone by right so long as each shelter complies with specified operational and development standards (collectively the “Emergency Shelter Standards”). State law defines an emergency shelter as “…housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person” (Health & Safety Code, § 50801(e); Gov. Code, § 65582(d)).

The City’s Emergency Shelter Standards are codified in SCMC section 17.56.100. Among other things, they require shelters to provide on-site parking at a ratio of not less than one vehicle space per five beds. Following Assembly Bill 139 (which was approved by the Governor on September 26, 2019), cities may require emergency shelters to provide sufficient on-site parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses in the same zone.

Included in Attachment 2 is an ordinance that amends the Emergency Shelter Standards by requiring shelters to provide parking at a ratio of not less than one space for every employee in the largest shift (the “Emergency Shelter Parking Ordinance”). Adopting this ordinance will align the Emergency Shelter Standards’ parking requirements with AB 139.

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

Ordinance No. 3: Accessory Dwelling Units and Junior Accessory Dwelling Units In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose limits on local authority to regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”). These bills include Assembly Bills 68 and 881 and Senate Bill 13—which went into effect on January 1, 2020.

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

Following the bills noted above, in 2020 and 2021 the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”) and Assembly Bill 345 (“AB 345”). Among other things, AB 3182, expanded the scenarios under which the City must allow certain ADUs and JADUs with only a building permit. AB 345 required cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26. Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer.

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

The City’s ADU and JADU regulations are codified in SCMC section 17.28.270. Included in Attachment 3 is an ordinance (“ADU Ordinance”) that amends section 17.28.270 to comply with AB 3182, AB 345, and SB 897. The ADU Ordinance also includes staffinitiated revisions intended to augment clarity for the benefit of staff and the general public. Lastly, within Attachment 3 is a redline (for reference purposes only) that shows the updated regulations against the City’s existing standards. Given the foregoing, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the ADU Ordinance.

Ordinance No. 4: Low Barrier Navigation Centers
In 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 (“AB 101”). Among other things, AB 101 requires cities to permit specified “Low Barrier 2 Both AB 2221 and SB 897 were signed into law, but AB 2221 has no effect because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later. AB 2221 was therefore “chaptered out.” But section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221. Ultimately, only SB 897 is effective and relevant. 3 Government Code, §§ 65852.2 (ADUs), 65852.22 (JADUs)
Zoning Amendment 22-369 Page 5
Navigation Centers” by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed. Under state law:
“Low Barrier Navigation Center” means a Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.” (Government Code section 65660(a)).

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

Adopting the LBNC Ordinance will align the SCMC with AB 101. For these reasons, staff is recommending that the Planning Commission consider and recommend that the City Council adopt the LBNC Ordinance.

Ordinance No. 5: Supportive and Transitional Housing
In recent years, the State of California has preempted local regulation of certain residential uses, including supportive and transitional housing. State law defines these uses as follows:
• “Supportive housing” as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (Government Code Section 65650(a)).

Zoning Amendment 22-369 Page 6
• “Transitional housing” as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance. (Government Code Sections 65582(j)).

Included as Attachment 5 is an ordinance that updates the SCMC to comply with state law requirements governing these uses (“Supportive and Transitional Housing Ordinance”). Specifically, the ordinance:
• Updates the zoning code’s definitions for “supportive housing” and “transitional housing” to match how those terms are defined under state law (above). • Specifies that “supportive housing” and “transitional housing” are considered residential uses of property and subject to those restrictions that apply to other residential dwellings of the same type and in the same zone. • Clarifies that “supportive housing” is a use by right in all zones where multifamily and mixed uses are permitted.

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

Ordinance No. 6: Residential Care Facilities
In recent years, the State of California has imposed certain limits on local regulation of state-regulated residential care facilities. In its comments on a prior draft of this Housing Element, the California Department of Housing and Community Development asked the City to consider ways to streamline approval of Residential Care Facilities (RCF) to prevent unnecessary obstacles to fair housing.

Included in Attachment 6 is an ordinance that amends Title 17 (Zoning) to update the City’s regulations to create a streamlined administrative approval process for residential care facilities (“RCF Ordinance”).

When required by state or federal law, facilities serving six or fewer will be exempt from the RCF Ordinance and considered a residential use of property and a single-family residential household use for purposes of Title 17 (Zoning).

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

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

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

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

1. Recommend City Council approval of the proposed ordinances;

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

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

RECOMMENDATION
Staff recommends that the Planning Commission:

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

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

2. Make the requisite CEQA findings set forth therein.

Zoning Amendment 22-369 Page 8
Attachments:

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

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

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

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

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

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

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

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

MUNICIPAL CODE REGARDING DENSITY BONUSES AND

OTHER AFFORDABLE HOUSING INCENTIVES AND

FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, California's Density Bonus Law (Gov. Code, § 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderateincome units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and
WHEREAS, Government Code Section 65915 requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law; and WHEREAS, Section 17.24.070 of the San Clemente Municipal Code ("SCMC") contains the City's regulations implementing State Density Bonus Law; and WHEREAS, SCMC section 17.24.070 was last amended via Ordinance No. 1652, which was adopted on May 15, 2018; and
WHEREAS, the ordinance ("Ordinance") attached as Exhibit "A" updates SCMC section 17 .24.070 to comply with changes in state law that have occurred since 2018; and WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

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

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical Attachment 1

Resolution No. PC 22-025 EXHIBIT A
Proposed Ordinance
Density Bonus Ordinance
55452.09135\40615195.1 -1-
ORDINANCE NO.22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING SECTION

17.24.070 OF THE SAN CLEMENTE MUNICIPAL

CODE REGARDING DENSITY BONUSES AND

OTHER AFFORDABLE HOUSING INCENTIVES

REQUIRED BY STATE LAW AND FINDING THE

ACTION TO BE EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, California’s Density Bonus Law (Gov. Code, § 65915 et seq.) encourages developers to build affordable housing (e.g., very low-, low- and moderateincome units) by requiring cities to grant a density bonus, concessions, incentives, and waivers of developments standards for projects that commit certain percentages of their units to affordable housing; and
WHEREAS, Government Code Section 65915 requires cities to adopt an ordinance specifying how the city will implement State Density Bonus Law; and WHEREAS, Section 17.24.070 of the San Clemente Municipal Code (“SCMC”) contains the City’s regulations implementing State Density Bonus Law; and WHEREAS, SCMC section 17.24.070 was last amended via Ordinance No. 1652, which was adopted on May 15, 2018; and
WHEREAS, the California Legislature frequently amends the State Density Bonus Law; and
WHEREAS, the City desires to remain in compliance with the requirements of State Density Bonus Law; and
WHEREAS, this ordinance (“Ordinance”) updates SCMC section 17.24.070 by replacing the contents thereof with a provision that incorporates the State Density Bonus Law by reference. As amended by this Ordinance, SCMC section 17.24.070 will provide that density bonuses and other affordable housing incentives required by State law (including but not limited to Government Code section 65915 et seq.) will be available to applicants on the terms and conditions specified in State law; and WHEREAS, incorporating the State Density Bonus Law by reference will ensure that the SCMC remains current whenever the Legislature amends the State Density Bonus Law; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

EXHIBIT A
55452.09135\40615195.1 -2-
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Moreover, the proposed action is also exempt under CEQA Guidelines Section 15305 as a minor alteration in land-use limitation, as the proposed action does not allow any more density than before; it merely incorporates California’s density-bonus statute and allowances by direct reference to the statute.

Lastly, the City Council finds that this Ordinance is also exempt under CEQA pursuant to Guidelines Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance.

SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to San Clemente Municipal Code section 17.24.070 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with—and effectuates—Policy LU-1.01 by ensuring that qualifying housing projects are afforded the requisite concessions, incentives, and density bonuses required under State law. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of Program 14 from the City’s Sixth Cycle Housing Element 55452.09135\40615195.1 -3-
“Housing Action Plan”—which, in relevant part, provides that the City will update its density bonus ordinance to comply with recent changes in State law.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must provide density bonuses and other affordable housing incentives required by state law. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Code Amendment. Section 17.24.070 of Title 17 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
“Section 17.24.070 - Density Bonuses and Other Affordable Housing Incentives
A. Purpose. The purpose of this Section is to allow density bonuses and other affordable housing incentives to qualifying projects in accordance with State law.

B. Density Bonus and Affordable Housing Incentives. The density bonuses and other affordable housing incentives required by State law, including, but not limited to, Government Code Section 65915 et seq., shall be available to applicants on the terms and conditions specified in State law.” SECTION 5. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 7. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
55452.09135\40615195.1 -4-
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _________ , 2022.

ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk Gene James, Mayor
APPROVED AS TO FORM:
__________________________
Scott Smith, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

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
RESOLUTION NO. PC 22-026

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

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

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

EMERGENCY SHELTERS AND FINDING THE ORDINANCE

NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)
WHEREAS, on November 1, 2016, the City Council of the City of San Clemente ("City") adopted Ordinance No. 1634; and
WHEREAS, Ordinance No. 1634 amended Chapter 17.56 (Overlay Districts and Standards) of the San Clemente Municipal Code ("SCMC") to establish a new zoning overlay designation known as the "SB 2 Overlay" zone or district (hereafter referred to as the "SB 2 Overlay Zone"); and
WHEREAS, in accordance with California Senate Bill 2, the City allows emergency shelters within the SB 2 Overlay Zone by right so long as each shelter complies with specified operational and development standards (collectively the "Emergency Shelter Standards"); and
WHEREAS, the Emergency Shelter Standards are codified in SCMC section 17 .56.100. Among other things, they require shelters to provide on-site parking at a ratio of not less than one vehicle space per five beds; and
WHEREAS, on September 26, 2019, the Governor approved California Assembly Bill 139, entitled the "Emergency and Transitional Housing Act of 2019" ("AB 139"); and WHEREAS, following AB 139, cities may require emergency shelters to provide sufficient on-site parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses in the same zone; and WHEREAS, the City's draft Sixth Cycle Housing Element (covering 2021 - 2029) provides that the City will amend the Emergency Shelter Standards to establish on-site parking requirements based on staffing level only. The proposed ordinance ("Ordinance") so amends the Emergency Shelter Standards; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

Attachment 2

Resolution No. PC 22-026 EXHIBIT A
Proposed Ordinance
Emergency Shelter Parking
55600.00100\40658363.3
-1-
ORDINANCE NO.22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING SECTION

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

REGARDING PARKING REQUIREMENTS FOR

EMERGENCY SHELTERS AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, on November 1, 2016, the City Council of the City of San Clemente (“City”) adopted Ordinance No. 1634; and
WHEREAS, Ordinance No. 1634 amended Chapter 17.56 (Overlay Districts and Standards) of the San Clemente Municipal Code (“SCMC”) to establish a new zoning overlay designation known as the “SB 2 Overlay” zone or district (hereafter referred to as the “SB 2 Overlay Zone”); and
WHEREAS, in accordance with California Senate Bill 2, the City allows emergency shelters within the SB 2 Overlay Zone by right so long as each shelter complies with specified operational and development standards (collectively the “Emergency Shelter Standards”); and
WHEREAS, the Emergency Shelter Standards are codified in SCMC Section

17.56.100. Among other things, they require shelters to provide on-site parking at a ratio of not less than one vehicle space per five beds; and
WHEREAS, on September 26, 2019, the Governor approved California Assembly Bill 139, entitled the “Emergency and Transitional Housing Act of 2019” (“AB 139”); and WHEREAS, following AB 139, cities may require emergency shelters to provide sufficient on-site parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses in the same zone; and WHEREAS, the City’s draft Sixth Cycle Housing Element (covering 2021 – 2029) provides that the City will amend the Emergency Shelter Standards to establish on-site parking requirements based on staffing level only. This ordinance (the “Ordinance) so amends the Emergency Shelter Standards; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

EXHIBIT A
55600.00100\40658363.3
-2-
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely adjusts the on-site parking requirements for emergency shelters to comply with recent changes in State law. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply updates the on-site parking requirements for emergency shelters to comply with State law. The Ordinance will not result in any development or in any new activity with the potential to impact the environment.

SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to San Clemente Municipal Code Section 17.56.100 are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with—and effectuates—Policy LU-1.01 by accommodating the development of emergency shelters through reducing the required on-site parking for this use (previously, the on-site parking requirement was one space for every five beds; it’s now based solely on each shelter’s specific staffing needs). 55600.00100\40658363.3
-3-
Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will amend the SB 2 Overlay Zone’s parking requirements to comply with AB 139.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing on-site parking requirements for emergency shelters. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Code Amendment. Subsection (D)(5) of Section 17.56.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows (additions shown in underline and deletions shown in strikethrough):
“Parking. Subject to Government Code Section 65583(a)(4)(A)(ii), on-site parking shall be supplied at a ratio of not less than one space for every employee in the largest shift. On-site parking shall be supplied at a ratio of not less than one vehicle space per five beds. Parking spaces shall be designed to meet City standards. Enclosed, secure bicycle parking shall be provided on-site at the ratio of not less than one bicycle parking space per ten beds.”
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 6. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 7. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

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

SECTION 8. Effective Date. This Ordinance shall become effective 30 days after its adoption.
55600.00100\40658363.3
-4-
APPROVED AND ADOPTED this ____ day of _________ , 2022.

ATTEST:
_______________________________ __________________________ Joanne, Baade, City Clerk Gene James, Mayor
APPROVED AS TO LEGAL FORM:
__________________________________
Scott C. Smith, City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

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

MUNICIPAL CODE GOVERNING ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO

COMPLY WITH CHANGES IN STATE LAW AND FINDING

THE ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills ("2019 ADU Laws") that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 ("AB 3182"); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 ("AB 345"); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Assembly Bill 2221 and Senate Bill 897 ("AB 2221" and "SB 897," respectively); and
WHEREAS, AB 2221 and SB 897 imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and WHEREAS, the City's regulations governing ADUs and JADUs are provided in Section 17.28.270 of the San Clemente Municipal Code ("SCMC"); and Attachment 3

Resolution No. PC 22-027 EXHIBIT A
Proposed Ordinance
Accessory Dwelling Unit and Junior Accessory Dwelling Unit 55452.09135\40582322.2
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA AMENDING SECTION 17.28.270 OF THE

SAN CLEMENTE MUNICIPAL CODE GOVERNING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO

COMPLY WITH CHANGES IN STATE LAW AND FINDING THE ACTION

TO BE EXEMPT FROM CEQA (CEQA)
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Planning and Zoning Law authorizes local agencies to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor signed into law a number of bills (“2019 ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in September 2020, the California Legislature approved, and the Governor signed into law, Assembly Bill 3182 (“AB 3182”); and WHEREAS, AB 3182, among other things, amended Government Code section 65852.2 to expand the scenarios under which the City must allow certain ADUs and JADUs with only a building permit; and
WHEREAS, in September 2021, the California Legislature approved, and the Governor signed into law, Assembly Bill 345 (“AB 345”); and WHEREAS, AB 345 requires cities to allow the separate sale or conveyance of certain ADUs that satisfy the conditions set forth in Government Code section 65852.26.

Such conditions include, among other things, that the ADU or the primary dwelling was constructed by a qualified nonprofit and the ADU is sold to a qualified low-income buyer; and
WHEREAS, in September 2022, the Legislature approved, and the Governor signed into law, Assembly Bill 2221 and Senate Bill 897 (“AB 2221” and “SB 897,” respectively); and
WHEREAS, AB 2221 and SB 897 imposed further restrictions on local authority to regulate ADUs and JADUs, including with respect to height limits, setbacks, application review and denial procedures, unpermitted structures, and JADU configurations; and

EXHIBIT A
55452.09135\40582322.2
Ordinance No. 22-

Page 2 ends

2 WHEREAS, the City’s regulations governing ADUs and JADUs are provided in Section 17.28.270 of the San Clemente Municipal Code (“SCMC”); and WHEREAS, the City last updated SCMC Section 17.28.270 via Ordinance No. 1707, which was adopted on February 2, 2021; and
WHEREAS, additional amendments to SCMC Section 17.28.270 are necessary to comply with the above legislation and HCD’s guidance on the same. This ordinance (“Ordinance”) so updates SCMC Section 17.28.270; and
WHEREAS, on October 21, 2022, the City gave public notice of a Planning Commission public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on November 2, 2022, the Planning Commission held a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning this Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 23, 2022 the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

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

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

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

Page 3 ends

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

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

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the construction of ADUs and JADUs in the City. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

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

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

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

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

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

Section 9. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and 55452.09135\40582322.2
Ordinance No. 22-

Page 4 ends

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

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

GENE JAMES, MAYOR
ATTEST:

JOANNE BAADE

CITY CLERK
APPROVED AS TO FORM:

SCOTT C. SMITH

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

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

Page 5 ends

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

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

JOANNE BAADE

CITY CLERK
55452.09135\40581161.3

Page 1 of 10 ends

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

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

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

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

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

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

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

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

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

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

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

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

Page 2 of 10 ends

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

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

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

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

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

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

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

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

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

Page 3 of 10 ends

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

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

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

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

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

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

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

Page 6 of 10 ends

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

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

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

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

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

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

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

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

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

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

Page 8 of 10 ends

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

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

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

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

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

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

Page 9 of 10 ends

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

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

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

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

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

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

Page 10 of 10 ends

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

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

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

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

Page 1 of 813 ends

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

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

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

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

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

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

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

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

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

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

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

FOR REFERENCE PURPOSES ONLY
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iii. Food storage cabinets that total at least 30 square feet of shelf space.

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

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

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

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

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

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

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

D. D.Permit Procedures.

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

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

Page 3 of 813 ends

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

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

Page 4 of 813 ends

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

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

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

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

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

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

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

2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

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

Page 7 of 813 ends

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

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

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

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

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

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

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

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

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

2. 2. Parking.
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Page 9 of 813 ends

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

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

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

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

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

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

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

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

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

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

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

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

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RESOLUTION NO. PC 22-028

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF THE

SAN CLEMENTE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING LOW

BARRIER NAVIGATION CENTERS AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 ("AB 101 "); and
WHEREAS, AB 101 added Article 12 to Chapter 3 of the California Government Code (commencing with section 65660). Among other things, AB 101 requires cities to permit specified Low Barrier Navigation Centers ("LBNCs") by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed; and WHEREAS, the ordinance attached as Exhibit "A" (the "Ordinance") amends Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations to comply with AB 101; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the .adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Attachment 4

Resolution No. PC 22-028 EXHIBIT A
Proposed Ordinance
Low Barrier Navigation Centers
55452.01100\40684760.2
1 ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA AMENDING VARIOUS

PROVISIONS OF THE SAN CLEMENTE MUNICIPAL CODE

TO ENSURE CONSISTENCY WITH STATE LAW

REGARDING LOW BARRIER NAVIGATION CENTERS

AND FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 (“AB 101”); and
WHEREAS, AB 101 added Article 12 to Chapter 3 of the California Government Code (commencing with section 65660). Among other things, AB 101 requires cities to permit specified Low Barrier Navigation Centers (“LBNCs”) by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed; and WHEREAS, the ordinance amends Title 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations to comply with AB 101; and WHEREAS, on November 2, 2022, the Planning Commission of the City of San Clemente held a duly noticed public hearing on this ordinance, at which time it considered all evidence presented, both oral and written. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the ordinance, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred.

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

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

EXHIBIT A
55452.01100\40684760.2
2 CEQA. The City Council finds that adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
Required Findings. In accordance with subsection (F) of San Clemente Municipal Code Section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This ordinance’s amendments to Title 17 of the San Clemente Municipal Code are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This ordinance is consistent with—and effectuates—Policy LU-1.01 by clarifying that LBNCs are permitted by right in specified areas of the City in accordance with state law. Furthermore, this ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will amend the Municipal Code to update its LBNC regulations to comply with AB 101.

2. Health, Safety, and Welfare. Adoption of this ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San Clemente Municipal Code to comply with state law requirements governing the instances where the City must allow LBNCs. The operational requirements provided in subsection (C) of Section 17.28.345 will protect the health, safety, and welfare of LBNC residents and surrounding uses by ensuring LBNCs satisfy the statutory onsite and operational requirements provided in Government Code section 65660 et seq. as well as specified objective local standards (e.g., ensuring qualified LBNC personnel are onsite, ensuring the number of beds is commensurate with the floor area utilized for sleeping purposes etc.). Adoption of this ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this ordinance will not adversely affect the public health, safety, and welfare.

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

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

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

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

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

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

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

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

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

E. Sunset.

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

2. If the Legislature amends Government Code section 65668 to extend the effective date of Government Code section 65660 et seq., then this section shall remain in effect until the date on which Government Code section 65660 et seq. is repealed.”
Certification. The city clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

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

Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

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

APPROVED AND ADOPTED this _____ day of _____, 2022.

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

APPROVED AS TO LEGAL FORM
_______________________________
City Attorney

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of __________ __, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of __________, 2022, and said ordinance was adopted by the following vote:

AYES:

NOES:
55452.01100\40684760.2
6 ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of __________, 2022. __________________________
CITY CLERK of the City of
San Clemente, California
RESOLUTION NO. PC 22-029

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF

THE SAN CLEMENTE MUNICIPAL CODE TO ENSURE

CONSISTENCY WITH STATE LAW REGARDING

SUPPORTIVE AND TRANSITIONAL HOUSING AND

FINDING THE ACTION TO BE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, in recent years, the State of California has preempted local regulation of certain residential uses, including supportive housing and transitional housing; and WHEREAS, state law defines "supportive housing" as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community; and
WHEREAS, state law defines "transitional housing" as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance; and
WHEREAS, state law requires cities to permit supportive housing as a use by right in zones where multifamily and mixed-uses are permitted if the proposed housing development meets specified statutory requirements (e.g., development size, affordability restrictions, specified percentage of floor area devoted to onsite supportive services); and WHEREAS, state law also requires cities to treat transitional housing and supportive housing as residential uses subject to the restrictions that apply to other residential dwellings of the same type in the same zone; and WHEREAS, the ordinance ("Ordinance") attached hereto as Exhibit "A" amends Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations governing supportive and transitional housing to comply with the above state law requirements; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

Attachment 5

Resolution No. PC 22-029 EXHIBIT A
Proposed Ordinance
Supportive and Transitional Housing
55452.09135\40684288.1
-1-
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING VARIOUS

PROVISIONS OF THE SAN CLEMENTE

MUNICIPAL CODE TO ENSURE CONSISTENCY

WITH STATE LAW REGARDING SUPPORTIVE

AND TRANSITIONAL HOUSING AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has preempted local regulation of certain residential uses, including supportive housing and transitional housing; and WHEREAS, state law defines “supportive housing” as housing with no limit on length of stay, that is occupied by homeless individuals or families, and that is linked to onsite or offsite services that assist the resident(s) in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community; and
WHEREAS, state law defines “transitional housing” as buildings configured as rental housing developments that are operated under program requirements requiring the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that is no less than six months from the beginning of the assistance; and
WHEREAS, state law requires cities to permit supportive housing as a use by right in zones where multifamily and mixed-uses are permitted if the proposed housing development meets specified statutory requirements (e.g., development size, affordability restrictions, specified percentage of floor area devoted to onsite supportive services); and WHEREAS, state law also requires cities to treat transitional housing and supportive housing as residential uses subject to the restrictions that apply to other residential dwellings of the same type in the same zone; and WHEREAS, the ordinance (“Ordinance”) amends Title 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations governing supportive and transitional housing to comply with the above state law requirements; and WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and

EXHIBIT A
55452.09135\40684288.1
-2-
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to Title 17 of the San Clemente Municipal Code are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with—and effectuates—Policy LU-1.01 by clarifying that supportive housing and transitional housing are permitted by right in specified areas of the City in accordance with State law. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will amend the Municipal Code to comply with recent changes in State housing laws.

2. Health, Safety, and Welfare. Adoption of the Ordinance will not adversely affect the public health, safety, and welfare as it simply updates the San 55452.09135\40684288.1
-3-
Clemente Municipal Code to comply with state law requirements governing the instances where the City must permit supportive and transitional housing. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

SECTION 4. Code Amendment. The definition for “supportive housing” provided in Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“Supportive housing" has the same meaning as in California Government Code Section 65650(a), as that section is amended from time to time.as defined by Government Code Sections 65582(g). Supportive housing may take various forms. See, e.g., "Single housekeeping unit," and "Short-term lodging unit," "Boarding house."
SECTION 5. Code Amendment. The definition for “transitional housing” provided in Section 17.88.030 (Definitions) of the San Clemente Municipal Code is hereby amended to read as follows (additions shown in underline and deletions shown in strikethrough):
“Transitional housing” as defined by has the same meaning as in California Government Code Sections 65582(j)(i). Transitional housing may take various forms. See, e.g., "Single housekeeping unit" and "Boarding house." SECTION 6. Code Amendment. Section 17.28.340 is hereby added to Chapter

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

B. Transitional housing and supportive housing are each considered a residential use of property and are subject to those restrictions that apply to other residential dwellings of the same type in the same zone, in accordance with Government Code Section 65583, subdivision (c)(3).” SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for 55452.09135\40684288.1
-4-
and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 8. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

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

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

APPROVED AND ADOPTED this ____ day of _________ , 2022.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

NOES:

ABSENT:

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING

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

MUNICIPAL CODE REGARDING RESIDENTIAL CARE

FACILITIES AND FINDING THE ACTION TO BE EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of San Clemente ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has limited local regulation of certain residential uses, including various types of state-regulated residential care facilities; and
WHEREAS, the ordinance attached hereto as Exhibit "A" ("Ordinance") amend Title 17 of the San Clemente Municipal Code ("SCMC") to update the City's regulations governing residential care facilities to create a streamlined approval process for these uses and comply with state law requirements; and WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance; and
WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all appropriate information that has been submitted with the Ordinance.

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

SECTION 2. CEQA. The Planning Commission finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines,§ 15061(b)(3).)
Attachment 6

Resolution No. PC 22-030 EXHIBIT A
Proposed Ordinance
Residential Care Facility
55452.09135\40769905.2
-1-
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF SAN

CLEMENTE, CALIFORNIA AMENDING VARIOUS

PROVISIONS OF THE SAN CLEMENTE MUNICIPAL

CODE REGARDING RESIDENTIAL CARE FACILITIES

AND FINDING THE ACTION TO BE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
WHEREAS, the City of San Clemente (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in recent years, the State of California has limited local regulation of certain residential uses, including various types of state-regulated residential care facilities; and
WHEREAS, the ordinance (“Ordinance”) amends Titles 5 and 17 of the San Clemente Municipal Code (“SCMC”) to update the City’s regulations governing residential care facilities to create a streamlined approval process for these uses and comply with state law requirements; and
WHEREAS, on November 2, 2022, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 23, 2022, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 55452.09135\40769905.2
-2-
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
SECTION 3. Required Findings. In accordance with subsection (F) of San Clemente Municipal Code section 17.16.040, the City Council hereby makes the following findings:

1. General Plan. This Ordinance’s amendments to Title 17 of the San Clemente Municipal Code are consistent with the City’s adopted General Plan. Specifically, Land Use Element Policy LU-1.01 provides that the City should accommodate the development of a variety of housing types, styles and densities. This Ordinance is consistent with and effectuates Policy LU-1.01 by clarifying that residential care facilities are permitted in in accordance with state law. Furthermore, this Ordinance is consistent with, and in furtherance of, the General Plan as it implements a component of the City’s Sixth Cycle Housing Element—which, in relevant part, provides that the City will review state law requirements governing residential care facilities and process any necessary SCMC amendments to ensure compliance with the same.

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

Adoption of this Ordinance is also consistent with and contemplated by the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety, or welfare.

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

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

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

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

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

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

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

SECTION 13. Publication. The City Clerk will certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

SECTION 14. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 15. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

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

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

APPROVED AND ADOPTED this ____ day of _________ , 2022.

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

AYES:

NOES:

ABSENT:

San Clemente City CouncilDecember 6, 2022

San Clemente City Council
December 6, 2022