San Clemente City Council
March 21, 2023

Agenda
3-21-23.PDF
Meeting Materials
CLOSED SESSION A - COMPLAINT PUBLIC DOCUMENT.PDF
1D - 2023 WYLAND NATIONALS MAYORS CHALLENGE FOR WATER
CONSERVATION.PDF
6A(1) - CITY COUNCIL REGULAR MEETING MINUTES 3.7.23.PDF 6B(1) - PLANNING COMMISSION REGULAR MEETING MINUTES 3.8.23.PDF 6C(1) - CERTIFICATION OF WARRANTS 3.3.23.PDF
6C(2) - CERTIFICATION OF WARRANTS 3.10.23.PDF
6D - NOTICE OF COMPLETION TREE AND PALM PLANTING ON CALLE DEL CERRO AND AENIDA VISTA MONTANA.PDF
6E - ORDINANCE 1749 (SECOND READING) - CITY MANAGER AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.PDF
6F - CONTRACT AMENDMENT-AVENIDA PICO CLASS 1 BIKE PEDESTRIAN PATH PHASE 1 AND AVENIDA PICO WIDENING I-5 TO FRONTERA.PDF 6I - 2022 GENERAL PLAN ANNUAL PROGRESS REPORT.PDF
6G - NOTICE OF COMPLETION FY 2023 PAVEMENT PRESERVATION PROGRAM.PDF
6H - FINANCIAL ASSITANCE APPLICATION TO THE STATE WATER

RESOURCES CONTROL BOARD FOR THE WATER RECYCLING FUNDING PROGRAM.PDF
6I - 2022 GENERAL PLAN ANNUAL PROGRESS REPORT.PDF
6J - GRANT FUNDING APPLICATION TO THE BUREAU OF RECLAMATIONS

WATERSMART WATER RECYCLING AND DESALINATION PLANNING
PROGRAM.PDF
6K - CONTRACT AMENDMENT - ON-CALL GRANT FUNDING.PDF
6L - CONTRACT AMENDMENT - AS-NEEDED BUILDING PLAN CHECK SERVICES.PDF
6M - CONTRACT AWARD - ADVANCED MAINTENANCE AND SUPPORT FOR PERMITTING AND LICENSING SOFTWARE.PDF
6N - ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2023.PDF 7A - CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112.PDF
8A - CONTRACT AWARD - LEGISLATIVE ADVOCACY SERVICES.PDF 9A - UPDATE TO POLICY AND PROCEDURE 1201-11.PDF
9B - YOUTH SPORT PARTNERSHIP AGREEMENT RENEWALS.PDF
9C - APPOINTMENT OF BURKE, WILLIAMS AND SORENSEN TO PROVIDE CITY ATTORNEY SERVICES TO THE CITY OF SAN CLEMENTE.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
Tuesday, March 21, 2023
City Council
Regular Meeting Agenda
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

City Council Regular Meeting Agenda March 21, 2023

CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of Cases: 2
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Fr. Benjamin Tran, Our Lady Fatima Catholic Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. FEBRUARY UPDATE ON THE HOMELESS ISSUE
B. PRESENTATION OF PROCLAMATION - AMERICAN RED CROSS MONTH Presentation of Proclamation to the American Red Cross proclaiming March as American Red Cross month.

C. PRESENTATION OF COMMENDATION - SAN CLEMENTE HIGH

SCHOOL BOYS VARSITY SOCCER TEAM
Presentation of Commendation to the San Clemente High School Boys Varsity Soccer Team in honor of winning the CIF Title.

D. 2023 WYLAND NATIONAL MAYOR’S CHALLENGE FOR WATER

CONSERVATION
Staff Recommendation
Approve, and authorize the Mayor or his designee to sign the online letter of support for, and the City's participation in, the National Mayor's Challenge.

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

City Council Regular Meeting Agenda March 21, 2023

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

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

5. Closed Session Report - City Attorney

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 7, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 8, 2023.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2810 THROUGH 2813 AND WARRANT NOS.
586714 THROUGH 586892, PAID ON
3-3-23, IN THE AMOUNT OF $4,565,865.58
(2) APPROVE WIRE TRANSFER NOS.
2814 THROUGH 2817 AND WARRANT NOS.
586893 THROUGH 587004, PAID ON
3-10-23, IN THE AMOUNT OF $2,671,864.29
TOTAL WARRANT REGISTER $7,237,729.87
Payroll Register
WARRANT NO. 899, AUTOMATIC DEPOSIT
ADVISES 84321 THROUGH 84610, FOR
THE PERIOD 2-20-23 THROUGH 3-5-23,
PAID ON 3-10-22, IN THE AMOUNT OF $448,178.19
TOTAL PAYROLL REGISTER $448,178.19
City Council Regular Meeting Agenda March 21, 2023

D. NOTICE OF COMPLETION - TREE AND PALM PLANTING ON CALLE DEL

CERRO AND AVENIDA VISTA MONTANA
Staff Recommendation

1. Accept the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montanta, from the contractor, Marina Landscape, Inc., Project No. 12306.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montana.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Maintenance Services Division that no liens have been levied against the contractor, Marina Landscape, Inc.

4. Authorize the City Clerk to release the Performance Bond.

E. ORDINANCE 1749 (SECOND READING) - CITY MANAGER AUTHORITY TO

DISPOSE OF CLAIMS AGAINST THE CITY
Staff Recommendation
Adopt Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE

CITY MANAGER'S AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.

F. CONTRACT AMENDMENT - AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN PATH PHASE 1, AND AVENIDA PICO WIDENING I-5 TO FRONTERA Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C20-69, by and between the City of San Clemente and Stantec, providing for additional evaluation and design services for the Avenida Pico Class 1 Bike/Pedestrian Path and Class 2 Bike Lane. This amendment increases the contract amount from $367,403 to $383,903 (an increase of $16,500) and extends the contract term to December 31, 2023.

City Council Regular Meeting Agenda March 21, 2023

G. NOTICE OF COMPLETION - FY 2023 PAVEMENT PRESERVATION

PROGRAM
Staff Recommendation

1. Accept the FY 2023 Pavement Preservation Program from the contractor, Palp Inc. DBA Excel Paving Company, CIP Project No. 23303.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2023 Pavement Preservation Program.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Palp, Inc. DBA Excel Paving Company.

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

H. FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER

RESOURCES CONTROL BOARD FOR THE WATER RECYCLING FUNDING

PROGRAM
Staff Recommendation
Adopt Resolution No. 23-08 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING A

FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER

RESOURCES CONTROL BOARD FOR THE RECYCLED WATER QUALITY

IMPROVEMENT PROJECT AT THE CITY OF SAN CLEMENTES WATER
RECLAMATION PLANT.

I. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
Staff Recommendation

1. Adopt Resolution No. 23-06 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE GENERAL PLAN 2022 ANNUAL PROGRESS REPORT.

2. Direct staff to submit the 2022 Annual Progress Report to the State as required by law.

City Council Regular Meeting Agenda March 21, 2023

J. GRANT FUNDING APPLICATION TO THE BUREAU OF RECLAMATION’S

WATERSMART WATER RECYCLING AND DESALINATION PLANNING

PROGRAM
Staff Recommendation
Adopt Resolution No. 23-07 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

APPLICATION FOR GRANT FUNDING BY THE BUREAU OF

RECLAMATION'S WATERSMART WATER RECYCLING AND DESALINATION

PLANNING PROGRAM FOR THE RECYCLED WATER EXPANSION
PROJECT- PLANNING PHASE.

K. CONTRACT AMENDMENT - “ON-CALL GRANT FUNDING ASSISTANCE”

CONSULTING SERVICES
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Amendment No. 1 to Contract No. AC-1090, by and between the City of San Clemente and Engineering Solutions Services, providing for On-Call Grant Funding Assistance consulting services. This amendment increases the contract amount from $48,000 to $98,000 (an increase of $50,000).

L. CONTRACT AMENDMENT - AS-NEEDED BUILDING PLAN CHECK

SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 6 to Contract AC-826, by and between the City of San Clemente and West Coast Code Consultants, providing as-needed plan check services. This amendment increases the contract amount from $385,000 to $485,000 (an increase of $100,000).

M. CONTRACT AWARD - ADVANCED MAINTENANCE AND SUPPORT FOR

PERMITTING AND LICENSING SOFTWARE
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C23-12, by and between the City of San Clemente and ClientFirst Technology Consulting, providing for Permitting and Licensing System Advanced Maintenance and Support Services, in an amount not to exceed $24,500.

City Council Regular Meeting Agenda March 21, 2023

N. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2023
Staff Recommendation
Adopting Resolution No. 23-09 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTIONS 39561 AND 39562 OF THE CALIFORNIA GOVERNMENT CODE

DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT UPON STREETS,

SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC
NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.

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

A. CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Continued Public Hearing to consider a resident initiated appeal of the Public Works Director's revocation of Administrative Encroachment Permit E22-0112 ("Permit") for the Conley Residential Landscape Improvements located in the street right of way of Via Manzana and Paseo Activo.

Staff Recommendation
Affirm the decision of the Public Works Director/City Engineer revoking Administrative Encroachment Permit E22-0112.

8. Unfinished Business
A. CONTRACT AWARD - LEGISLATIVE ADVOCACY SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract No. C23-13, by and between the City of San Clemente and Aprea & Micheli, providing for Legislative Advocacy Services, in the amount of $300 per hour for the contract term of April 1, 2023 to March 31, 2025.

City Council Regular Meeting Agenda March 21, 2023

9. New Business
A. POLICY AND PROCEDURE 1201-11 - CITY COUNCIL MEETING AND

OPERATING PROCEDURES (PROPOSED UPDATE PURSUANT TO
COUNCIL’S DIRECTION OF FEBRUARY 21, 2023, AND AN UPDATE TO

THE CITY COUNCIL TRAVEL POLICIES TO IMPROVE COUNCIL

COMMUNICATION AND PUBLIC TRANSPARENCY
(Agendized at the February 21, 2023 City Council meeting by Mayor Duncan, with the support of Councilmember James and Mayor Pro Tem Knoblock.) Staff Recommendation
Adopt revised Policy and Procedure 1201-11 (City Council Meeting and Operating Procedures), effective March 21, 2023.

B. YOUTH SPORT PARTNERSHIP AGREEMENT RENEWALS
Staff and the Beaches, Parks & Recreation Commission Recommendation

1. Approve Platinum Partnership status to American Youth Soccer Organization Region 111, San Clemente Little League, and South Coast Youth Football each with a one-year agreement.

2. Approve Platinum Partnership status to San Clemente Girls Softball for the spring 2023 season with an option to extend for up to one-year if residency requirements are met.

3. Approve Gold Partnership status to Elite Soccer League with a one-year agreement.

4. Authorize the Beaches, Parks & Recreation Director to execute the sport partnership agreements for each organization.

C. APPOINTMENT OF BURKE, WILLIAMS AND SORENSEN TO PROVIDE CITY

ATTORNEY SERVICES TO THE CITY OF SAN CLEMENTE
Staff Recommendation

1. Approve, and authorize the City Manager to execute, Contract No. C23-14, by and between the City of San Clemente and Burke, Williams and Sorensen LLP, providing for legal services for the City of San Clemente.

2. Approve, and authorize the City Manager to administer an immediate work transition between Best, Best and Krieger and Burke, Williams and Sorensen LLP and to present a longer term transition plan to the City Council at a future date.

City Council Regular Meeting Agenda March 21, 2023

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

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

12. Adjournment
The next Regular Council Meeting is scheduled to take place on April 4, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

City Council Regular Meeting Agenda March 21, 2023

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

RUTH MARTIN,
Plaintiff,
v.

CITY OF SAN CLEMENTE, DOES 1
through 50, Inclusive
Defendants.

Case No.

Hon.

Courtroom

UNLIMITED JURISDICTION
COMPLAINT FOR:

1. Private Nuisance, Health and Safety
Code Section 46000 et seq.

2. Public Nuisance

3. Failure to Notice Conversion of
Tennis Courts into Pickleball Courts

4. Violation of CEQA

5. Injunction
Date Action Filed: - --, 202X

1. Plaintiff, Ruth Martin (“Plaintiff”), alleges against Defendant(s), and each of them, as follows:
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2 Complaint for Nuisance

INTRODUCTION

2. Plaintiff files this Complaint as a result of the acts and/or omissions of Defendant City of San Clemente (“City” or “Defendant”), as set-forth herein, concerning a nuisance created at, and on, Defendant’s property.

3. Plaintiff is a resident of the City of San Clemente, which includes a home located on Via San Gorgonio in the City of San Clemente, California, 92672 (the home and all of which property is referred to herein as the “Property”).

4. The City of San Clemente is the sole owner of San Gorgonio Park, which park is located across the street from Plaintiff’s Property. San Gorgonio Park is often referred to by the name SanG.

5. San Gorgonio Park was created sometime after the City acquired the real property on which San Gorgonio Park is situated in the late 1970’s from the state of California.

6. Plaintiff’s Property is within 40 feet of San Gorgonio Park and in close proximity, approximately 350 feet, to the eight pickleball courts currently located within San Gorgonio Park.

7. Plaintiff has misophonia, a condition which is triggered by repeated sounds including, but not limited to, the noise from pickleball play.

8. Defendant’s acts and/or omissions include, but are not limited to, nuisances resulting from noise from pickleball at San Gorgornio Park as well as from crowds that create crowd noise at the courts and while walking on Via San Gorgonio which occurs partly because there are no sidewalks in the vicinity of San Gorgonio Park with pedestrians being forced to walk on the street.

9. Each of the nuisances complained of, and described herein, affect many residents and owners of properties in the neighborhood surrounding San Gorgonio Park and create a disturbance and nuisance at or near their properties.

10. These interferences are substantial, unreasonable, offensive, and inconvenient to the neighbors of San Gorgonio Park.
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3 Complaint for Nuisance
 History of San Gorgonio Park and Pickleball Issues

11. The San Gorgonio Community Park is located at 2916 Via San Gorgonio, San Clemente, California. It is owned and operated by Defendant the City of San Clemente.

12. Upon information and belief, San Gorgonio Park was built on or around 1979. Prior to being built, the land was undeveloped.

13. Upon information and belief, for more than 60 years, pickleball courts were not located within San Gorgonio Park.

14. Upon information and belief, two tennis courts were converted by the City into eight pickleball courts with 4 players per court during the years of 2018 to 2021.

15. Upon information and belief, four to eight tennis players (dependent upon whether the tennis players were playing singles or doubles) were increased to up to 32 pickleball players on those two courts.

16. Upon information and belief, when the City converted the two San Gorgonio Park tennis courts into pickleball courts, the City did not make or include any findings on additional noise that would be created by the conversion, nor any findings relating to additional street parking, street pedestrian and car traffic that would increase due to the conversion.

17. Upon information and belief, in making the determination to convert the San Gorgonio tennis courts into pickleball courts, the City did not perform an E.I.R. or make required negative declarations.

18. Upon information and belief, the determination and vote to move pickleball courts to San Gorgonio Park did not discuss that, under the original San Gorgonio Park Environmental Assessment, all noise-creating activities were required to be in the I-5 Freeway adjacent right of way (as far as possible from residential homes).

19. The Parks & Recreation Commission assured residents in the late 1970’s, before approving building San Gorgonio Park, that at most street parking would be required up to 3 days per year, and recommended increasing parking from 85 - 100 spaces.

20. Upon information and belief, the City in adopting the change from tennis courts ro pickleball courts failed to take into consideration, or properly evaluate, the issues of noise from 1 2
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4 Complaint for Nuisance
crowds, or noise from play, or the increase in parking and traffic due to overflowing San Gorgonio Park parking spaces.

21. Upon information and belief, in addition to noise created on the pickleball courts by the sound of paddles striking pickleballs (and the noise referred to above), sound is also created by “boom” boxes played at high-levels on or near the pickleball courts.

22. Upon information and belief, placing the noise-producing pickleball courts anywhere other than in close proximity to the I-5 Freeway right-of-way is in direct violation of the City’s findings and promises when the park was approved and then built by the City.

23. The ongoing use of the pickleball courts has resulted in unreasonable interference with Plaintiff’s and her neighbors’ use and enjoyment of her and their homes and property, including the loud and irritating noise of paddle strikes, and the noise of boisterous players and spectators, and increased traffic and parking on the neighborhood streets, and pedestrians walking on public streets.

24. Upon information and belief, when the City heard complaints from residents near San Luis Rey Park regarding pickleball courts, at times from around 2018 to 2019, the City voted to relocate all pickleball use to San Gorgonio Park.

25. Both City and state laws that regulate nuisances, including noise, excessive parking in their neighborhood, walking in the streets to ingress and egress the park, etc., have been, and continue to be, violated by the City of San Clemente.
 Acquisition of San Gorgonio Park and Environmental Assessment

26. Upon information and belief, during 1976, the City obtained both Linda Lane Park and San Gorgonio Park from the State of California and at approximately the same time, obtained funds from the County of Orange in the amounts of $70,000 and $100,000, respectively, to build/create those parks. The properties were acquired from the State of California as state surplus property.

27. Upon information and belief, when the City acquired San Gorgonio Park, the City performed an Environmental Assessment (“Assessment”).
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5 Complaint for Nuisance

28. Because pickleball did not exist at the time, pickleball, and the related noise and traffic issues, were not included in the Assessment.

29. The Assessment stated that the park would create environmental traffic and noise impacts to the surrounding communities that could not be measured at the time of the Assessment. (See, Assessment, page 2).

30. The Assessment indicated the scope of activities for development in San Gorgonio Park: “two baseball fields, 9 tennis courts, a football and soccer field, handball courts, children’s play areas, and areas for passive recreation and picnicing [sic]).”

31. Upon information belief, the greatest noise-creating activity, baseball, was situated with the field(s) being located along the I-5 Freeway right-of-way, which is the farthest point from the residential neighborhood that borders San Gorgonio Park.

32. The Assessment, page 2, contained the following:

33. Environmental Impact of the proposed action.
… Any potential adverse environmental effects which cannot be avoided if the proposal is implemented are predominately related to traffic and noise. The project has the potential to increase traffic in a residential area and increase the noise level as a result of the outdoor activities.
…
The variety of uses and the number of facilities will increase traffic into the area and during peak activity periods will increase the noise level.

Both the traffic and noise levels are variables and the anticipated increases cannot be determined at this time.

Mitigation Measures Proposed to Minimize Adverse Impacts.

The design of the park indicates that the most active recreational activities will take place next to the Freeway right-of-way which should minimize the noise to the residents on San Gorgonio and Vista Torito. …

34. Upon information and belief, before building San Gorgonio Park, the City was aware of possible parking issues, i.e., insufficient parking during normal activities and when special events occurred, and as a result the City agreed to review the adequacy of parking in Phase III of the development.
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6 Complaint for Nuisance

35. Upon information and belief, the City did not review the noise and parking impacts that resulted from converting San Gorgonio Park tennis courts into pickleball courts.

36. Upon information and belief, at the time of the conversion, the City was aware of potential noise issues, parking, traffic; both pedestrian and cars.

37. Upon information and belief, and most important, the City’s Environmental Assessment informed residents that activities at San Gorgonio Park creating the greatest noise would be located “next to the Freeway right-of-way.”

38. For the August 22, 1978 Parks & Recreation Commission meeting, the Minutes reflect that the commissioners were aware that parking was a neighborhood concern. The Minutes record that Commissioner Johnston stated that residential parking “might happen two or three times a year, but would not be a daily problem, however, he could give no guarantee to the people that spaces would always be available to them. He also commented that apparently the question was not of access as much as parking problems in front of their homes.”

39. Upon information and belief, when the City reviewed moving pickleball to San Gorgonio Park, the Agenda Report provided to Council Members as background failed to include any reference to the above formation studies and documents, and in additiona failed to inform the Council Members that noisy activities were required to be located near the I-5 Freeway Right-ofWay. Nor did the Agenda Report mention that parking in the neighborhood was not supposed to exceed three days per year.

40. Upon information and belief, before approving the pickleball courts in San Gorgonio Park, the Agenda Report to City Council Members failed to inform them about any details of the initial considerations of building San Gorgonio Park or the impacts that were considered at the time (approximately 1978-1979).
 Locating Pickleball at San Gorgonio Park

41. Upon information and belief, in spite of the initial determinations, findings, and promises referenced above, and in violation of Plaintiff’s right to rely on the Assessment and City determinations, when the City converted pickleball courts at San Gorgonio Park, the City 1 2
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failed to locate those converted courts next to the I-5 Freeway right-of-way, as required in the Assessment – notwithstanding that the determination is binding on the City.

42. Upon information and belief, before approving the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to perform an environmental analysis.

43. Upon information and belief, before approving the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to perform testing of noise levels and did not analyze noise tests.

44. Upon information and belief, when questioned, Samantha Wylie, the City’s Beaches and Parks Director, falsely informed Council Members that moving pickleball from San Luis Rey (where pickleball play had become a nuisance) was necessary to eliminate noise, but that doing so would not create a noise issue at San Gorgonio Park.

45. Upon information and belief, Ms. Wylie’s statement was untrue when made, and resulted not only misleading the Council Members and based thereon, they determined to convert the tennis courts at San Gorgonio Park to pickleball courts in spite of the true and actual impact of making such a conversion – increased noise; moreover, the untrue statements induced the Council Members to fail to consider the actual consequences.

46. Upon information and belief, Ms. Wylie’s statement was erroneous as a matter of basic physics, as well as acoustics.

47. Upon information and belief, the City Council has discussed or held hearings related to converting tennis courts into pickleball courts at San Gorgonio Park without considering the noise-related issues referenced above.

48. Upon information and belief, Defendant determined that pickleball noise was a nuisance for nearby residents that lived in close proximity to San Luis Rey Park and therefore pickleball courts were closed at San Luis Rey Park. In short, Defendant moved the pickleball courts from the San Luis Rey Park to San Gorgonio Park because the residents in close proximity to the San Luis Rey Park found the noise generated by pickleball play to be a nuisance. 1 2
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49. Upon information and belief, to offset the loss of pickleball courts within the City of San Clemente, the City intentionally relocated the court(s) and related noise and crowd nuisance to San Gorgonio Park.

50. Upon information and belief, before voting to locate or relocate pickleball at San Gorgonio Park, the City failed to discuss or consider, or make findings regarding, alternatives including, but not limited to, a) the Community Center, b) the Boys and Girls Club, and c) the old Staples building (at least on a temporary basis) that has remained unoccupied for more than five years.

51. Upon information and belief, the reason for moving the courts to San Gorgonio Park and closing the courts at San Luis Rey Park was simple; because there were few complaints at the City level from residents near San Gorgonio Park.

52. Upon information and belief, the decision to add courts at San Gorgonio Park was intentional, unreasonable, negligent, and reckless as the City was aware, or should have been aware, that relocating the courts would result in the stated nuisance and harm and would result in abnormally dangerous activities.
 Noise Level Discussion

53. The nuisances created by pickleball are public nuisances, as well as private nuisances.

See, for example, Civil Code Sections 3479, 3480, and 3501, and San Clemente Municipal Code Sections 8.48.010, et seq., 8.48.090, and Health & Safety Code Section 46000 et seq.

54. The San Clemente’s Municipal Code Section 8.48.010 states, under subsection A:

In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources specified in the chapter.

55. Municipal Code Section 8.48.090 states, under subsection C:

Activities conducted on any park or playground provided such park or playground is owned and operated by a public entity, provided the activities do not include amplified sound or noise from said activities does not exceed 80dB(A), unless permitted pursuant to a special event permit or other City-issued approval.
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56. Upon information and belief, the City Municipal Code requires the sound reading to be measured at 20 feet from the sound source.

57. Upon information and belief, tennis creates much less noise than pickleball for, at a minimum, the following reasons:

58. RACKET: Tennis rackets have nylon or synthetic gut strings that are flexible; pickleball rackets are made of a flat, hard surface, wood.

59. BALL: A tennis ball is made from rubber covered in felt. So even if a player were to use a tennis ball on a pickleball paddle, doing still would not create as loud a sound on impact as using a pickleball ball. By contrast, a pickleball ball is made from hard plastic, and when a player impacts plastic ball with the flat wood surface (or surface of fiberglass, graphite, or carbon fiber), the impact generates a loud, echoing noise.

60. SOUND: Because the pickleball court is more compact, there can be multiple pickleball courts for each tennis court, which permits more games to be played simultaneously, which in turn generates more noise. This means that there is more constant noise which could exacerbate how loud it is. This is multiplied by the increase in courts from dramatically increased use. Play proceeds more rapidly as well, cause more contact noise due to that factor alone. And because pickleball is wildly popular at the moment, the courts are utilized with much greater frequency than tennis courts.

61. DECIBEL LEVELS: Pickleball noise often exceeds 80 decibels. On the other hand, tennis only reaches between 55 and 60 decibels – significantly less than pickleball.

62. ANNOYANCE LEVEL: A beeping sound is more annoying than a rumble sound, even if those two sounds are of the same dB level. Tennis produces ball-striking sounds that have a lower pitch than the ball-striking sounds of pickleball, making tennis less annoying.

63. Upon information and belief, not only does the noise emanating from pickleball courts at San Gorgonio Park exceed City statutory limits, but the sound is like a hammer blow on a blacksmith’s anvil and the noise filters into every part of Plaintiff’s home an Property. Plaintiff is aware that the same thing is true of her neighbors’ homes and property. 1 2
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64. The sound of a pickleball paddle strike is less like the low-frequency strike of a tennis racket, and, instead more like the high-frequency strike of a wooden ping pong paddle. The abrupt, high-frequency, and irritating sound of paddle strikes on the pickleball can be heard on the Plaintiff’s property both inside and outside of her home as well as her neighbors’ homes and property.

65. At some higher levels of noise, hearing can be damaged. It is recommended that humans avoid extended periods of exposure to noise levels above 80 dBa.

66. Sound levels above 90 dBa is considered dangerous according to the Occupational Safety and Health Association (OSHA) standards.

67. Each increase by 10 decibels increases sound twofold and is therefore twice as loud.

An increase of 40 decibels is (10dB+10dB+10dB+10dB) or 2x as loud x 2x as loud x 2x as loud x 2x as loud, or 16 times as loud, an increase of 30db is 6 dB is 8 times as loud.

68. A reading of 111dB is more than 8 times that level of noise of 80dB.

69. Upon information and belief, pickleball noise creates a human health risk including hypertension, heart disease, etc.

70. Upon information and belief, pickleball noise exceeds the limits set in objective, science-based community noise ordinances, including those in the City of San Clemente.

71. Upon information and belief, pickleball noise exceeds accepted U.S. and international standards and guidelines (such as those produced by the United States Environmental Protection Agency, World Health Organization, etc.) for community and environmental noise emissions/levels.

72. Upon information and belief, there are no effective means, other than enclosing the entire pickleball court in a well-designed building, of significantly reducing the noise emitted by the pickleball courts such as noise walls, barriers or screens. 1 2
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73. Upon information and belief, although these types of solutions are frequently suggested, they are not effective (for reasons of fundamental physics) and will not reduce the noise to acceptable levels.1
 DECIBEL SOUND EQUIVALENTS:

74. 0 dBA – The softest sound a person can hear with normal hearing 10 dBA – normal breathing;
20 dBA – whispering at 5 feet
30 dBA – soft whisper; quiet rural areas2
40 dBA – quiet residential area on a calm day; library
50 dBA – steady rainfall: quiet suburbs
60 dBA – normal conversation:
70 dBA – freeway traffic; Passenger car at 65 mph at 25 feet (77 dB) 85 dBA – noisy restaurant
90 dBA – shouted conversation; Boeing 737 or DC-9 at one nautical mile before landing (97 dB)
100 dBA – nearby snowmobile; Jet takeoff at 305 meters; Jet flyover at 1,000 feet (103dB)
110 dBA – shouting into an ear; live rock music (106 - 110 dB)  Actions Related to Creating and Relocating Pickleball Courts

75. Upon information and belief, the Beaches, Parks & Recreation Commission Minutes for its meeting of August 14, 2018 reflect that the Commission considered a Park Master Plan Amendment to add pickleball to both San Luis Rey Park and San Gorgonio Park.

76. Upon information and belief, on or about September 4, 2018, the City Council considered a Master Plan Amendment to San Luis Rey and San Gorgornio parks to allow one tennis court at each park to be converted into pickleball courts.

1 The City added noise barrier fencing and it resulted in little effective reduction in the noise level produced at the San Gorgonio Park pickleball courts and surroundings. 2 Descriptions after the ; are from www.wenet.net/(tilde)hpb/dblevels.com, and www.chem.purdue.edu/chemsafety/Training/PPETTrain/dblevels htm. 1 2
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77. Upon information and belief, the September 4, 2018 Agenda Report, at Item 9A, states:

It is also recommended that the recommended play time be considered a “pilot pickleball program”, with an option to return to Council in one year to review the success of the program and address any issues that may have evolved since implementation.

78. Upon information and belief, the September 4, 2018 Agenda Report at Item 9A glaringly omitted mention of noise, crowds, etc.

79. Upon information and belief, the “one year to review” required review did not occur.

80. Upon information and belief, while the September 4, 2018 Agenda Report at Item 9A states that it is proving “Notification: Interested Parties - Properties within 300 feet of San Gorgornio Park and San Luis Rey Park,” the list of persons who were notified did not include Plaintiff and many of her neighbors, which is a violation of state law and City policy and law.

81. Upon information and belief, while the City was informed of this failure to provide required notice, the City failed to take any corrective measures to rectify the failure.

82. Upon information and belief, pickleball courts were added to both parks sometime thereafter during 2018.

83. Upon information and belief, as set forth above, the City subsequently eliminated pickleball courts from San Luis Rey Park due to noise complaints by neighbors, and converted a second court at San Gorgonio Park to replace the closed San Luis Rey Park court.

84. Upon information and belief, the City failed to discuss, or even consider, why doubling the pickleball courts at San Gorgonio Park would not create a similar or even greater noise issue for the neighbors of San Gorgonio Park. Increasing the number of players increases the noise and frequency of the pinging impact sound when more paddles strike more pickleballs.

85. Upon information and belief, the decision to modify the San Gorgonio Park tennis court(s) into pickleball courts, but eliminating the court at San Luis Rey Park due to noise complaints, is evidence and/or proof of the City’s contempt for residents living in close proximity to San Gorgonio Park.
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86. The City through its Beaches, Parks, and Recreations Department has offered five separate classes to San Clemente adults taught by outside instructors that has increased the number of players and in doing so adds to the noise levels at San Gorgonio Park.

87. Upon information and belief, eliminating pickleball court(s) at San Luis Rey Park was an admission by the City that pickleball related activities create a noise nuisance.

88. Upon information and belief, the City failed to perform a required E.I.R. or make a negative declaration regarding sound and other nuisances that would result from converting tennis courts into pickleball courts at San Gorgornio Park, which was required before the City could make the conversion from tennis to pickleball.

89. Upon information and belief, when considering the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to follow its own directive from the late 1970’s that required activities with high noise levels be located at the back of the park (the area farthest from surrounding residences) near the I-5 freeway right-of-way.

90. Upon information and belief, the Minutes of discussion of closing the pickleball court at San Luis Rey Park and relocating the court to San Gorgonio Park reflect that Beaches, Parks & Recreation Commissioners commented about “Concerns raised about San Luis Rey regarding noise and parking make San Gorgonio a better fit for pickleball.” The Commissioners did not comment on the noise and parking effects of adding one or more pickleball courts at San Gorgonio Park.

91. Upon information and belief, the Commission passed, by a vote 6 - 1, to “rescind the recommendation for the conversion of court #4 at San Luis Rey to permanent pickleball courts, to recommend one of the tennis courts at San Gorgonio Park be dual striped for pickleball and tennis use.”

92. Upon information and belief, on August 13, 2019, the Beaches, Parks & Recreation Commission Minutes reflect comments by the public including:

Yvette Sanville … stated pickleball noise is constant with many players, radios, parties, and lessons beginning as early as 6:15am and continuing until 10pm (at San Luis Rey Park); opined that noise from pickleball use and users is impactful and she is unable to open her 1 2
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windows or enjoy her patio; stated players can be heard from the street; …

93. Upon information and belief, on August 13, 2019, the Beaches, Parks & Recreation Commission Minutes reflect that Commissioners commented as follows:

A problem has been created by adding pickleball to San Luis Rey Park.

San Gorgonio Park does not have a problem with noise.3 Pickleball at San Luis Rey Park should be eliminated or time restricted. San Luis Rey Park is not the location for pickleball due to impacts to residents and the golf course. …” Motion carried 5 - 1 “to recommend the City Council eliminate pickleball usage at San Luis Rey Park and convert Court #4 back to tennis use, dual stripe court #1 at San Gorgonio Park for pickleball, and dedicate five days per week to pickleball play.

94. Upon information and belief, the City Council Minutes for its meeting on September 28, 2021, reflect that a speaker, Al Cullen, informed the Council about concerns that the proposed addition of pickleball to San Gorgonio Park “are ill advised …”

95. Upon information and belief, on November 2, 2021, the City Council Minutes reflect a speaker informing the Council about concerns with pedestrian safety in the vicinity of San Gorgonio Park, noting a lack of sidewalks that forces pedestrians to walk in the street.

96. Upon information and belief, on November 16, 2021, the City Council Minutes reflect a speaker informing the Council that the pickleball courts pose a public noise nuisance.

97. Upon information and belief, on December 7, 2021, the City Council Minutes reflect speakers informing the Council:
(Frances Alordo) “related that pickleball play poses a noise and traffic nuisance for residents in the vicinity of San Gorgonio Community Park; urged Council to relocate pickleball play to the Vista Hermosa Sports Park where residents will not be negatively impacted.”
(Susan Chick) “stated she lives seven blocks from the pickleball courts at San Gorgonio Community Park, but is still negatively impacted from the noise …”
(Anonymous (Plaintiff)) “that pickleball play at San Luis Rey Park was discontinued because of the noise impact on residents and … play at the San Gorgonio Community Park also impacts surrounding residents. …

3 This statement was proven false when later the City tried to reduce the noise by installing an expensive wind barrier fencing, which proved not to be effective to reduce noise. 1 2
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(Susan DiStefano) “urged Council to decommission pickleball play in all residential areas; opined that the current situation violates City Code Chapter 8.48 related to noise control.”

98. Upon information and belief, on December 7, 2021, the City Council Minutes reflect that Mayor James, supported by Council Members Ferguson and Duncan, agendized the issue of noise emanating from pickleball play at San Gorgonio Community Park.

99. Upon information and belief, on December 21, 2021, the City Council Minutes reflect the agendized Item 9F resulted in numerous speakers.
(Amanda Quinn) stated “pickleball courts in residential zones be decommissioned …”
(Sue DiStefano on behalf of the Hyde’s) “pickleball courts negatively affect their lives. … the City has not considered the health and safety of San Clemente residents and has failed to honor the City’s noise ordinance.”
(Kristy Pittman on behalf of …) “urged Council to remove pickleball courts from residential areas …”
(Susan Chick) “reported that she is in possession of a petition containing 182 signatures from Shorecliffs (sic) residents that oppose the disturbances that pickleball has on the Shorecliffs neighborhood; opined that current conditions (at San Gorgonio Park) violate California Civil Code 3480 relating to public nuisance.”
[Other speakers discussed sound and nuisance issues at San Gorgonio Park.]
100. Upon information and belief, on December 21, 2021, the City Council voted to 4 - 1 to:

1. Direct Staff to obtain decibel readings at the property line across the street from the courts before and after “windscreens” are installed,

2. Approved $35,000 for the “purchase of noise-reducing windscreens.

3. Reduced hours of pickleball play to 7:00 a.m. to dusk Monday through Friday and 8:00 a.m. to dusk Saturday and Sunday. …

5. Direct Staff to prioritize the construction of at least four pickleball courts at Steed Park before other park construction projects.

6. Directed that Staff provide an analysis of the potential noise impact that would result from the construction of four pickleball courts at San Gorgonio Community Park near the I-5 before Council is asked to approve a construction project.”
101. Upon information and belief, in August, 2022, after Plaintiff took 3 minutes to discuss the nuisance-noise issues and code violations at City Council under Open Communications, 1 2
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Council member Laura Ferguson asked the City Attorney who was present in Scott Smith’s place whether the City was permitted to violate its own laws. 102. Upon information and belief, the City Attorney stated she did not know, and was deferring to Scott Smith, who had not appeared at a City Council meeting for months, but then further stated she was unaware when Scott Smith would return from his vacation. 103. On September 6, 2022, upon return to the Council meeting, City Attorney Scott Smith informed the Council that the City is required to enforce its own laws. While the City Attorney’s law firm prepared a related memorandum, Defendant and/or the City Attorney takes the position that the memorandum should be considered subject to attorney-client communication privilege and, in accordance with that position, refused to disclose the document to the public. As a result, that document has been distributed only to Council members. 104. Upon information and belief, the City has not moved forward on planning, funding, and/or building pickleball courts at Steed Park or at the rear of San Gorgonio Park. 105. Upon information and belief, the City has not studied the impacts of building four or eight pickleball courts at San Gorgonio Community Park near the I-5, even though more than 8 months have passed since Council voted to direct staff to prepare that report. 106. Samantha Wylie, City of San Clemente Parks & Recreation Manager, sent either an email or internal communication4
to Adam Atamiun, who at the time was the Code Enforcement Director, and stated, in full:

I met with James [City Manager Makshanoff, who was no longer City Manager in 2022] yesterday regarding a complaint from a resident near San Luis Rey Park who is upset with the noise coming from the pickleball/tennis court at the park. James requested that one of your officers perform a decimal (sic, decibel) reading to identify the true volume5
of the noise. The best day to perform the reading will be either Thursday between 3-7pm or Sundays from 9am-9pm.6 Let me know if I can provide any other information.

4 While the date of the internal communication is unknown, it appears to be in advance of the City’s April 10, 2022 noise testing.
5 A decibel meter does not measure the “volume” of sound. 6 It is not clear why these days and times were selected by Ms. Wylie. 1 2
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107. On January 4, 2019, at 5:53 pm, Adam Atamiun sent an email to Ms. Wylie son the stated subject: “Re: pickleball Noise - San Luis Rey Park.” CE staff (Code Enforcement) went by yesterday around 4:30.

Maximum dB level was 81. … The complaint may be more related to the pitch of the noise the pickleball makes rather than the loudness of that noise. Certain high-pitched noses seem to bother people more than other noises that are actually louder. Hope this info helps. 108. An email from Samantha Wylie dated January 6, 2019, at 8:53 am, to City Manager Makshanoff and Assistant City Manager Erik Sund, contained the subject line: “Fwd: pickleball Noise - San Luis Rey Park.”
FYI. See below. CE performed a decibel reading at the park. The exterior noise should technically not exceed 50dB, however according to our noise ordinance, activities that take place in the parks are excluded from this.

I’m heading over to the park this morning to observe the activities for a little bit.
109. This email pointed out the level of acceptable noise for activities (other than parks) in San Clemente and stated that level was a maximum of 50dB. The exception of up to 80 dB in certain park areas exceeds the level of noise allowed elsewhere in the City, and the reason for that exception is not described in any document that Plaintiff has been able to locate. 110. Upon information and belief, the pickleball noise can be heard from residences as far as 1,500 feet from San Gorgonio Park.
 City Noise Testing
111. Upon information and belief, the City took decibel sound readings at City-owned pickleball courts and found noise levels exceeded, at times, 111dB’s. “110 dBA – shouting into an ear.”
112. Upon information and belief, the City requested and Anthony Kurtz provided the City 6 separate decibel tests of pickleball noise. Yet the reports did not indicate how many courts were being used during the tests, how many other pickleballers were waiting for their time to play, or whether or not anyone was playing a boom box.
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113. An March 19, 2022 11:52 am test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 111.6 dB and LAE at 90.4 dB, and Lpeak(max) 111.6 dB.
114. An March 19, 2022 12:00 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 105.3 dB and LAE at 81.6 dB, and Lpeak(max) 105.3 dB.
115. An April 9, 2022 2:14 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz7includes testing of LAS peak at 95.8 dB and LAE at 81.9 dB, and Lpeak(max) 95.8 dB.
116. An April 10, 2022 12:19 - 12:24 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 111.2 dB and LAE at 82.1 dB, and Lpeak(max) 111.2 dB
117. An April 10, 2022 12:33 - 12:38 pm, test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 94.4 dB and LAE at 80.1 dB, and Lpeak(max) 94.4 dB.
118. Upon information and belief, during discussions at City Council meetings, and through emails and oral communications, City staff members stated on occasions that the City was unaware of any violations of the City’s noise ordinance, in spite of the fact that these staff members were aware of the City sound testing that resulted in several readings over 80dB up to 111dB.
119. Plaintiff elected to first pursue alternative avenues rather than filing a complaint. In particular, Plaintiff spent months in attempts to obtain relief through available City administrative procedures including, but not limited to, numerous emails to City staff and Council members, and frequent and continuous appearances at City Council Open Communications where she spoke for up to 3 minutes per session and in many cases included a Power-point presentation outlining both the law(s) and violations.

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120. Upon information and belief, there are pickleball paddles and balls that significantly reduce not only the noise levels, but eliminate the “pinging” sound. See, for example, see GAMMA Foam Quiet Balls, and Tourna Foam Balls. For non-tournament and casual play, these balls are useful, viable, and could possibly bring the sound to below 80dB. 121. Upon information and belief, on Labor Day, Monday September 5, 2022, when the courts were locked, the pickleball players climbed the fence in order to play pickleball, thus creating noise and trespassing on the locked City courts, until, later in the day, when Marty Weinberg, the San Clemente pickleball ambassador, called Beaches, Parks, and Recreation Director Samantha Wylie. Ms. Wylie “located a key” and personally unlocked the courts.8 122. Upon information and belief, the noise and crowd nuisance from play at San Gorgonio Park Pickleball has substantially interfered, and continues regularly to interfere, with Plaintiff’s use and enjoyment of her Property.
123. Upon information and belief, any other person would reasonably be annoyed or disturbed by the nuisance resulting from Defendant’s conduct and decision to allow pickleball at the San Gorgonio Park tennis courts.
124. Upon information and belief, Plaintiff and her neighbors did not consent to Defendant’s conduct regarding converting tennis courts into pickleball courts at San Gorgonio Park.
125. Upon information and belief, Plaintiff has been, and will continue to be, harmed by the private and public nuisances of Defendant caused by allowing nuisances to occur at Defendant’s San Gorgonio Park and the public streets surrounding San Gorgonio Park. 126. Upon information and belief, Defendant’s decisions and conduct were a substantial factor in causing Plaintiff’s harm.
127. Upon information and belief, the seriousness of the harm from the nuisance outweighs the public benefit of Defendant’s conduct and decisions to convert tennis courts into pickleball courts at San Gorgonio Park.

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128. Upon information and belief, as of the date of filing this complaint, the City and Council failed to take actions that resulted in significant reduction of the nuisance(s) and the windscreen did not result in substantial or significant reduction in noise levels. 129. Upon information and belief, Plaintiff has been, and will continue to be, seriously injured unless Defendant’s nuisance and related activities complaint of herein are not preliminarily and permanently enjoined.
130. Plaintiff will suffer irreparable injury of a continuing nature that cannot adequately be calculated or compensated solely in money damages because of her ongoing, continuous loss of quiet enjoyment of her Property.

PARTIES
131. Plaintiff Ruth Martin is, and at all times herein relevant was, an individual residing in the City of San Clemente, California at her residence on Via San Gorgonio. 132. Plaintiff Ruth Martin’ home is less than 117 yards (350 feet) from the pickleball and tennis courts at San Gorgonio Park.
133. Defendant City of San Clemente is a municipal corporation under the laws of the State of California and is a General Law city located in Orange County, California. 134. Defendant City of San Clemente is the entirely responsible for the actions and decisions of its Beaches, Parks, and Recreation Department, City staff, and its City Council regarding impacts from the decision to locate pickleball courts at San Gorgonio Park. 135. City of San Clemente is being sued in its own right and on the basis of the acts of its staff, officials, agents, employees, and Council.
136. The true names and capacities of Defendants named herein as DOES 1 through 50 are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will amend this Complaint to show their true names, involvement and capacities when same has been ascertained.
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ADDITIONAL FACTUAL ALLEGATIONS
138. Plaintiff incorporates by reference the allegations set forth above and below. 139. Plaintiff and her neighbors reside in close proximity to San Gregornio Park and the pickleball courts located at that park during the entire time since the City added pickleball to San Gregornio Park.
140. As a result of Defendant’s conduct and breach of the noise ordinance and state nuisance laws, the value of Plaintiff’s home and property been materially diminished. 141. Upon information and belief, on or about April 20, 2022, Plaintiff Ruth Martin filed a Notice of Claim with the City of San Clemente.
142. Upon information and belief, the City sent Plaintiff’s claim to Carl Warren & Company.
143. Upon information and belief, on or about April 22, 2022, Emily Gutierrez of Carl Warren & Company informed Ms. Martin she would consider the claim on behalf of the City. 144. Upon information and belief, on or about May 26, 2022, the City of San Clemente rejected Plaintiff’s claim. Johanne Thordahl, Human Resources Manager, sent Plaintiff a certified letter stating Plaintiff’s claim was denied.
145. Upon information and belief, before converting tennis courts into pickleball courts sometime around 2018 - 2019, the City failed to do sound studies, and failed to perform an E.I.R. or state it was making a negative declaration.
146. Upon information and belief, on or about 2019, the City was aware that the noise that emanates from pickleball courts including pickleball courts located at San Luis Rey Park in the southern portion of San Clemente in close proximity to the municipal golf course exceeds the City’s allowable limits and constitutes a nuisance.
147. Upon information and belief, on or about 2019-2022, the City’s determined that the noise created a recognized nuisance of the neighbors who lived near San Luis Rey Park pickleball courts, and for that reason relocated the pickleball court to San Gorgonio Park. This is an admission that the City found that pickleball noise and/or traffic creates a nuisance in the neighborhoods surrounding pickleball courts.
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148. Upon information and belief, prior and subsequent to filing the Claim against the City, and before filing this lawsuit, Plaintiff sent numerous emails to City staff and Council members and spoke repeatedly at City Council meetings about violations of noise and other nuisance laws that occurred because pickleball courts were created at San Gorgonio Park. 149. Upon information and belief, while Council voted during 2019 to move the pickleball courts to a new location at Steed Park in the next few years, no specific plan or expenditures were approved and the pickleball at San Gorgonio Park was allowed to continue unabated. 150. Upon information and belief, the proposed cost is over $3,500,000 to build pickleball courts and that amount is currently unfunded and not approved. 151. Upon information and belief, the prior and existing sound and crowd nuisance as well as traffic and pedestrian traffic and the related nuisance(s) for pickleball related activities at San Gorgonio Park are an unreasonable invasion of Plaintiff and her neighbors’ health and safety. 152. Upon information and belief, the noise at San Gorgonio Park that emanates from pickleball use, players, and crowds as well as traffic and pedestrian travel interferes with Plaintiff’s enjoyment of her daily life and use of her Property and has similar effects on her neighbors.
153. Upon information and belief, pickleball activities in San Gorgonio Park including noise, traffic, and pedestrians (there are no sidewalks) is a private and a public nuisance. 154. Plaintiff believes that the noise is, and has been, offensive to a reasonable person in similar circumstances.
155. Plaintiff believes that the pedestrian street movement and parking on or near her home is and has been offensive to a reasonable person in similar circumstances. 156. Plaintiff believes that the crowd noise generated by players and spectators including use of boom boxes and other amplified sound at or near the pickleball courts at San Gorgonio Park rises to the level of a public and private nuisance. 157. Upon information and belief, the Defendant City did not state that its decision in converting tennis courts to pickleball courts is exempt from CEQA. 1 2
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158. Upon information and belief, the Defendant City did not state that its decision in converting tennis courts to pickleball courts was considered after preparing and reviewing an E.I.R.
159. Upon information and belief, converting tennis courts to pickleball courts is not exempt under Article 19 of the CEQA Guidelines (14 Cal. Code Regs., § 15301) because the noise generated is not similar to the noise generated from tennis courts and because each tennis court has been converted into multiple pickleball courts, thus substantially changing the prior use. 160. California State Government Code Section 65302 mandates that noise elements be included as a part of a city general plan and that cities adopt comprehensive noise ordinances. 161. Government Code Section 65302 (f)(3) states:

The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any.

The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
162. Upon information and belief, the City’s General Plan, the Centennial Plan, states:

Noise
Excessive noise can adversely affect human health and well-being, economic productivity, and property values, especially in areas where sensitive land uses such as senior housing, schools, child care, and hospitals are located. Mobile and stationary noise sources contribute to overall noise levels, and the impacts of both must be analyzed when considering environmental effects of new development. Bisected by Interstate 5, San Clemente’s primary noise source is from automobile, truck and motorcycle traffic.

Plan S-6 Passenger and freight rail services utilize a rail line that skirts the coastline and are also significant mobile noise sources. The City has successfully used federal tools to reduce train noise near sensitive land uses.

The General Plan is a tool for managing noise by planning for and maintaining compatibility between sensitive land uses and noise sources. Specific standards regulating the noise environment are provided by the San Clemente Noise Ordinance [staff to provide link].

GOAL: Minimize exposure to excessive noise levels by taking appropriate actions to avoid or mitigate the detrimental effects of exposure to excessive noise levels on humans and animals and in particular, on sensitive land uses.

POLICIES:
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S-4.01. Noise Control. We effectively control ambient and stationary noise conditions by maintaining baseline information, monitoring conditions, following State guidelines, and enforcing locally adopted ordinances and building codes.
163. Upon information and belief, Defendant City’s General Plan does not adequately address existing and foreseeable noise problems.
164. Upon information and belief, Defendant City did not maintain a baseline for noise at the tennis courts, or the pickleball court(s).
165. Upon information and belief, Defendant City did not, monitor noise conditions, follow state guidelines, and enforce locally adopted ordinances which limit noise. 166. Upon information and belief, noise, including pickleball, crowd noises, traffic, and pedestrian, plus over-loading of the residential neighborhood with cars and people, constituted, and continue to constitute a nuisance, and deprive Plaintiff of the safe, healthy, and comfortable use of her home and property as proscribed under California Health and Safety Code Sections 46000 et seq., common law, and San Clemente Municipal Code Sections 8.48.010 et seq. 167. State law provides that excessive noise is a serious hazard to the public health and welfare and is a nuisance.
168. State law provides that exposure to certain levels of noise can result in physiological, psychological, and economic damages.
169. Upon information and belief, Defendant City has exposed Plaintiff to a level of noise that is prohibited by state law.
170. Upon information and belief, state law provides that a City has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise and other nuisances.
171. State law, Health and Safety Code Section 46000(f), states that:

All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.
172. State law, Health and Safety Code Section 46000(g), states that:

It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To 1 2
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that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such actions as will be necessary to achieve the purposes of this section. 173. Even after notice of the nuisances by Plaintiff to Defendant City, Defendant failed to abate the nuisances, as required by law.

CAUSES OF ACTION

FIRST CAUSE OF ACTION

PRIVATE NUISANCE
(Against All Defendants)
174. Plaintiff hereby incorporates by reference all paragraphs above as though fully set forth herein.
175. Health and Safety Code Section 46000, provides, in part:
... (f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.
(g) It is the policy of the state to provide an environment for all Californians.
176. Health and Safety Code, Section 46001, provides in part:

No provision of this division or ruling of the Office of Noise Control is a limitation or expansion: …
(e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution.
177. Under the guidelines of Section 415 of the California Penal Code, it is illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another.

Those convicted of violating this law face a maximum of 90 days in jail and/or a maximum fine of $400.00. Unnecessary noise can be a violation at any time. The City is not exempt from this statute, and neither are the players who are potentially liable for criminal violations. 178. The nuisance conditions at Plaintiff’s home resulted from the negligently and intentionally caused nuisance within, but not limited to, the meaning of Civil Code Section 3479, et seq., as well as relevant City codes, and state law in that said conditions related to pickleball activities in San Gorgonio Park were, and are, injurious to the health and safety of Plaintiff, 1 2
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indecent and offensive to the senses of Plaintiff and did, and continue, to interfere substantially with Plaintiff’s comfortable enjoyment of her home and Property. 179. Defendant would not have allowed pickleball courts to be located near Plaintiff’s home had it followed the Environmental Assessment and Beaches, Parks, and Recreation Commission decisions and required the courts to be located in the area near the I-5 right-of-way and ensured that sufficient parking was provided in order that over-flow neighborhood parking did not occur more than 3 times per year.
180. Such nuisances have been, and are, ongoing.
181. Such nuisances have caused, and will continue to cause, Plaintiff to suffer general and special damages.
182. The conditions including but not limited to dangerous and defective conditions resulting from pickleball at Defendant’s San Gorgonio Park constituted and constitute nuisances, and have deprived and continue to deprive Plaintiff of the safe, healthy, and comfortable use of her Property.
183. Upon information and belief, even after being noticed of the nuisance created by the play and traffic around the San Gorgonio Park pickleball courts, Defendant City failed to adequately abate the nuisance(s) as required by the City’s own laws, as well as state laws. 184. Upon information and belief, as a result of Defendant’s conduct including breach of the City’s Noise Ordinance, the City’s General Plan, as well as state law, the value of Plaintiff’s home has been materially diminished.
185. Plaintiff has sustained general, special, and property damages in amounts to be determined at trial and has been forced, as a result of Defendant’s violations, to retain counsel to enforce her rights, and has incurred and will continue to incur costs and reasonable attorneys’ fees in connection with this complaint/lawsuit, recovery of which Plaintiff is entitled to according to proof.
186. As a further and proximate result of Defendant’s conduct and breach of the City’s Environmental Assessment for San Gorgonio Park, the City’s Noise Ordinance, the City’s General Plan, and state nuisance and noise laws, Plaintiff has been injured in her health, strength, 1 2
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and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering.
187. Plaintiff is informed and believes and therein alleges that said injuries will result in some permanent disability to Plaintiff, in an as yet unascertained amount, that exceeds the minimum jurisdiction of this Court.
188. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them, as herein set forth.

SECOND CAUSE OF ACTION

PUBLIC NUISANCE
(Against All Defendants)
189. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
190. The conditions of the Property that Defendant negligently and intentionally caused to exist constitute a nuisance within, but not limited to the meaning of Civil Code Section 3479, et seq., and Health & Safety Code Section 46000 et seq., in that said defective conditions were and are injurious to the health and safety of Plaintiff, indecent and offensive to the senses including hearing of Plaintiff and did and continue to interfere with Plaintiff’s comfortable enjoyment of life and her Property.
191. Such nuisances have been, and are, ongoing.
192. Such nuisances have caused, and will continue to cause in the future, Plaintiff to suffer general and special damages.
193. Pursuant to Civil Code Sections 3479 and 3480, Plaintiff brings this civil action for public nuisance.
194. The conditions including dangerous and defective conditions at and around the Defendant’s San Gorgonio Park affected and continues to affect Plaintiff’s home and Property and constitute and constituted nuisances, and deprived and deprive Plaintiff of the safe, healthy, and comfortable use of her home and her Property.
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195. Plaintiff and the public are injured by ongoing, constant, and repeated disturbance caused by noise and vibrations from pickleball activities at San Gorgonio Park which is owned and operated by the City of San Clemente, which park is directly adjacent to Plaintiff and other members of the publics’ homes and residences and properties. 196. Plaintiff is especially injured by the noise and vibrations emanating from the City of San Clemente’s San Gorgonio Park pickleball courts, crowd noise at the pickleball courts, boom box and other amplified sound that occurs at or around the pickleball courts, as well as traffic and pedestrians, all of which cause Plaintiff extreme discomfort and annoyance, significantly affects Plaintiff’s ability to use her Property, inside and out, impacts her ability to rest and/or sleep, and causes her to move to other areas of her home or leave her home entirely in an effort to get away from the noise and congestion.
197. Plaintiff worries about the health risks associated with the long-term exposure to excessive noise and annoying repetitive noise.
198. Plaintiff worries and is concerned with the health and safety risks of break-ins, robberies, and other adverse incidents that may or have been caused by adding so many additional uses of the pickleball courts as compared with the number of users prior to the allowance of pickleball at San Gorgonio Park when those courts were limited to tennis. 199. Defendant would not have allowed pickleball courts to be located near Plaintiff’s home had it followed the Environmental Assessment and Beaches, Parks, and Recreation Commission decisions and required the courts to be located in the area near the I-5 right-of-way and ensured that sufficient parking was provided in order that over-flow neighborhood parking did not occur more than 3 times per year.
200. As a further and proximate result of Defendant’s conduct and breach of the City’s Environmental Assessment for San Gorgonio Park, the City’s Noise Ordinance, the City’s General Plan, and state nuisance and noise laws, Plaintiff has been injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering.
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201. Defendant failed to properly and adequately abate each and every nuisance as required by state and local law.
202. As a result of Defendant’s conduct and breach of the San Clemente Noise ordinance and state law, the value of Plaintiff’s Property has been materially diminished. 203. In addition, Plaintiff has sustained general, special, and property damage in amounts to be determined at trial and may be forced as a result of Defendant’s violations to retain a law firm and/or attorney to enforce her rights, and may incurred costs and reasonable attorneys’ fees in connection herewith, recovery of which Plaintiff is entitled to according to proof. 204. As a further and proximate result of Defendant’s conduct and breach of the City’s Noise Ordinance and state law, Plaintiff has been injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause great mental, physical, psychological, and physiological and nervous pain and suffering.
205. Plaintiff is informed and believes and thereupon alleges that said injuries, and each of them, will result in some permanent disability or disabilities to Plaintiff, in an as yet unascertainable amount, that exceeds the minimum jurisdiction of this court.

THIRD CAUSE OF ACTION

FAILURE TO NOTICE HEARING
(Against All Defendants)
206. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
207. When the City held hearings to discuss converting the first and second tennis courts into pickleball courts, it failed to provide Plaintiff, and other Shorecliff residents living within 300 feet of San Gorgonio Park of the hearing date and time as required under the law. 208. As a result of the failure to properly notice Plaintiff and others, the hearing(s) were improper and the vote is void or voidable.

FORTH CAUSE OF ACTION

FAILURE TO PERFORM CEQA STUDY
(Against All Defendants)
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209. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
210. When the City held hearings to discuss converting the first and second tennis courts into pickleball courts, it failed to perform a CEQA study before the hearing dates as required under the law.
211. As a result of the failure to perform a CEQA study, or make proper findings that no study is required (there is no discussion regarding this point), the hearing(s) were improper and the vote is void or voidable.

FIFTH CAUSE OF ACTION

INJUNCTION
(Against All Defendants)
212. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
213. Because the courts are a noise, traffic, and pedestrian nuisance, and/or because the City failed to notice Plaintiff and others of the conversion hearings, and/or because the City failed to perform a CEQA study (or make a negative declaration), an injunction should be issued closing the courts until such time as this court rules on this Complaint.

PRAYER FOR JUDGMENT
214. WHEREFORE, Plaintiff prays for judgment against Defendant, as set-forth below:
a. With regard to the First through Fourth Causes of Action, for compensatory damages in an amount to be determined according to proof at trial; b. With regard to the First through Fourth Causes of Action, for special damages in an amount to be determined by proof at trial;
c. With regard to the First through Fourth Causes of Action, for general damages in an amount to be determined by proof at trial;
d. With regard to the Fifth Cause of Action, for declaratory and injunctive relief, including a declaration that Plaintiff is the prevailing party and that Defendant is directed to abate the nuisance(s) herein complained of; 1 2
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e. For reasonable attorneys’ fees and costs, if Plaintiff incurs legal fees and costs, under any applicable statute or common law, including but not limited to the California private attorneys’ general law, and costs and for related expenses of litigation, in an amount to be determined by proof at trial; f. With regard to all Causes of Action, for any prejudgment or other interest according to law; and
g. With regard to all Causes of Action, for any other and further relief that this Court deems appropriate.

Dated: _ , 2022 Respectfully submitted

Ruth Martin

_____________________________
Ruth Martin - Pro Per

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 1D
Department: Utilities
Prepared By: Niki Beach, Water Conservation Analyst
Subject:
2023 WYLAND NATIONAL MAYOR’S CHALLENGE FOR WATER CONSERVATION Fiscal Impact:

None.

Summary:

Staff recommends the City Council approve City participation in the 2023 National Mayor’s Challenge for Water Conservation (Challenge) and direct the Mayor or his designee to sign an online letter of support. Participation would authorize the Mayor, Council Members, and staff to promote the Challenge and to encourage City residents to participate in various water-saving pledges, utilizing widely recognized Wyland-branded marketing materials coupled with the opportunity to win prizes at no cost to the City.

Background:

The Wyland National Mayor’s Challenge for Water Conservation is a public outreach campaign offered at no cost to cities across the country, purposefully designed to provide broad and longlasting benefits to consumers, communities and the environment. Developed by the Wyland Foundation to promote environmentally friendly choices centered on water conservation, the Challenge takes place every April and calls upon customers in participating cities to save water while providing them with an opportunity to win exciting prizes for their participation. Winning city residents can themselves win one of several eco-friendly prizes for pledging, including a grand prize of $3,000 towards their utility bills. The Wyland Foundation provides many free campaign materials to participating cities and their mayors’ offices, and invites residents to take a 4-step conservation pledge on behalf of their city at www.mywaterpledge.com. The pledge prompts residents to consider ways to reduce their impact on our water supplies in (1) the home, (2) the yard, (3) their community, and (4) their daily lives.

Discussion:

The City previously participated in the Wyland National Mayor’s Challenge for Water Conservation in 2017, 2018, and 2019. Due to the COVID-19 pandemic and reduced public outreach opportunities, the City made the decision not to participate in the competition in 2020, 2021, and 2022. During 2019’s challenge, San Clemente received almost 2,700 pledges, and based on percent of residents pledging, placed 15th across all participating cities in its population size group, beating its previous 2018 ranking as 24th. More significantly, San Clemente also placed first among all cities throughout the Municipal Water District of Orange County (MWDOC)’s service area, winning the 2019 MWDOC breakaway challenge prize of the free design and installation of a water-wise pocket park. With previous years’ experience, staff believes they can continue to expand on this level of success and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/15/2023
powered by Legistar™ 1
Meeting Date: 3/21/2023 Agenda Item: 1D
reach out to even more residents in 2023.

City staff continues to coordinate with MWDOC on the re-initiation of the 2019 pocket park project after its location on the corner of Avenida Madrid and South Ola Vista was selected by the City Council just prior to the start of the pandemic in early 2020. Planning and design work is scheduled to commence after the previous year’s winner, the City of Westminster, receives their completed project next month.

City Council Options and Recommended Actions:

City Council Options:
· Approval to participate in the National Mayor’s Challenge · Request additional information from staff
· Deny participation in the National Mayor’s Challenge
Staff Recommendation
Staff recommends City Council approval and authorization for the Mayor or designee to sign the online letter of support for, and the City’s participation in, the National Mayor’s Challenge.

Attachment:

1. Wyland National Mayor’s Challenge for Water Conservation Presentation Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/15/2023
powered by Legistar™ 2
Wyland National Mayor’s
Challenge For Water
Conservation
City Council Meeting
March 21, 2023
Niki Beach, Water Conservation Analyst
3 Wyland Foundation National Mayor’s Challenge
for Water Conservation • Quick, 1-minute online survey with 17 optional pledge items• Combines education on water use efficiency, solid waste reduction, and ocean pollution prevention
• Residents who pledge to use water wisely are entered to win prizes • Grand Prize: $3,000 towards utility bills• Orange County Winning City: MWDOC Recognition • San Clemente’s 4th year competing with cities nationwide 4 www.MyWaterPledge.com
Questions?
Niki Beach, Water Conservation Analyst
[email protected]
(949) 361-8354
www.san-clemente.org/WaterConservation
5 CITY OF SAN CLEMENTE
Tuesday, March 7, 2023 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on March 7, 2023 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Closed Session Item B
Brad Malamud opined that Council should discuss the appointment of a City Attorney during the Business Meeting to allow public participation.

AQ narrated a PowerPoint presentation entitled "Concerns" relating to the West Pico Corridor. A hard copy of the presentation is on file with the City Clerk.

Concerned resident, San Clemente, narrated a PowerPoint presentation concerning City Attorney Smith and the City of Newport Beach pickleball litigation. A hard copy of the presentation is on file with the City Clerk.

Closed Session Item C
Brad Malamud stated that the City Attorney is not a City employee; opined two Councilmembers should be negotiating the City Attorney contract on behalf of the City.

AQ expressed concerns about one Councilmember negotiating the City Attorney contract on behalf of the City.

1 Agenda Item: 6A(1)
City Council Regular Meeting Minutes March 7, 2023
Scott Smith responded to Council's inquiry concerning the government code referenced on Item C of the Closed Session agenda; noted that he is not advising Council in his capacity as City Attorney, but is speaking as a member of the public due to his financial interest in Closed Session Items B (Public Employee Appointment) and C (Conference with Labor Negotiators); read the government code 54957 B(4) that an independent contractor can be classified as an employee.

Mayor Duncan announced that the ad-hoc subcommittee for the City Attorney appointment is Mayor Duncan and Mayor Pro Tem Knoblock.

Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 5:15 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.

Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)(1)
Title: City Attorney
C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency Designated Representatives: Mayor Duncan
Unrepresented Employee: City Attorney and City Attorney candidates AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

BUSINESS MEETING
The Business Meeting began at 6:04 p.m. with all Councilmembers present.

INVOCATION
Dr. Habib Hosseiny, Public Information Officer for the Baha'is of San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Charlie Lee, San Clemente Girls All Star Soccer Team, led the Pledge of Allegiance.

2 City Council Regular Meeting Minutes March 7, 2023

1. Special Presentations
A. Presentation of Commendation - Cabrillo Playhouse 70th Anniversary Mayor Duncan presented a commendation to Sandra Weaver, Box Office Manager, in recognition of the 70th anniversary of the Cabrillo Playhouse.

B. Recognition of San Clemente Girls All Star Soccer Team Council presented commendations to San Clemente All Star U10 Soccer players: Gianna Alva, Marlowe Conlan, Sadie Henry, Soleil Jerome, Evelyn Koch, Charlotte Lee, Emilie Mulcahy, Sedona Oliveros, Kaylani Rodriguez, and Sienna Roland in recognition of their bid to the Western States Championship on March 12, 2023.

2. Oral Communications (Part 1)
Debbie Flowers commented on Mayor Duncan's attendance at the Mayor's Conference in Washington D.C.

Rick Loeffler opined that the County of Orange should be responsible for building a homeless shelter in South Orange County; urged Councilmembers to communicate with Supervisor Foley to encourage County engagement concerning the homeless in San Clemente.

Joe Wilson narrated a PowerPoint presentation concerning beach erosion. A hard copy of the presentation is on file with the City Clerk.

Warren Vidrine opined that local government can better address the health care needs of its citizens.

Ken Poczekaj narrated a PowerPoint presentation entitled "North Beach Erosion". A hard copy of the presentation is on file with the City Clerk.

Stuart Anderson, San Clemente, presented a flyer for the Human Affairs Committee Community Resource Fair on March 9, 2023, at the San Clemente Community Center from 4:00 p.m. to 7:00 p.m. A hard copy of the flyer is on file with the City Clerk.

Suzie Whitelaw, San Clemente, narrated a PowerPoint presentation concerning beach erosion. A hard copy of the presentation is on file with the City Clerk.

Donna Vidrine, San Clemente, announced that the Mayor's Prayer Breakfast will be held on Tuesday, March 14, 2023 from 7:00 a.m. to 9:00 a.m. at the San Clemente Community Center.

Brad Malamud opined that the Administrative Report for agenda Item 6F - Contract Amendment - Legislative Advocacy Services has errors and should be delayed or the contract should not be renewed; opined that the Mayor does not

3 City Council Regular Meeting Minutes March 7, 2023
have the ability to set rules; opined that City Attorney Smith's interpretation of the government code concerning City Attorney appointment listed under Closed Session was incorrect.

AQ expressed concerns regarding Mayor Duncan attending the Mayor's Conference in Washington D.C. and joining the Mayors Alliance.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
City Attorney Smith announced that he recused himself from the first case in Closed Session item A (City of San Clemente v. Foothill/Eastern Transportation Corridor Agency), Closed Session item B (Public Employee Appointment) and Closed Session item C (Conference with Labor Negotiators); noted that no reportable action was taken in Closed Session.

Reorganization of Agenda
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 5-0, to hear item 9A - Implementation of Emergency Actions to Assist Unsheltered Individuals During Times of Inclement Weather before the Consent Calendar.

Please refer to page 9 of these minutes for a summary of action.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Meeting Recessed
The meeting was recessed at 8:04 p.m., and reconvened at 8:15 p.m. with all Councilmembers present.

6. Consent Calendar
Items 6D and 6F were removed from the Consent Calendar for discussion.

4 City Council Regular Meeting Minutes March 7, 2023
A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 16, 2023.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 21, 2023.
(3) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF FEBRUARY 28, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) HUMAN AFFAIRS COMMITTEE ADJOURNED MEETING MINUTES OF FEBRUARY 8, 2023.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 22, 2023.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 24, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2802 THROUGH 2804 AND WARRANT NOS.
586401 THROUGH 586551, PAID ON
2-17-23, IN THE AMOUNT OF $2,240,737.20
(2) APPROVE WIRE TRANSFER NOS.
2805 THROUGH 2809 AND WARRANT NOS.
586552 THROUGH 586713, PAID ON
2-24-23, IN THE AMOUNT OF $2,145,866.58
TOTAL WARRANT REGISTER $4,386,603.78
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

5 City Council Regular Meeting Minutes March 7, 2023
Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRRIED 5-0, to:

APPROVE WARRANT NOS. 897 THROUGH
898, AND AUTOMATIC DEPOSIT ADVISES
84047 THROUGH 84320, FOR THE PERIOD
$428,392.00
2-6-23 THROUGH 2-19-23, PAID ON 2-24-23,

IN THE AMOUNT OF
TOTAL PAYROLL REGISTER $428,392.00
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. FEE WAIVER REQUEST - HAWAIIAN SURF CLUB OF SAN ONOFRE 2023

POLYNESIAN FESTIVAL
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve a one-time fee waiver of all facility rental fees for the 2023 Polynesian Festival and Luau hosted by the Hawaiian Surf Club of San Onofre, at the San Clemente Community Center, in an amount not to exceed $1,245.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. GOLF COURSE TREE MAINTENANCE SUPPLEMENTAL BUDGET

APPROPRIATION
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve a supplemental appropriation of $66,000 to the Golf Course Maintenance of Trees Account No. 056-661-43426, for cleanup and repairs of the course related to the January 2023 storm and for the purchase and installation of replacement trees on the golf course at hole # 2, 3, 5 & 8.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
D. CALLE DEL CERRO BIKE LANE AND STOP SIGN IMPROVEMENTS Mayor Pro Tem Knoblock recused himself from deliberations because he lives within 500 ft. of portions of the proposed project. Mayor Pro Tem Knoblock left the dais at 8:22 p.m.

Acting Public Works Director/City Engineer Ponsen narrated a PowerPoint presentation entitled "Calle Del Cerro Bike Lane & Stop Sign Improvements" and responded to Council inquiries. A hard copy of the presentation is on file with

6 City Council Regular Meeting Minutes March 7, 2023
the City Clerk.

Kristy Neuhausen narrated a PowerPoint presentation regarding safety concerns at the Calle Del Cerro and Avenida Vista Montana intersection; spoke in support of staff recommendation. A hard copy of the presentation is on file with the City Clerk.

Kurt Neuhausen expressed safety concerns at the intersection of Calle Del Cerro at Avenida Vista Montana; supports the staff recommendations.

Hudson Neuhausen supports the placement of a stop sign and a cross walk at the intersection of Calle Del Cerro and Avenida Vista Montana.

Madison Neuhausen supports staff recommendation; expressed safety concerns regarding the intersection of Calle Del Cerro and Avenida Vista Montana.

Luke Neuhausen supports the installation of stop signs at the intersection of Calle Del Cerro and Avenida Vista Montana due to safety concerns.

Jim Provance, San Clemente, opined that e-bikes utilizing the full lane on Calle Del Cerro is a safety hazard.

Jennifer Rohles encouraged Council to support the installation of the traffic calming measures on Calle Del Cerro and Avenida Vista Montana.

Geoff Harris, San Clemente, supports the installation of a stop sign and other measures at the intersection of Calle Del Cerro and Avenida Vista Montana due to street conditions.

Kortney Morrow, San Clemente, encouraged Council to adopt staff recommendation; expressed safety concerns.

Hal Strong, San Clemente, supports the recommended traffic calming measures on Calle Del Cerro and Avenida Vista Montana due to safety concerns.

Al Aflleje, San Clemente, expressed safety concerns for the Villaggio II community; supports the recommended traffic calming measures but expressed concerns regarding the bike lanes.

Bill Ruth, San Clemente, expressed safety concerns; encouraged Council to adopt staff recommendation.

Adam Arredondo, San Clemente, supports staff recommendation.

Cisset Arredondo, San Clemente, supports the traffic calming measures on Calle Del Cerro and Avenida Vista Montana.

7 City Council Regular Meeting Minutes March 7, 2023
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-0-1(Mayor Pro Tem Knoblock recused), to:

1. Approve the project plans for restriping Calle Del Cerro for bicycle lane facilities.

2. Adopt Resolution No. 23-05 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTION NO 1846, ESTABLISHING “THROUGH STREETS AND STOP INTERSECTIONS” ON CALLE DEL CERRO AT
AVENIDA VISTA MONTANA (EAST).

3. Direct staff to contact the San Clemente Business Park Master Association to communicate residents’ concerns about speeding traffic on Calle Del Cerro and request them to notify their employees to observe the speed limit on Calle Del Cerro in the residential areas.

4. Direct staff to contact the Master Home Owners Association and review the tract landscaping plans regarding the intersection of Avenida Vista Montana (east) with the intention for solutions for vehicular interactions at the intersection of Avenida Vista Montana (east) and Calle Del Cerro.

5. Direct staff to contact the Orange County Sheriff's Department for additional spot enforcement at the intersection of Avenida Vista Montana (east) and Calle Del Cerro for observing the stop signs after installing the stop signs and at the bottom of the hill toward Avenida Pico for speed enforcement.

AYE: Cabral, Enmeier, James and Mayor Duncan
NOE: None
RECUSED: Knoblock
Traffic Barrier
Council requested City Manager Hall provide a memo to Council concerning options regarding a traffic barrier at the T intersection of Calle Del Cerro and Avenida Vista Montana to protect the residences in Villagio II.

Mayor Pro Tem Knoblock returned to the dais at 9:19 p.m.

8 City Council Regular Meeting Minutes March 7, 2023
F. CONTRACT AMENDMENT - LEGISLATIVE ADVOCACY SERVICES
AQ expressed concerns regarding the contract amendment and associated costs.

City Manager Hall requested a continuance on this item to provide additional information to Council.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue this item.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
A. IMPLEMENTATION OF EMERGENCY ACTIONS TO ASSIST UNSHELTERED

INDIVIDUALS DURING TIMES OF INCLEMENT WEATHER
This item was heard before the Consent Calendar, please reference page 4 of these minutes for a summary of action.

City Manager Hall narrated a PowerPoint presentation entitled "Provision of Assistance to Unsheltered Persons During Inclement Weather Events" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Darryl McFann, San Clemente, opined that the temporary campsite on Avenida Pico for homeless individuals grew the homeless population; opposes the City distributing inclement weather items.

Susan Hennebry, San Clemente, opined that the City cannot take on the responsibility of providing for the homeless; suggested that faith based groups should be providing for the homeless and utilizing their resources to assist the homeless.

Javier Arnoni spoke on the potential impacts to the City by providing inclement weather items to individuals experiencing homelessness.

Jill Watson, San Clemente, opined that the City should not have a shelter; faith based groups should take a larger role in caring for the homeless.

9 City Council Regular Meeting Minutes March 7, 2023
Stuart Anderson spoke in support of the City offering inclement weather items to homeless individuals.

Donna Vidrine, Co-Chair of the San Clemente Homeless Collaborative, encouraged the City to provide inclement weather items.

Cord Bauer, San Clemente, recited data provided by the Orange County Sheriff Department concerning the Santa Ana riverbed homeless issue; opined that providing items during inclement weather to individuals experiencing homelessness would not solve the problem.

Michelle Brooks, San Clemente, opposed the implementation of inclement weather items and commented on the impacts of homelessness on the City and its citizens.

Kathy Esfahani, San Clemente, supports the City providing inclement weather items for the homeless and encouraged the City to work with other municipalities to provide a shelter.

AQ voiced concern with the legal implications of this item as it relates to the litigation with Emergency Shelter Coalition.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, to hire a private security firm to enforce ordinances on the beach and utilize the $50,000 that was earmarked for the implementation of emergency measures to be used toward the security firm.

Substitute motion by Mayor Duncan, second by Councilmember Enmeier, FAILED 2-3 (Councilmember Cabral, Councilmember James and Mayor Pro Tem Knoblock voting Noe) to hire a private security firm and allow the City Manager to take immediate action on inclement weather actions in an amount up to $50,000.

AYE: Enmeier and Knoblock
NOE: Cabral, James and Mayor Duncan
The original motion on the floor was voted on and CARRIED 5-0. For ease of reference, the action taken was as follows:

Hire a private security firm to enforce ordinances on the beach and utilize the $50,000 that was earmarked for the implementation of emergency measures to be used toward the security firm.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

10 City Council Regular Meeting Minutes March 7, 2023
County Collaboration Concerning Homeless Housing Resources Motion by Councilmember James, second by Councilmember Cabral, CARRIED 4-1 (Councilmember Enmeier voting Noe), to direct the City Manager to collaborate with the County of Orange concerning housing opportunities, including shelters, with the direction that no shelters are to be built in San Clemente.

AYE: Cabral, James, Knoblock and Mayor Duncan
NOE: Enmeier
B. INITIATION OF PEDESTRIAN STREET ENCROACHMENT ORDINANCE Deputy Community Development Director Atamian reviewed the contents of the Administrative Report.

Donna Vidrine spoke in opposition to the recommended code amendment concerning pedestrian street encroachment.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to initiate an amendment to the San Clemente Municipal Code to regulate dangerous pedestrian encroachments on public streets.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. CODE ENFORCEMENT LEGAL SERVICES
Deputy Community Development Director Atamian reviewed the contents of the Administrative Report, and along with Matt Silver, Civica Law Group, APC, responded to Council inquiries.

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

1. Direct staff to terminate contract C19-80 by and between the City of San Clemente and Silver & Wright LLP, providing for code enforcement legal services.

2. Direct staff to terminate contract C19-81 by and between the City of San Clemente and Silver & Wright LLP, providing for municipal citation legal services.

3. Approve, and authorize the City Manager to execute, Contract No. C23-10, by and between the City of San Clemente and Civica Law Group, APC, providing for code enforcement legal services for a prorated, not-to-exceed amount of $62,000 for FY 2022-23, and renew annually each fiscal year for a not-to-exceed amount of $186,000, subject to approval through the annual budget adoption.

4. Approve, and authorize the City Manager to execute, Contract No. C23-11,

11 City Council Regular Meeting Minutes March 7, 2023
by and between the City of San Clemente and Civica Law Group, APC, providing for municipal citation legal services for a prorated, not-to-exceed amount of $33,200 for FY 2022-23, and renew annually each fiscal year for a not-to-exceed amount of $99,600, subject to approval through the annual budget adoption.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. CODE AMENDMENT - CITY MANAGER AUTHORITY TO DISPOSE OF

CLAIMS AGAINST THE CITY
City Attorney Smith reviewed the contents of the Administrative Report dated March 7, 2023, and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0 to introduce Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE CITY MANAGER’S AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

10. Oral Communications (Part 2)
None.

11. Reports
A. Commissions and Committees
(1) RESIGNATION OF RYAN BOURQUE FROM THE INVESTMENT ADVISORY

COMMITTEE
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to defer the recruitment of the vacancy on the Investment Advisory Committee to April/May 2023 when all other City Commission and Committee vacancies are advertised.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. City Manager
Public Meeting Participation
City Manager Hall recognized the participating citizens at this evenings meeting for voicing their opinions and concerns to the Council.

12 City Council Regular Meeting Minutes March 7, 2023
C. City Attorney
Lyft Consent Decree
City Attorney Smith announced that the consent decree the city is engaged in with the Department of Justice concerning Americans with Disabilities access under the Lyft last mile program is ending the week of March 13, 2023.

D. Council Members
Citizens Amphitheater Committee Appointment
Councilmember Cabral announced that his appointment to the Citizens Amphitheater Committee is Amanda Quintanilla.

Information Technology Committee
Councilmember James, with the support of Mayor Pro Tem Knoblock and Councilmember Cabral, requested that the City evaluate establishing a Citizens Information Technology Committee.

West Coast Arborist Funding
Councilmember James requested clarification concerning the West Coast Arborist tree trimming contract and the amount of funding available to continue tree trimming work within the City.

City Hall Parking Lot Fencing
Councilmember James voiced concern regarding vandalism incidents in the City Hall parking lot; requested that City Manager Hall provide a memo to update Council concerning the parking lot fencing project for the Orange County Sheriff Vehicles and personal vehicles driven by Sheriff personnel.

Transient Occupancy Tax Study
Councilmember James, with the support of Mayor Duncan, requested that the City study transient occupancy tax from Pismo Beach to Imperial Beach; report should be provided as part of the budget workshop.

E. Council Subcommittee Updates
Homeless Subcommittee
Councilmember Enmeier reported that the Homeless Subcommittee (Councilmembers Cabral and Enmeier) met with Dignity Moves and Mary Erickson Community Housing concerning their work in the community; announced that there will be a roundtable meeting with the subcommittee including stakeholders to discuss homelessness in San Clemente on Thursday, March 9, 2023.

13 City Council Regular Meeting Minutes March 7, 2023
Beach and Sand Nourishment Subcommittee
The Beach and Sand Nourishment Subcommittee (Councilmembers Cabral and Enmeier) narrated a PowerPoint presentation entitled "Sand Subcommittee Update" concerning beach erosion; identified areas of concern and made recommendations to the Council. A hard copy of the presentation is on file with the City Clerk.

Councilmember Cabral, with the support of Councilmember James and Mayor Duncan, agendized for the March 21, 2023 Council meeting, consideration of establishing a Coastal Protection Commission that will work solely on beach issues.

Council requested that the City Manager evaluate the feasibility of adding a Coastal Zone Administrator position and present the recommendation as part of the budget workshop.

Mayor Duncan requested an update on communications/collaboration with the City of Oceanside concerning their Coastal Zone Administrator position.

12. Adjournment
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 10:13 p.m. The next Regular Meeting will be held on March 21, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

This meeting was adjourned in memory of Huntington Beach Police Officer Nicholas Vella who died in the line of duty on February 19, 2022.

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

14 These minutes will be considered for approval at the Planning Commission meeting of 03-22-2023.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
March 8, 2023 @ 6:00 p.m.

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

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:01 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

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

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D. Karen Prescott-Loeffler (8:25 p.m. arrival); Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: None
Staff Present: Jonathan Lightfoot, Economic Development Officer, (Acting Commission Secretary)
Cecilia Gallardo-Daly, Community Development Director
Christopher Wright, Associate Planner II
Matthew Richardson, Assistant City Attorney

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of February 22, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE FEBRUARY 22, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.
1 Agenda Item: 6B(1)
Minutes of Regular Planning Commission Meeting of March 8, 2023 Page 2

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Zoning Amendment 22-366 – Zoning Permit Streamlining A request to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to:

A. Clarify planning permit review procedures to facilitate staff implementation and promote public understanding;
B Consolidate planning applications, making it easier for the public to understand which zoning permits are required and to submit applications, and reduce staff time on report writing, which allows the reallocation of those resources to other City priorities and review of other project applications. These amendments preserve findings for project consistency with planning documents, such as the General Plan, Zoning Ordinance, and Design Guidelines, use compatibility, quality design, historic preservations, and other planning issues. Therefore, the amendments maintain a focus on ensuring projects implement community goals and policies for quality of life;
C. Update the staff-level approval process for minor architectural changes.

Currently the Zoning Code has a “staff waiver” application that functions as a permit rather than a waiver. There are approval findings, an ability to add conditions, and types of eligible projects, including a broad category: “Other minor projects that do not substantially alter the visual appearance and/or architectural integrity of the property or structure.” The proposed Ordinance replaces the staff waiver application with an “Administrative Development Permit” to:
1) Replace criteria for review of administrative applications. Currently, there are required findings that would be replaced with objective general and project-specific standards, (e.g., projects that won’t affect characterdefining features of historic structures, such as a privacy fence constructed of certain materials). The general standards address design issues, such as architectural style, materials, colors, massing, scale, and historic considerations. The project-specific standards are additional objective criteria for eligible projects, such as types of windows that are minor for staff approval.
2 Minutes of Regular Planning Commission Meeting of March 8, 2023 Page 3 2) List types of eligible projects for staff approval that meet general and project standards. The existing broad category for eligible projects would be removed with a list of specific set of projects staff has authority to act upon.

This makes the administrative process more objective. The projects that don’t meet eligibility criteria would require a public hearing. Also, the City Planner would continue to have the authority to refer applications to a public hearing if finding a proposal has potential for significant public concern or impacts; and
3) Record of staff approvals would be included in City Council packets for transparency and public oversight of staff decisions. Currently, staff waiver decisions are reported to the Planning Commission in their agenda packet and the City Council reviews the minutes at the follow-up hearing with review of Planning Commission minutes.

D. Streamline the level of review required to approve several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown the project have not had issues of significant public concerns or impacts to prompt a higher level of public review.

Christopher Wright, Associate Planner II, narrated a PowerPoint Presentation entitled, “Zoning Permit Streamlining, ZA 22-36,” dated March 8, 2023. A copy of the Presentation is on file in Planning Division.

Chair McKhann opened the public hearing.

Larry Culbertson, San Clemente Historical Society President, requested staff clarify standards and guidelines; opined that reducing the level of review required for qualifying projects located near historic structures is not sufficient to protect the historic structure; recommended full environmental review of the proposed amendment due to its potential to negatively impact the environment; suggested complete overhauls of the Zoning Code and Planning Division are unnecessary.

Wayne Eggleston, former Planning Commissioner and City Councilmember, cautioned that the proposed revisions in the amendment may not sufficiently protect San Clemente’s assets, which are primarily the beach and historical structures; recounted an example whereby a less seasoned Planning Division official approved a large project on a Coastal Canyon lot that was ultimately unanimously denied by the California Coastal Commission. Advocated for more projects to require public hearings, including reviews of vacation rental units and development on any Coastal canyon or bluff, to protect neighbors’ property rights.

Acting Secretary Lightfoot read a letter submitted by Commissioner PrescottLoeffler detailing her concerns regarding proposed revisions that would eliminate or reduce public hearings on projects, as well as revisions to reduce the 500 feet review requirements for historical structures.
3 Minutes of Regular Planning Commission Meeting of March 8, 2023 Page 4 Commissioner Davis read his statement listing concerns he has with the proposed amendment. He thanked staff for their efforts and diligence; commented that although the proposed amendment is an attempt to reduce staff’s workload, it will also reduce the City’s oversight of projects that may result in negative impacts on the City and its residents; suggested increase in permit fees to cover the costs of the review process; confirmed the need for the Commission to ensure no negative impacts will occur before moving forward with changes.

Chair McKhann closed the public hearing.

Commissioner Prescott Loeffler arrived at 8:25 p.m. and noted she had been listening to the meeting via the City’s website while in transit from the airport to the meeting.

Discussion ensued regarding the proposed revisions as presented in the Summary of Proposed Permit Streamlining Items, dated March 8, 2023, as well as the corresponding red-lined and draft copies. Planner Wright responded to questions, provided clarifications and revised language when warranted; and suggested continuing discussion of the item to the next Commission meeting on March 22, 2023.

Commission Comments/Suggestions:
 Suggested that the Commission systematically review each streamlining proposal within Attachment 2, one at a time.
 Expressed a preference that public notice and hearings should be maintained. Streamlining of review from a public hearing decision to staff should not be pursued.
 Commented that protection of historic resources is important to the community so the review process should continue to reflect this.  Supported a change to allow the Planning Commission to appeal administrative approvals of minor architectural and site plan changes, in addition to City Council. This will provide added oversight and transparency of decisions.
 Supported consolidating public hearing applications in a way that preserves focus on General Plan consistency and quality of life. This will save time for staff, review authorities, and the public.
 Supported clarifying zoning regulations to facilitate consistent City implementation and use by the public, so long as the updated tables and language reflect the Commission’s recommendations for changes to the streamlining proposals
 The Commission provided recommendations on support or modifications to item numbers 1-10 of Attachment 2, which summarized the proposed streamlining initiatives. Staff tracked and annotated the recommendations, which are generally summarized above.
4 Minutes of Regular Planning Commission Meeting of March 8, 2023 Page 5  The Commission expressed a desire to continue discussion of the streamlining initiatives to complete their review of item numbers 11-17 of Attachment 2 at the next Planning Commission meeting.

Staff indicated that a memo would be prepared for the March 22nd meeting, but that the primary report materials would remain the same for the continuance.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO CONTINUE ZONING AMENDMENT 22-366, ZONING PERMIT STREAMLINING, TO THE MEETING OF MARCH 22, 2023.
[ITEM CONTINUED. PLANNING COMMISSION DECISION PENDING.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None

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

In response to a request, Acting Secretary Lightfoot advised Commissioners desiring a hard copy of the Zoning Code should email him.

Commissioner Crandell reported that he witnessed loud revving of engines at City street lights by drivers exiting the Saturday Car Show; requested Code Compliance follow up to ensure employees/volunteers are stationed at exits and on hand to provide oversight as per the car show’s permit conditions of approval.

12. ADJOURNMENT

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY CHAIR PRO TEM CAMP AND UNANIMOUSLY CARRIED TO ADJOURN AT 10:10 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON MARCH 22, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.
5 Minutes of Regular Planning Commission Meeting of March 8, 2023 Page 6 Respectfully submitted,
Scott McKhann, Chairman
Attest:

Jonathan Lightfoot, Economic Development Officer
6 1
Agenda Item: 6C(1)
2 3
4 5
6 7
8 9
10 11
12 13
14 1
Agenda Item: 6C(2)
2 3
4 5
6 7
8 9

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6D
Department: Public Works
Prepared By Steve Fritzsch, Maintenance Inspection Coordinator Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR TREE AND PALM PLANTING ON CALLE DEL CERRO AND AVENIDA VISTA MONTANA, PROJECT 12306
Fiscal Impact:

The project cost is $394,011.58, which is within the approved budget of $426,259.00 from the Fiscal Year 2023 Capital Improvements Program (CIP) budget 042-848-45300-000-12306.

Summary:

Marina Landscape, Inc. has completed the contract work for the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montana, Project No. 12306, in accordance with the contract documents. Staff recommends that the City Council accept the project.

Discussion:

On February 15, 2022, the City Council approved a contract (#C22-09) with Marina Landscape, Inc. from Orange, California to plant 416 trees and palms in medians and parkways on Calle Del Cerro and Avenida Vista Montana. The purpose of the project was to plant new trees and palms to replace previously removed trees, which were causing damage to roadway pavement and other City hardscape as well as to replace trees that were dead or dying from untreatable pest infestation.

The project was funded through the Fiscal Year 2023 Capital Improvements Program (CIP) budget 042-848-45300-000-12306. The proposed Notice of Completion (Attachment 2) will be filed with the County Recorder’s Office certifying the project completion.

Recommended Actions:

Staff Recommendation

1. Accept the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montana, Project No. 12306;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista Montana, Project No. 12306;

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Maintenance Services Division that no liens CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/15/2023
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Meeting Date: 3/21/2023 Agenda Item: 6D
have been levied against Marina Landscape, Inc.; and

4. Authorize the City Clerk to release the Performance Bond.

Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report Dated February 15, 2022.

Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/15/2023
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Attachment 1
Project site on Calle Del Cerro
and Avenida Vista Montana.
3 Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: Tree and palm planting on Calle Del Cerro and Avenida Vista Montana, Project No. 12306.

2. Date of completion: January 31, 2023.

3. Street address or legal description of the project site: Medians and parkways on Calle Del Cerro and Avenida Vista Montana in the City of San Clemente.

4. Name of owner: City of San Clemente.

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

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

7. Name and address of contractor: Marina Landscape, Inc. 3707 W. Garden Grove Blvd., Suite 200, Orange, CA 92868.

I am the Public Works Director for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Kiel Koger, Public Works Director
City of San Clemente
4 Attachment 3
5 6
7 8
9 10
11 ORDINANCE NO. 1749

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA AMENDING SECTION

2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE
RELATING TO THE CITY MANAGER’S AUTHORITY TO

DISPOSE OF CLAIMS AGAINST THE CITY
WHEREAS, Section 2.08.090 of the San Clemente Municipal Code sets forth, inter alia, the additional powers and duties of the City Manager; and WHEREAS, Subdivision (R) of Section 2.08.090, “Allowance and Settlement of Claims,” delegates to the City Manager or designee the authority to deny and/or compromise claims of up to $10,000; and
WHEREAS, the City Council, by Section 1 of Resolution No. 07-78, authorized the City Manager to take any administrative actions necessary to resolve claims against the City up to a cap of $30,000; and
WHEREAS, the City Council desires to reconcile this discrepancy by amending the Municipal Code to allow the Council to set this claims disposition authority by resolution of the City Council; and
WHEREAS, this action will reconcile SCMC Section 2.08.090 and Resolution No. 07-78 allow the Council to adjust this cap in the future more efficiently without the more cumbersome and time-consuming process of amending the Municipal Code.

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

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

Subdivision (R) of Section 2.08.090, “Same—Additional powers and duties,” of the San Clemente Municipal Code is hereby amended in its entirety to read as follows:
“2.08.090 – Same—Additional powers and duties.
. . .

R. Allowance and Settlement of Claims. Allowance and
Settlement of Claims. The City Manager or his or her designee shall review all claims filed against the City, its officers, agents or employees pursuant to Government Code Section 900, et seq. The City Manager or his or her designee shall have the authority to deny claims and to compromise any claim by payment of an amount not greater than ten thousand dollars ($10,000.00) up to the amount approved by resolution of the City Council. The City Manager shall periodically report to the 1 Agenda Item: 6E
City Council regarding the status of all claims which have been denied or compromised.”
The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (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.

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.

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

This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this _____ day of _____, 2023.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
2 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. _______ having been regularly introduced at the meeting of __________ __, 2023, 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 ____, 2023, 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 __________, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________

CITY ATTORNEY
55452.01100\41059964.1
3 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6F
Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer- Traffic
Subject:

APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR THE AVENIDA PICO CLASS 1 BIKE/PED PATH PHASE 1, PROJECT NO. 17337 AND AVENIDA PICO WIDENING I-5 TO FRONTERA, PROJECT NO. 18325 Fiscal Impact:

The anticipated First Amendment fiscal impact will be $16,500. Adequate funding remains within the approved project budget of $132,597 from the Regional Circulation Financing and Phasing Programs (RCFPP) Fund for the amendment.

Summary:

Staff recommends approval of the First Amendment to the Professional Services Agreement with Stantec to provide additional evaluation and design services for the Avenida Pico Class 1 Bike/Pedestrian Path and Class 2 Bike Lane.

Background:

The City’s General Plan and the Bike and Pedestrian Master Plan embody a new off-street Class 1 bike path on or adjacent to Avenida Pico from Camino Vera Cruz to El Camino Real and Class 2 bike lanes on Avenida Pico from Calle De Los Molinos to Calle Del Cerro.

In order to help achieve those goals and fill gaps in the bicycle and pedestrian network (See Attachment 1), on December 15, 2020, City Council approved a Professional Services Agreement with Stantec (See Attachment 2) for the design services of a Class 1 off-street Bike/Pedestrian path adjacent Avenida Pico from Calle Frontera to Camino Vera Cruz (Project No. 17337) and a Class 2 Bike Lane reconfiguration of Avenida Pico from the I-5 Freeway to Calle Frontera (Project 18325).

In accordance with the approved agreement, Stantec forecasted traffic volumes calculated with the collected traffic volume and the General Plan Amendment with Los Patrones extension, and submitted a Draft Traffic Signal Memorandum for City review and approval. During the review process, City staff determined that the San Clemente Housing Element Update should be reflected in the Draft Memorandum and requested Stantec to revise their study by applying the traffic growth factor of 7% based on the buildout year of the housing element. The Amended Scope of Work also extends the term of the Agreement and includes the additional cost for Stantec project management for additional meetings with City staff due to City staff turnover.

Since the above revision was not in the original scope of work, Stantec submitted a change order proposal for the additional service of $16,500 (See Attachment 3). City staff has reviewed the proposal and recommends approval in the total amount of $16,500 containing the change order CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6F
proposal and recommends approval in the total amount of $16,500 containing the change order amounts as shown below:

Housing Element Design Change Order: $8,500
Additional Project Management/Meetings: $8,000
------------------------------------------------------------------------- Total Amount: $16,500
Discussion:

Staff recommends approval of the First Amendment to the Professional Services Agreement with Stantec to provide additional evaluation and design services for the Avenida Pico Class 1 Bike/Pedestrian Path and Class 2 Bike Lane.

City Council Options and Recommended Actions:

City Council Options:
· Approval of the First Amendment to the Professional Services Agreement. · Modify and approve the First Amendment to the Processional Services Agreement. · Continue to the Item with direction to provide additional information. · Deny the request to Amend the Professional Services Agreement.

Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to the Professional Services Agreement by and between the City of San Clemente and Stantec. If approved, the amendment would increase the total contract amount from $367,403 to $383,903 ($16,500), and extend the term of the Agreement to December 31, 2023.

Attachment:

1. Location Map

2. Professional Services Agreement with Stantec

3. First Amendment & Scope of Work
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/16/2023
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Attachment 2
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 ATTACHMENT 3

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

AVENIDA PICO BIKEWAY IMPROVEMENTS PROJECTS

This First Amendment to Professional Consultant Services Agreement for Avenida Pico Bikeway Improvements Projects (this “First Amendment”) is made and entered into on this ____day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Stantec Consulting Services, Inc. (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Avenida Pico Bikeway Improvements Projects, Project No. 17337 and No. 18325 (the “Agreement”) on December 15, 2020 .

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

C O V E N A N T S:

Section 3.1 of the Agreement is hereby amended to extend the Term of the Agreement to December 31, 2023.

Section 3.3 of the Agreement is hereby amended by increasing the total compensation from Three Hundred Sixty Seven Thousands and Four Hundred and Three Dollars ($367,403) to Three Hundred Eighty Three Thousands and Nine Hundred and Three Dollars ($383,903).

Consultant shall also perform those services described in Exhibit “A” to this First Amendment, which is attached hereto and incorporated herein by this reference.

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

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

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Stantec Consulting Services Inc.
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20___
40 ATTACHMENT 3
EXHIBIT “A”
41 Stantec Consulting Services Inc.
38 Technology Drive, Suite 200, Irvine CA 92618-5312

March 1, 2023
File: 204281034
Attention: Mr. Ryan Kim, PE
City of San Clemente
Department of Public Works
910 Calle Negocio
San Clemente, CA 92673
Transmitted via email to [email protected]
Dear Mr. Kim,
Reference: Proposal to Revise the Traffic Analysis Memorandum for the Avenida Pico Bikeway Improvements Project 1 to include the City’s Housing Element Update Stantec Consulting Services Inc. (Stantec) appreciates the opportunity to provide you with this proposal to revise the Avenida Pico Bikeway traffic analysis based on update of the Housing Element for the City of San Clemente, California. We have confirmed, based on review of a previous traffic study prepared by the County for the Los Patrones extension, that a traffic model run is not required to develop the updated traffic forecasts within the Avenida Pico Bikeway study area. The City has provided Stantec with the San Clemente Housing Element Update Transportation Impact Study, June 2021, from which a 7% traffic volume growth factor has been derived for use in updating forecasts for the revised Avenida Pico Bikeway Improvements Project 1 traffic analysis. We have obtained concurrence from the City on this traffic growth factor through previous meetings and discussion. Based on the above, we have prepared the attached Scope of Work and Fee Estimate (Attachment A) for your consideration.

Thank you for the opportunity to assist you with this very important project for the City of San Clemente.

Feel free to contact Keith or Jeff if you have any questions or would like to discuss our proposal in greater detail. This proposal is valid for 90 days.

Sincerely,
Stantec Consulting Services Inc.

Keith Rutherfurd TE Jeff Wilkerson PE
Principal Senior Associate
Phone: (949) 322-8196 Phone: (949) 929-1449
[email protected] [email protected] Attachment: Attachment A – Scope of Work, Schedule, and Fee Estimate c. Zak Ponsen, City of San Clemente
Keith Rutherfurd, Stantec
42 ATTACHMENT A

SCOPE OF WORK, SCHEDULE, AND FEE ESTIMATE

PROPOSAL TO REVISE THE TRAFFIC ANALYSIS MEMORANDUM FOR THE AVENIDA PICO BIKEWAY IMPROVEMENTS PROJECT 1 TO INCLUDE THE CITY’S HOUSING ELEMENT UPDATE Project Understanding
The City of San Clemente is updating the Housing Element of the current adopted General Plan, which includes a list of potential rezone sites. These sites may, in the future, be rezoned to add an overlay that allows housing development which would add up to 2,481 dwelling units. This work effort involves revising the existing Avenida Pico Bikeway Improvements Project 1 traffic analysis based on future traffic volumes resulting from the additional dwelling units included in the Housing Element update.

For this work effort, Stantec will use a growth factor derived from the San Clemente Housing Element Update Transportation Impact Study, June 2021, to increase existing General Plan volume forecasts to include Housing Element update volumes. Based on review of the housing element update traffic study, a 7% growth rate has been approved through discussion with the City.

Scope of Work
I. The update of the Avenida Pico Bikeway Improvements Project 1 traffic analysis will consist of the following tasks:
a. Update the 2035 General Plan No-Project and Project Alternatives 2 and 3 improvement scenarios ICU/LOS and queuing analyses (Alternative 1 is to be deleted), based on the updated (factored) traffic forecasts.
b. Revise the report text, figures, and tables, as needed based on the revised analysis. c. An additional 40 hours to be used for project management, meetings, coordination, and additional design efforts.

Schedule
Task I of the scope of work described above would be completed in approximately four weeks after receiving authorization to proceed.

Fee
We will provide the services outlined in the above Scope of Work for a fee of $16,500 as shown in the table below with payments in accordance with the current Professional Consultant Services Agreement for the design of Avenida Pico Class 1 bike/ped project, City Project Number 17337 (December 2020). All other items and conditions of the original Agreement shall remain in full force and effect.

Task Fee
Housing Element Design Change Order $8,500
Additional Project Management/Meetings $8,000
Total Amount $16,500
43 Exclusions
The above scope of work specifically excludes the following:
a. Collection of existing condition traffic counts
b. Model runs and analysis
c. Conceptual or final geometric design (except for updating Avenida Pico Project Alts. 2 and 3) 44 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6I
Department: Community Development
Prepared By Christopher Wright, Associate Planner II
Subject:
2022 GENERAL PLAN ANNUAL PROGRESS REPORT
Fiscal Impact:

There is not an anticipated direct fiscal impact. This item provides a status update on existing plans and programs. It does not initiate new projects that involve expenditures.

Summary:

State law requires the City to provide an annual progress report on the implementation of the General Plan. The report must be presented to the City Council for its review and acceptance and then submitted to the State. Staff recommends the City Council accept the General Plan 2022 Annual Progress Report (APR) and direct staff to submit a copy to the State to meet requirements.

Background:

California Government Code Section 65400 requires the City to prepare an annual status report on Centennial General Plan implementation. The annual progress report must be presented to City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the State Office of Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information to the City Council to assess how the General Plan is being implemented. The report also provides State required information regarding the City’s progress in meeting its share of regional housing needs.

Discussion:

The General Plan 2022 APR (Attachment 2) describes major actions taken in 2022 to implement the General Plan according to City Council priorities. The APR is organized in four sections: 1) Introduction, 2) General Plan Status and Amendments, 3) Strategic Implementation Program, and 4) Housing Activity and Programs. Appendix A includes HCD forms for Housing Element 2022 reporting. 2022 Accomplishments by Department
Beaches, Parks, and Recreation
· Environmental review (CEQA) initiated for Richard T. Steed Memorial Park Master Plan Update.
· Initiated design for planned pickle ball court complex at Richard T. Steed Memorial Park.

CITY OF SAN CLEMENTE Page 1 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6I
City Manager
· The City conducted a Healthcare Roundtable in April 2022, bringing in executives from several Southern California hospital systems, to discuss facilities in San Clemente and the trajectory of the healthcare industry.
· The City hosted a workshop on Community Choice Energy in July 2022. · The City conducted a listening session in November of 2022 regarding the plans for potential HOV expansion along the I-5 freeway through San Clemente. · The City coordinated several trainings with the Small Business Development Center (SBDC), including a grant program “Main Street Digital” in fall 2022. · The City hired a consultant (New City America) to investigate a Business Improvement District (BID) in downtown. The results showed that property owners were not currently supportive of initiating a BID.
· Began recruitment for a new Chief of Police Services and new City Manager.

Community Development
· Adopted 6th Cycle 2021-2029 Housing Element approved by the California Department of Housing and Community Development (HCD).
· Adopted Safety Element.
· Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
· Adopted 2022 California Building Codes.
· Updated all City’s Specific Plans for General Plan, Zoning Code, and state and federal law consistency.
· Adopted SB9 implementation ordinance and fee schedule consistent with state law. · Adopted Accessory Dwelling Unit ordinance consistent with state law. · Implemented new permit tracking software system (Central Square). · Initiated permit streamlining code amendments.
· Initiated zoning code amendments to implement programs in the adopted Housing Element. · Received $500,000 grant from the California Coastal Commission for a Nature Based Coastal Resiliency Feasibility Study to develop sand retention pilot projects. · Resumed the Shoreline Monitoring Program to measure changes in the shoreline to determine beach erosion hotspots.
· Provided annual Water Efficient Landscape Ordinance data to California Department of Water Resources (DWR).
· Local data exchange for 2019-2050 Orange County Growth Forecast Projections in conjunction with Southern California Association of Governments (SCAG). · Maintained Development Story Map providing information on current planning projects to the public.

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Meeting Date: 3/21/2023 Agenda Item: 6I
Public Safety
· Pursued and obtained over $14,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
· Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study. · Over 1,800 swimmers in distress were physically rescued by ocean lifeguards, over 26,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,000 medical aids were performed.

Public Works
· Renewed the Pedestrian Audible Warning Systems (PAWS) waiver in April 2021 and will begin the process again in fall 2023.
· Completed Council Chambers at City Hall.
· Completed Marine Safety Building relocation study.
· Completed pavement rehabilitation of 30 miles of City streets. · Completed Steed Park ballfield light project.
· Started sidewalk rehabilitation of Avenida Cabrillo.

Utilities
· Improved utility infrastructure. Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems.

Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, Water Reclamation Plant (WRP) Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade. · Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024. · Worked with customers to meet waste recycling and diversion requirements. Response: CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers.
· Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion.

City Council Options and Recommended Actions:

City Council Options
· Adopt Resolution 23-06 accepting the General Plan 2022 Annual Progress Report. · Continue the Item with direction to provide additional information. · Provide specific direction to the City Manager for action. · Deny Resolution 23-06 with direction to reconsider the Item.

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6I
Staff Recommendation

1. Adopt Resolution No. 23-06 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE GENERAL PLAN 2022 ANNUAL PROGRESS REPORT”; and

2. Direct staff to submit the 2022 APR to the State as required by law.

Attachments:

1. Resolution for General Plan 2022 APR

2. General Plan 2022 APR
Appendix A - Housing Reporting Data for 2022
Appendix B - Zoning Amendments for Housing Element Implementation Notification:

Agenda posted at City facilities.

CITY OF SAN CLEMENTE Page 4 of 4 Printed on 3/16/2023
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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING THE
GENERAL PLAN 2022 ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires cities and counties to have an adopted General Plan to provide guidance on land use decisions; and WHEREAS, on February 4, 2014, the City Council approved the Centennial General Plan, dated February 2014, and certified Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2013041021, mitigation monitoring program, and statements of overriding consideration; and
WHEREAS, the City of San Clemente Centennial General Plan (“General Plan”) is the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. The plan guides land use and physical development of the geographic area of the incorporated City limits; and

WHEREAS, the General Plan contains the seven State-required elements and six additional elements, as follows: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance; and
WHEREAS, each element of the General Plan has a set of goals and policies that are intended to achieve specific objectives. The City’s Strategic Implementation Program (SIP), updated each fiscal year, lists and prioritizes specific projects and ongoing programs or “Implementation Measures” that align with goals and policies in General Plan Elements, excluding Housing. For the Housing Element, implementation measures are included in a Housing Action Plan certified by the California Department of Housing and Community Development (“HCD”) with the Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status and progress in the implementation of the City’s General Plan and Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(B) requires the City to include in the Annual Progress Report (APR) the City’s progress in meeting its share of regional housing needs; and
WHEREAS, California Code of Regulations, Title 25, Division 1, Chapter 6, Sections 6200, et seq., requires the City to use in the report forms and definitions adopted by the California Department of Housing and Community Development (“HCD”) to report on the status and progress implementing the City’s Housing 5 Resolution No. Page 2
Element; and
WHEREAS, California Government Code Section 65400(a)(2)(F) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor’s Office of Planning and Research (“OPR”) and HCD by April of each year; and
WHEREAS, the Planning Division has determined in accordance with the California Environmental Quality Act (CEQA) that the General Plan 2022 Annual Progress Report (“2022 APR”) is not a project under the California Environmental Quality Act (CEQA). The APR is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions; and
WHEREAS, on March 21, 2023, the City Council of the City of San Clemente held a public meeting on the 2022 APR, considered written and oral comments, and facts and evidence presented by City staff, and other interested parties. The 2022 APR is included as Attachment 2 of the March 21, 2023 City Council staff report, incorporated herein by reference.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.

Section 2. CEQA Findings.

The Progress Report is not a project under the California Environmental Quality Act (CEQA) because the report is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions.

Section 3. Acceptance of 2022 APR
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council, pursuant to Section 65400(a)(2) of the Government Code, has reviewed the 2022 APR that is Attachment 2 to the March 21, 2023 City Council staff report, incorporated herein by reference. The City Council accepts and finds the 2022 APR:

A. Adequately assesses the status of the General Plan and Housing Element and its implementation;
6 Resolution No. Page 3
B. Provides information regarding the City’s progress in meeting its share of regional housing needs;
C. Uses the forms and definitions adopted by HCD to report on the status and progress in implementing the City’s Housing Element;
D. Adequately assesses the degree to which the General Plan complies with the General Plan Guidelines; and
E. Accurately documents the date of the last revision to the General Plan.

Section 4. Submission of Progress Report
Pursuant to California Government Code Section 65400(a)(2), the City shall submit the Progress Report to OPR and HCD.

Section 5. Certification.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
7 Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney

8 ATTACHMENT 2
San Clemente General Plan
2022 Annual Progress Report
Prepared by:
Community Development Department
910 Calle Negocio, Suite 100
San Clemente, CA 92673
949Ͳ361Ͳ6100
Contact:
Cecilia GallardoͲDaly
Community Development Director
March 2023
9 San Clemente 2022 Annual Progress Report 
i
Table of Contents
Section Page

1.0 Introduction....................................................................................................................... 1

2.0 General Plan Status and Amendments.............................................................................. 2

2.1 Background on Centennial General Plan ............................................................................ 2

2.2 Amendment Requirements and Process ............................................................................ 2

2.3 General Plan Amendments Adopted in 2022 ..................................................................... 3

2.4 Summary of General Plan Amendments ............................................................................. 3

3.0 Strategic Implementation Program.................................................................................... 4

3.1 Purpose and Update Process ............................................................................................. 4

3.2 Major Implemenation Activities for 2022 ............................................................................. 5

4.0 Housing Activity and Programs.......................................................................................... 7

4.1 Background on Housing Element ........................................................................................ 7

4.2 Activity on Applications, Permits, and Construction ............................................................ 8

4.3 Regional Housing Needs Allocation Progress (RHNA) ...................................................... 8

4.4 Sites Identified or Rezoned to Accommodate Housing Need ............................................. 9

4.5 Program Implementation Status .......................................................................................... 9

4.6 Density Bonus ................................................................................................................... 10

4.7 Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites ................... 10

4.8 Disposition of City-owned Properties on the Housing Element Sites Inventory ................ 10

4.9 Declared Surplus City-owned or Controlled Lands ......................................................... 11 Tables
Table 1 General Plan Amendments ......................................................................................... 3 Table 2 Adoption Dates for General Plan Elements ................................................................ 4 Table 3 Summary of 2022 Implementation Progress ................................................................ 5 Table 4 Housing Activity Summary ........................................................................................... 8 Table 5 RHNA Status for 6th Cycle ............................................................................................ 8 Table 6 Declared Surplus Sites ............................................................................................... 11 Appendices
Appendix A Housing Reporting Data for 2022 ...................................................................... 12 Appendix B City Housing Ordinance Updates ...................................................................... 56 10 San Clemente 2022 Annual Progress Report 

1.0 INTRODUCTION
California Government Code Section 65400 requires the City to prepare an annual report on the status of the Centennial General Plan and progress in its implementation. The annual progress report must be presented to the City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information for the City Council to assess how the General Plan is being implemented. Also, the report provides State required information regarding the City’s progress in meeting its share of regional housing needs. The State has guidelines for preparing the progress report that are general to allow flexibility in the form and content of reports, based on the circumstances, resources, and constraints for each jurisdiction.
On February 4, 2014, the City Council adopted the Centennial General Plan, the City’s comprehensive longͲterm policy document comprised of goals and policies for achieving San Clemente’s vision. Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are identified and evaluated separately in the Housing Action Plan certified by HCD with the 2021Ͳ2029 Housing Element. This 6th cycle of the Housing Element ends on October 15, 2029.
This report provides a 2022 General Plan Annual Progress Report (“2022 APR”) to fulfill the State requirements. The document is organized in four sections. 
Section Description

1. Introduction This section summarizes the purpose of the annual progress report.

2. General Plan Status
and Amendments.

This section provides background on the Centennial
General Plan, amendment requirements, and
amendments adopted in 2022.

3. Strategic
Implementation
Program.

Thissection describesthe SIP, provides a status update, and highlights major actions taken in 2022 to make
progress on goals and policies in the General Plan.

4. Housing Activity and
Programs
This section provides background on the Housing
Element and summary of housing activity and programs
in 2022. Appendix A includes HCD APR forms for
Housing Element 2022 reporting
1 11
San Clemente 2022 Annual Progress Report 

2.0 GENERAL PLAN STATUS AND AMENDMENTS

2.1Background on Centennial General Plan
The City’s Centennial General Plan was adopted in February 2014. The comprehensive longͲterm policy document is largely comprised of goals (what we want to achieve) and policies (how we accomplish these goals) for achieving San Clemente’s vision. It guides growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. Per State law, General Plans are required to include seven elements (Land Use, Housing, Circulation, Noise, Safety, Open Space and Conservation). The organization of these seven elements, and any optional elements, are determined by the local jurisdiction. The Centennial General Plan is made up of thirteen elements: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance. State law requires the Housing Element be updated in a cycle of at least every eight years, along with a Housing Action Plan for implementation of housing goals and policies. The most recent Housing Element, a midͲ term update, was approved by the City Council on October 10, 2017, and certified by the State on January 22, 2018. Similar to other jurisdictions, the City is in the process of pursuing State certification of a Housing Element update for 2022Ͳ2029.

Each element has a set of goals and policies that are intended to achieve specific objectives. Implementation measures for General Plan elements, other than Housing, are included in a Strategic Implementation Program (SIP). Housing implementation measures are included in Housing Element Action Plan.

2.2Amendment Requirements and Process
Local governments are required to keep their General Plans current and internally consistent.

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element that must be updated every eight years. Municipal Code Section 17.16.020 establishes procedures for the initiation of processing requests for a General Plan amendment. These procedures require that a General Plan amendment be initiated by either: 1) a majority vote of the City Council, or 2) the submittal of an application from a property owner or agent. Once initiated, the General Plan amendment and related environmental document is considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a public hearing. California Government Code Section 65358 allows required General Plan elements to be amended up to four times in a calendar year. 2 12
San Clemente 2022 Annual Progress Report 

2.3General Plan Amendments Adopted in 2022
In 2022, two General Plan Amendments (GPA) were adopted:
x Senior Housing and Medical Office.On November 1, 2022, the City adopted Resolution 22Ͳ40, approving GPA 22Ͳ097; changed the land use designation of a site at 654 Camino De Los Mares to construct a mixedͲuse project with 250 forͲrent senior residential units and a 7,500 square foot medical office. The GPA changed the land use designation from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4). x West Pico Corridor Specific Plan Update and Architectural Overlay Expansion. On October 18, 2022, the City adopted Resolution 22Ͳ39, approving GPA 21Ͳ238. This CityͲinitiated longͲrange planning updated the West Pico Corridor Specific Plan for consistency with the General Plan, Coastal Land Use Plan and Zoning; expanded the Architectural Overlay district; and changed the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057Ͳ020Ͳ45 and 057Ͳ020Ͳ67) to High Industrial from a split of Light Industrial and High Industrial.
x Housing Element and Safety Element Updates. On September 20, 2022, the City adopted Resolution 22Ͳ36, approving GPA 20Ͳ036; updates to the Housing Element and Safety Element according to State law.

2.4Summary of General Plan Amendments
Table 1 below presents a summary of General Plan amendments adopted up to December 31, 2022. Table 2 on the next page identifies the adoption dates for each of the General Plan elements. The General Plan as amended through 2022 complies with State General Plan guidelines to a high degree. The following information is provided consistent with the requirements of Government Code Section 65400(a)(2)(F). Table 1 – General Plan Amendments (as of December 31, 2022)1 Adoption
Date
Amendment
No.

Resolution
No. Project Name
11Ͳ1Ͳ22 22Ͳ097 22Ͳ40 Senior Housing and Medical Office 10Ͳ18Ͳ22 21Ͳ238 22Ͳ39 West Pico Corridor Specific Plan Update and Architectural Overlay Expansion
9Ͳ20Ͳ22 20Ͳ036 22Ͳ36 Housing Element and Safety Element Updates 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03 Roadway Systems Update
12Ͳ17Ͳ19 19Ͳ291 19Ͳ56 Pier Bowl Specific Plan Update
10Ͳ10Ͳ17 17Ͳ261 17Ͳ33 Housing Element MidͲterm Update 2013Ͳ2022 9Ͳ5Ͳ17 15Ͳ331 17Ͳ29 Housing Element 2013Ͳ2022 and Amendment to Emergency Shelter Overlay
12Ͳ20Ͳ16 16Ͳ374 16Ͳ75 CleanͲup Edits
10Ͳ18Ͳ16 16Ͳ319 16Ͳ64 Emergency Shelter Overlay
3 13
San Clemente 2022 Annual Progress Report 
Adoption
Date
Amendment
No.

Resolution
No. Project Name
5Ͳ23Ͳ16 16Ͳ002 16Ͳ13 Freeway Oriented Signs and Sign Exceptions 1Ͳ19Ͳ16 15Ͳ427 16Ͳ03 Camino De Los Mares Medical Zones 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,
15Ͳ48
Clarifications, Land Use Changes, and Addendum No.
1 to General Plan Final Environmental Impact Report
8Ͳ19Ͳ14 14Ͳ123 14Ͳ34 Emergency Shelter Overlay to Implement State law SB2
1 On February 4, 2014, the City adopted the Centennial General Plan (General Plan Amendment 13Ͳ043) via Resolution 14Ͳ01.

Table 2 – Adoption Dates for General Plan Elements (as of December 31, 2022) General Plan Element Adoption
Date
Amendment
No.

Resolution
No.

Land Use 11Ͳ1Ͳ22 22Ͳ097 22Ͳ40
Urban Design 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Historic Preservation 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Economic Development 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Mobility and Complete Streets 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Housing 9Ͳ20Ͳ22 20Ͳ036 22Ͳ36
Beaches, Parks and Recreation 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Natural Resources 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Coastal 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Safety 10Ͳ5Ͳ21 20Ͳ036 21Ͳ40
Public Services, Facilities and Utilities 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Growth Management 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03
Governance 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48

3.0 STRATEGIC IMPLEMENTATION PROGRAM

3.1Purpose and Update Process
Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are listed and evaluated separately in the Housing Action Plan. The SIP describes and ties implementation measures to elements and policies, and identifies the status, priority, and lead department for each action item.Annually, City departments review IMs they are responsible for, provide a status update and summary of accomplishments, and provide recommendations on which IMs to address in the following year. Additionally, departments may recommend SIP changes based on a review of resources, workload, prior Council direction, community need and interest, opportunities for efficiencies, and other criteria. The City annually updates the SIP with the budget for the next fiscal year to:
4 14
San Clemente 2022 Annual Progress Report 
• Ensure the General Plan responds to changing needs and conditions, and to commit resources to the community’s longͲterm vision;
• Evaluate progress towards goals by reviewing the status of IMs underway or completed; • Determine IMs to implement in the next fiscal year;
• Identify department or entity to lead and/or help carry out IMs.

Table 3.2 provides a summary of 2022 accomplishments toward implementing the General Plan according to the Strategic Implementation Program. The current SIP is on the City’s website at this link.

3.2Major Implementation Activities for 2022
Table 3 summarizes 2022 major actions to implement the General Plan. Table 3 – Summary of 2022 Implementation Progress
Department Implementation Actions
Beaches,
Parks, and
Recreation
x Environmental review (CEQA) initiated for Richard T. Steed Memorial Park Master Plan Update.
x Initiated design for planned pickle ball court complex at Richard T. Steed Memorial Park
City Manager x The City conducted a Healthcare Roundtable in April of 2022, bringing in executives from several Southern California hospital systems, to discuss facilities in San Clemente and the trajectory of the healthcare industry. x The City hosted a workshop on Community Choice Energy in July of 2022. x The City conducted a listening session in November of 2022 regarding the plans for potential HOV expansion along the IͲ5 freeway through San Clemente.
x The City coordinated several trainings with the SBDC, including a grant program “Main Street Digital” in the fall of 2022.
x The City hired a consultant (New City America) to investigate a BID in downtown. The results showed that property owners were not currently supportive of initiating a BID.
x Began recruitment for a new Chief of Police Services, City Attorney, and a new City Manager.
5 15
San Clemente 2022 Annual Progress Report 
Department Implementation Actions
Community
Development
x Adopted 6th Cycle 2021Ͳ2029 Housing Element approved by HCD. x Adopted Safety Element.
x Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
x Adopted 2022 California Building Codes.
x Updated all City’s Specific Plans for General Plan, Zoning Code, and state and federal law consistency.
x Adopted SB9 implementation ordinance and fee schedule consistent with state law.
x Adopted Accessory Dwelling Unit ordinance consistent with state law. x Implemented new permit tracking software system (Central Square). x Initiated permit streamlining code amendments.
x Initiated zoning code amendments to implement programs in the adopted Housing Element.
x Received $500,000 grant from the California Coastal Commission for a Nature Based Coastal Resiliency Feasibility Study to develop sand retention pilot projects.
x Resumed the Shoreline Monitoring Program to measure changes in the shoreline to determine beach erosion hotspots.
x Provided annual Water Efficient Landscape Ordinance data to DWR. x Local data exchange for 2019Ͳ2050 Orange County Growth Forecast Projections in conjunction with SCAG.
x Maintain Development Story Map providing information on current planning projects to the public.

Public Safety x Pursued and obtained over $14,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
x Continued to monitored and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study.
Over 1,800 swimmers in distress were physically rescued by ocean lifeguards, over 26,000 visitors were proactively warned or advised of dangers by onͲduty staff, and over 1,000 medical aids were performed.

Public Works x Renewed the PAWS waiver in April of 2021 and will begin the process again in fall of 2023.
x Completed Council Chambers at City Hall
x Completed Marine Safety Building relocation study
x Completed pavement rehabilitation of 30 miles of City streets x Completed Steed Park ballfield light project
x Started sidewalk rehabilitation of Avenida Cabrillo.
6 16
San Clemente 2022 Annual Progress Report 
Department Implementation Actions
Utilities x Improved utility infrastructure. Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems. Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, WRP Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade.
x Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024. x Worked with customers to meet waste recycling and diversion requirements. Response: CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers. x Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion.

4.0 HOUSING ACTIVITY AND PROGRAMS

4.1Background on Housing Element
The Housing Element was last adopted in 2022 for the 2021Ͳ2029 planning period.State law requires the preparation of a Housing Element as part of a jurisdiction's General Plan (Government Code Section 65302(c)). It is the primary planning guide for local jurisdictions to identify and prioritize the housing needs of the City and determine waysto best meetthese needs while balancing community objectives and resources. The 2022 Housing Element consists of five chapters, including: 1) Introduction; 2) Needs Assessment; 3) Housing Constraints, 4) Housing Resources, and 5) Housing Action Plan; and the Appendices. Guidelines adopted by HCD are also considered in the preparation of the Housing Element (Section 65585). Periodic review of the Housing Element is required to evaluate:

1. The appropriateness of its goals, objectives and policies in contributing to the attainment of the state housing goals;

2. The element’s effectiveness in attaining the City’s housing goals and objectives; and

3. The progress of the element’s implementation (Section 65588). Implementation programs are in the Housing Action Plan of the certified Housing Element. Progress in meeting the State Regional Housing Need Allocation (RHNA) and implementing programs in the Housing Action Plan is detailed in Appendix A and summarized below. 7 17
San Clemente 2022 Annual Progress Report 
The goals of the Housing Action Plan are to:

1. Provide adequate opportunities of new housing for persons at all economic levels as well as those with special needs by ensuring that the General Plan and Zoning Ordinance designate sufficient land at appropriate densities and in appropriate locations to accommodate the City’s share of regional housing needs, and

2. Create adequate opportunities for housing by facilitating the production of highͲquality affordable housing for lower income through inclusionary housing, incentives, direct financial assistance, and administrative support.


4.2Activity on Housing Applications, Permits, and Construction Table 4 is a summary of Appendix A information on 2022 housing activity for applications received (building permits and entitlements), entitlements, issued building permits, and finaled constructed units. Refer to Appendix A Tables A and A2 for a detailed inventory. Activity on housing units vary in terms of the steps completed to obtain permits and complete construction.

For example, a project could be initiated and completed in the same calendar year or portion of the development process can start in a calendar year and extend into the next APR. Table 4 – 2022 Housing Unit Activity
Income Level Proposed Units
ͲApplications
Entitled
Units
Units Issued
Permits
Constructed
Units
Very Low 20 20 0 0
Low 0 0 0 0
Moderate 37 12 28 16
Above Moderate 301 234 7 13
Total Units 358 266 35 26
Note: Extremely lowͲincome households are served by veryͲlow income units. 

4.3Regional Housing Needs Allocation (RHNA) Progress Progress on the State Regional Housing Needs Allocation is based on issued permits in a calendar year, not on units constructed. Refer to Appendix A, Table B for an annual accounting of RHNA progress for the 6th cycle Housing Element planning period from 10/15/2021 to 10/15/2029.

Table 5 below is a summary of the status of the City’s RHNA by income category based on 2022 permitting activity.
8 18
San Clemente 2022 Annual Progress Report 
Table 5 – RHNA Status for 5th Cycle – 10/15/21 to 10/15/29

4.4Sites Identified or Rezoned to Accommodate Housing Need There are adequate sitesto meet the City’sremaining RHNA for each income category so no sites need to be added to meet no net loss State requirements. As a result, Table C in Appendix A is blank.

4.5Program Implementation Status
The Housing Action Plan includes 17 programs listed below. Table D of Appendix A provides the 2022 status of program implementation. In addition to reoccurring program activities, in 2022 the City completed an evaluation of the inclusionary housing program (Program 5) and adopted an update the Housing Element with State certification pending.

1. Provide Adequate Sites and Monitoring for No Net Loss 2A. ByͲRight Approval for Projects with 20 Percent Affordable Units 2B. SB 35 Streamlining for Projects with Affordable Units

3. Lot Consolidation

4. Density Bonus Ordinance.

5. Affordable Housing Overlay

6. Inclusionary Housing Program

7. Affordable Housing Development

8. Accessory Dwelling Units (ADUs)
Income Level
RHNA
Allocation
by
Income
Level
2021 2022 Total units
to date
Remaining
RHNA by
Income
Level
Very Low Deed Restricted
282
0 0
NonͲDeed 0 282
Restricted
0 0
Low Deed Restricted
164
0 0
0 164
NonͲDeed
Restricted
0 0
Moderate Deed Restricted
188
0 0
NonͲDeed 33 155
Restricted 2 28
Above
Moderate  348 151 7 163 185
Total RHNA credit 982
Total Units 153 35 196 786
9 19
San Clemente 2022 Annual Progress Report 

9. Pursue Funding Sources and Programs

10. Acquisition and Conversion of MarketͲRate Housing to Affordable Housing

11. Sustainable Policies

12. Affirmatively Furthering Fair Housing

13. Social Services Grant Program

14. Zoning Ordinance Amendments

15. Monitoring of Emergency Shelter Overlay

16. Neighborhood Revitalization Program

17. Preserve AtͲRisk Housing

4.6Density Bonus
In November 2022, the City approved a density bonusfor an affordable housing project, SC Senior Housing and Medical Office Development, at 654 Camino De Los Mares SC Senior Housing and Medical Office Development. The project includes 30 veryͲlow income units and 230 aboveͲ moderate units with a 78 percent density bonus and exceptions for height, parking,, and open space. This is therefore included in Table E, Appendix A. 

4.7Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites In 2022, there were no dwelling units counted toward RHNA that were substantially rehabilitated, converted from nonͲaffordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). As a result, Table F in Appendix A is blank that is optional. 

4.8Disposition of CityͲowned Properties on the Housing Element Sites Inventory The City does not own properties listed in the Housing Element Sites Inventory so Table G in Appendix A is blank. Government Code section 65400.1 requires jurisdictions to list sites in APR Table G that are owned by a locality, included in the housing element sites inventory, and were sold, leased, or otherwise disposed of during the reporting year. The listing of sites must include the entity to whom the site was transferred, and the intended use of the site. 10 20
San Clemente 2022 Annual Progress Report 

4.9Declared Surplus CityͲowned or Controlled Lands The City has declared four of its properties as “surplussites”, defined in Government Code section 54221(b), that are owned in fee and unnecessary for the City’s use. The properties are identified in Table 6 below and in Appendix A, Table H. Government Code section 54230 requires localities to create an inventory of surplus lands, and lands in excess of its foreseeable needs, if any, pursuant to Section 50569. Surplus sites are located in a jurisdiction’s urbanized areas and urban clusters, as designated by the United States Census Bureau, that the jurisdiction owns or controls.

The entirety of San Clemente is designated as an urbanized area. Table 6 – Declared Surplus Sites

APN
Street
Address/Intersection
Existing
Use
Number
of Units
Surplus
Designation
Parcel Size
(in acres)
678Ͳ163Ͳ01 Avenida La Pata/West
Avenida Vista Hermosa
VacantN/A Surplus Land 2.29
690Ͳ372Ͳ03 754 Avenida Acapulco VacantN/A Surplus Land 0.17 690Ͳ012Ͳ01 100 Avenida Presidio VacantN/A Surplus Land 2.89 690Ͳ012Ͳ02 100 Avenida Presidio VacantN/A Surplus Land 1.82 11 21

APPENDIX A
Housing Element 2022 Annual Progress Report
This appendix includes 2022 reporting data on implementation of the certified 2021-2029 Housing Element Mid-term Update for the 6th cycle (10/15/2021 to 10/15/2029)
12 22
Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 28
7 35
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 1 2 13
2 to 4 3 5 0
5+ 250 0 0
ADU 12 28 16
MH 0 0 0
Total 266 35 29
75 358
358
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
13 23
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 20 0 0 0 0 37 301 358 358 0 057-031-07 109 REVUELTA B22-0164 ADU R 1/25/2022 1 1 1 No No No Approved057-033-46 128 AVENIDA B22-0977 SFD O 4/27/2022 1 1 1 No No No PENDING057-033-46 128 AVENIDA B22-1509 ADU R 7/13/2022 1 1 1 No No No PENDING057-091-11 AVENIDA DE LA B22-1374 SFD O 6/22/2022 1 1 1 No No No PENDING057-091-14 0 AVENIDA DE LA PAZ
B22-0968 SFD O 4/27/2022 1 1 1 No No No PENDING
057-153-17 115 E EL PORTAL
B
IC22-041, B22-1485
ADU R 7/7/2022 1 1 1 No No No PENDING Coastal Commission approval pending
057-161-04 1401 AVENIDA DE LA ESTRELLA IC22-269 ADU R 8/10/2022 1 1 1 No No No Approved057-162-03 1501 AVENIDA DE B22-1505 ADU R 7/13/2022 1 1 1 No No No Approved057-162-54 126 CALLE B22-1637 SFD O 8/1/2022 1 1 1 No No No PENDING058-052-41 103 W ESCALONES IC22-135 ADU R 4/18/2022 1 1 1 No No No Approved058-091-14 100 AVENIDA ROSA CHP22-008 2 to 4 R 1/10/2022 3 3 3 No No No Approved058-091-15 142 AVENIDA ROSA
B22-0186 2 to 4 R 1/26/2022 2 2 2 No No No Approved
058-091-43 130 AVENIDA
ROSA
B22-1885 2 to 4 R 9/7/2022 2 2 2 No No No PENDING
058-104-03 229 AVENIDA

MONTEREY
B22-1742 2 to 4 R 8/15/2022 2 2 2 No No No PENDING
058-104-03 229 AVENIDA

MONTEREY
B22-1829 ADU R 8/26/2022 1 1 1 No No No PENDING
058-112-09 247 AVENIDA DEL MAR IC22-160 ADU R 5/10/2022 1 1 1 No No No Approved058-113-67 259 AVENIDA

GRANADA
B22-1941 ADU R 9/13/2022 1 1 1 No No No PENDING
058-121-26 224 AVENIDA

MIRAMAR C
B22-0498, IC22-156
ADU R 3/2/2022 1 1 1 No No No PENDING
058-122-39 240 AVENIDA
SERRA
B22-0847 2 to 4 R 4/12/2022 2 2 2 No No No PENDING
060-243-27 2306 CALLE LA
SERNA
B22-0485 ADU R 3/2/2022 1 1 1 No No No PENDING
060-261-08 238 VIA RANCHO B22-0047 ADU R 1/12/2022 1 1 1 No No No PENDING060-271-03 227 CALLE

CAMPESINO B
B22-1469, IC-194 ADU R 7/5/2022 1 1 1 No No No PENDING
060-281-36 3824 CALLE
TIARA
B22-2584, IC22-414
SFD O 12/13/2022 1 1 1 No No No PENDING Coastal Commission approval pending
675-072-19 654 CAMINO DE LOSC Senior Housing and MMP22-089 5+ R 3/21/2022 20 230 250 250 No No No APPROVED675-171-11 9 VIA TUNAS B22-0558 SFD O 3/9/2022 1 1 1 No No No APPROVED675-174-29 20 MARANA B22-1701 SFD O 8/10/2022 1 1 1 No No No APPROVED675-174-50 8 MAR DEL REY B22-1097 SFD O 5/12/2022 1 1 1 No No No APPROVED675-193-02 27000 PASEO ACTIVO
B22-1473, VAR 21-001
SFD O 1/27/2022 1 1 1 No No No PENDING
675-226-14 3907 CALLE
ABRIL
B22-1706 ADU R 8/10/2022 1 1 1 No No No PENDING
680-191-30 2967 CALLE

FRONTERA
B22-2319 ADU R 11/3/2022 1 1 1 No No No PENDING
680-241-08 2878 VIA

BELLOTA
B22-0295 SFD O 2/7/2022 1 1 1 No No No PENDING
680-391-06 2940 ARROYO B22-1995 ADU R 9/21/2022 1 1 1 No No No PENDING680-521-03 3015 EMINENCIA

DEL NORTE
B22-2572 SFD O 12/12/2022 1 1 1 No No No PENDING
690-095-07 401 CALLE
FIESTA
B22-0313 ADU R 2/8/2022 1 1 1 No No No Approved
690-101-13 944 AVENIDA

PRESIDIO
B22-2540 SFD O 12/7/2022 1 1 1 No No No PENDING
690-122-04 446 CALLE
MIGUEL
B22-0738 SFD O 3/29/2022 1 1 1 No No No PENDING
690-182-12 AVENIDA SAN JUAN PHP22-465 5+ O 12/22/2022 6 6 6 No No No Approved690-445-20 15 W AVENIDA

JUNIPERO B
B22-0500 ADU R 3/2/2022 1 1 1 No No No Approved
690-482-15 786 AVENIDA

SALVADOR
B22-2254 SFD O 10/25/2022 1 1 1 No No No PENDING
691-261-14 335 AVENIDA VAQUERO IC22-128 ADU R 4/12/2022 1 1 1 No No No Approved691-294-05 2703 VIA LADO IC22-245 ADU R 7/19/2022 1 1 1 No No No Approved691-425-01 200 VIA

SOCORRO
B22-1295 SFD O 6/14/2022 1 1 1 No No No PENDING
691-425-02 202 VIA

SOCORRO
B22-1296 SFD O 6/14/2022 1 1 1 No No No PENDING
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
14 24
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 20 0 0 0 0 37 301 358 358 0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
691-434-54 117 VIA BELLAS
ARTES
B22-1976 ADU R 9/20/2022 1 1 1 No No No PENDING
692-044-25 501 ELENA LN B22-0658 2 to 4 R 3/16/2022 2 2 2 No No No PENDING692-051-08 254 W AVENIDA PALIZADA IC22-294 2 to 4 R 8/23/2022 2 2 2 No No No Approved692-051-14 314 ENCINO LN IC22-396 ADU R 11/7/2022 1 1 1 No No No Approved692-052-07 323 ENCINO LN B22-2595 SFD O 12/13/2022 1 1 1 No No No Approved692-054-13 329 AVENIDA

CABRILLO B
B22-1052 ADU R 5/9/2022 1 1 1 No No No Approved
692-073-28 222 W MARIPOSA CHP22-148 ADU R 4/28/2022 1 1 1 No No No Approved692-082-25 227 W CANADA B22-2183, IC22- 065
ADU R 10/17/2022 1 1 1 No No No Pending
692-091-04 238 W MARIPOSA IC22-394 ADU R 11/7/2022 1 1 1 No No No Approved692-102-20 101 EL ORIENTE CUP22-019 5+ R 1/26/2022 6 6 6 No No No Approved692-121-15 1629 CALLE LAS BOLAS
B22-2536 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-121-16 1601 CALLE

SACRAMENTO
B22-2534 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-121-17 1603 CALLE

SACRAMENTO
B22-2535 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-122-30 111 DIJE CT IC22-159 2 to 4 R 5/10/2022 2 2 2 No No No Approved692-122-41 1516 BUENA VISTA C IC22-087 5+ R 3/21/2022 1 1 1 No No No Approved692-142-40 105 TRAFALGAR LN
B22-0150 ADU R 1/24/2022 1 1 1 No No No Pending
692-143-34 105 W AVENIDA

CADIZ B
B22-0804 ADU R 4/7/2022 1 1 1 No No No Pending
692-143-40 117 W AVENIDA
CADIZ
B22-0596, IC22-005
ADU R 3/10/2022 1 1 1 No No No Pending
692-143-52 141 W AVENIDA

CADIZ B
B22-0320 ADU R 2/9/2022 1 1 1 No No No Approved
692-152-19 103 ESPLANADE B22-0666, IC22-
203
ADU R 3/17/2022 1 1 1 No No No Pending
692-153-30 118 W PASEO DE

CRISTOBAL
B22-0682, IC22-013
ADU R 1/18/2022 1 1 1 No No No Approved
692-171-18 1430 S EL CAMINO REAL CUP22-412 5+ R 11/18/2022 10 10 10 No No No Approved692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
B22-0957 ADU R 4/26/2022 1 1 1 No No No Approved
692-241-06 215 AVENIDA

BARCELONA B
B22-0347 ADU R 2/14/2022 1 1 1 No No No Approved
692-262-04 332 W PASEO DE

CRISTOBAL
B22-0713 SFD O 3/28/2022 1 1 1 No No No Pending
692-263-18 244 LA RAMBLA B21-1705 SFD O 8/9/2022 1 1 1 No No No Pending692-272-05 323 LA RAMBLA IC22-379 2 to 4 O 10/31/2022 2 2 2 No No No Approved692-272-10 320 LA RAMBLA VAR22-346 2 to 4 O 9/23/2022 3 3 3 No No No Approved692-291-01 1614 S OLA VISTA B22-1147, IC22- 056
ADU R 2/23/2022 1 1 1 No No No Approved
692-361-10 126 AVENIDA DEL REPOSO IC22-298 ADU R 8/24/2022 1 1 1 No No No Approved692-361-16 135 AVENIDA

FLORENCIA
B22-2131, IC22-303
ADU R 8/26/2022 1 1 1 No No No Pending
692-361-24 129 AVENIDA

FLORENCIA
B22-0461 SFD O 2/28/2022 1 1 1 No No No Pending
15 25
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 057-031-07 109 REVUELTA
CT
B22-0164 ADU R
0 057-156-27 115 E MARIPOSA
B
B21-2445 ADU R
0 057-162-03 1501 AVENIDA DE

LA ESTRELLA C
B22-1505 ADU R
0 057-162-77 136 Calle
Redondel B
B19-2023 ADU R
0 058-052-41 103 W ESCALONES IC22-135 ADU R 1 7/15/2022 1 058-073-14 123 AVENIDA

SERRA C
B21-0103 ADU R
0 058-091-14 100 AVENIDA ROSA CHP22-008 2 to 4 R 3 5/18/2022 3 058-091-15 142 AVENIDA
ROSA
B22-0186 2 to 4 R
0 058-121-26 224 AVENIDA

MIRAMAR C
B22-0498, IC22-156 ADU R 1 5/24/2022
1 058-121-26 224 AVENIDA

MIRAMAR D
B22-1403, IC22-156 ADU R 1 5/24/2022
1 060-051-05 431 CALLE
GOMEZ
B20-0629 SFD O
0 060-063-13 505 ARDILLA LN B20-1736 SFD O 0
060-083-11 322 AVENIDA

SANTA MARGARITA B
B21-2095 ADU R
0 060-182-04 2400 S OLA VISTA
B
B21-1047 ADU R
0 060-271-03 227 CALLE

CAMPESINO B
B22-1469, IC-194 ADU R 1 6/29/2022
1 675-072-19 654 CAMINO DE LOSC Senior Housing anMP22-089 5+ R 20 230 11/15/2022 250 675-172-13 4 Via Cancha B19-0902 SFD O 0
675-173-40 27 Marbella B16-2679 SFD O 0
675-193-02 27000 PASEO
ACTIVO
B22-1473, VAR 21-001
SFD O 1 3/2/2022
1 678-102-34 6700 CAMINO

CRESTA B
B21-1527 ADU R
0 679-191-14 2245 CALLE

OPALO B
B20-1504 ADU R
0 680-341-11 2907 CABALLISTA

DEL SUR
B20-1742 ADU R
0 680-442-10 1406 JINETTE B B21-1277 ADU R 0
680-451-21 2904 Novilla B19-2680 ADU R 0680-461-02 3160 INCLINADO B
B20-1025 ADU R
0 680-461-04 3164 INCLINADO
B
B20-2212 ADU R
0 680-581-23 2705 CEPA UNO B21-1566 ADU R 0690-095-07 401 CALLE FIESTA
B22-0313 ADU R
0 690-122-05 448 CALLE
MIGUEL
B21-2444 ADU R
0 690-201-28 203 E AVENIDA

RAMONA B
B21-2320 ADU R
0 690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
B20-1138 ADU R
0 690-423-18 114 Avenida San
Pablo
B17-1494 ADU R
0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 16 26
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 690-445-20 15 W AVENIDA

JUNIPERO B
B22-0500 ADU R
0 691-083-09 3008 LA VENTANA B21-1775 SFD O
0 691-252-33 2803 Via Montecito B19-2489 SFD O
0 691-261-14 335 AVENIDA VAQUERO IC22-128 ADU R 1 7/27/2022 1691-425-03 204 VIA

SOCORRO
B21-1222 SFD O
0 691-425-04 206 VIA

SOCORRO
B21-1223 SFD O
0 691-425-05 208 VIA

SOCORRO
B21-1224 SFD O
0 691-425-06 210 VIA

SOCORRO
B21-1225 SFD O
0 692-054-13 329 AVENIDA

CABRILLO B
B22-1052 ADU R
0 692-076-01 217 W MARQUITA
B
B20-1178 ADU R
0 692-082-25 227 W CANADA B22-2183, IC22-065 ADU R 1 6/28/2022 1 692-091-04 238 W MARIPOSA IC22-394 ADU R 1 10/6/2022 1 692-143-40 117 W AVENIDA
CADIZ
B22-0596, IC22-005 ADU R 1 2/2/2022
1 692-143-52 141 W AVENIDA

CADIZ B
B22-0320 ADU R
0 692-153-30 118 W PASEO DE

CRISTOBAL
B22-0682, IC22-013 ADU R 1 3/10/2022
1 692-153-39 1107 S OLA VISTA B20-1290 SFD O
0 692-161-16 101 W PASEO DE

CRISTOBAL C
B20-1901 ADU R
0 692-171-05 125 W AVENIDA

GAVIOTA B
B20-2321 ADU R
0 692-191-25 142 W Avenida
Junipero B
B19-1078 ADU R
0 692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
B22-0957 ADU R
0 692-241-06 215 AVENIDA

BARCELONA B
B22-0347 ADU R
0 692-272-14 312 La Rambla B20-0862 SFD O 0
692-291-01 1614 S OLA VISTA B22-1147, IC22-056 ADU R 1 4/20/2022 1 692-291-38 213 AVENIDA

PRINCESA
B20-1284 SFD O
0 692-291-39 211 AVENIDA

PRINCESA
B20-1283 SFD O
0 692-292-02 204 W Avenida De
Los Lobos Marinos B
B20-0854 ADU R
0 692-311-30 207 W AVENIDA

SAN ANTONIO
B21-0399 SFD O
0 692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
B21-0488 ADU R
0 692-361-10 126 AVENIDA DEL REPOSO IC22-298 ADU R 1 10/24/2022 1 17 27
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 692-361-16 135 AVENIDA

FLORENCIA
B22-2131, IC22-303 ADU R 1 10/5/2022
1 692-363-39 208 Avenida De La
Grulla C
B20-0686 ADU R
0 692-381-34 104 AVENIDA
PELAYO
B21-0795 2 to 4 R
0 692-381-34 104 AVENIDA
PELAYO
B21-0798 ADU R
0 692-381-35 106 AVENIDA

PELAYO C
B21-1467 ADU R
0 692-381-35 106 AVENIDA

PELAYO D
B21-1468 ADU R
0 692-382-09 135 AVENIDA
PELAYO
B21-1409 ADU R
0 692-382-29 166 AVENIDA

ARAGON B
B21-0701 ADU R
0 692-382-29 166 AVENIDA
ARAGON
B21-1132 2 to 4 R
0 692-395-47 148 W CANADA C B21-0739 ADU R
0000000000000000000000000000000000000
18 28
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
057-031-07 109 REVUELTA CT 1 10/13/2022 1
057-156-27 115 E MARIPOSA
B
1 9/21/2022 1
057-162-03 1501 AVENIDA DE

LA ESTRELLA C
1 12/2/2022
1 057-162-77 136 Calle Redondel
B
1 6/7/2022 1
058-052-41 103 W ESCALONES 0058-073-14 123 AVENIDA

SERRA C
1 9/22/2022 1
058-091-14 100 AVENIDA ROSA 0058-091-15 142 AVENIDA
ROSA
2 6/14/2022 2
058-121-26 224 AVENIDA
MIRAMAR C 0
058-121-26 224 AVENIDA
MIRAMAR D 0
060-051-05 431 CALLE
GOMEZ 0
060-063-13 505 ARDILLA LN 0060-083-11 322 AVENIDA

SANTA MARGARITA B
1 3/21/2022
1 060-182-04 2400 S OLA VISTA
B
1 3/2/2022 1
060-271-03 227 CALLE
CAMPESINO B 0
675-072-19 654 CAMINO DE LOSC Senior Housing and Medical Office Development 0 675-172-13 4 Via Cancha 0675-173-40 27 Marbella 0675-193-02 27000 PASEO ACTIVO 0
678-102-34 6700 CAMINO

CRESTA B
1 2/16/2022 1
679-191-14 2245 CALLE
OPALO B 0
680-341-11 2907 CABALLISTA
DEL SUR 0
680-442-10 1406 JINETTE B 1 10/11/2022 1680-451-21 2904 Novilla 0 7 Project Identifier Affordability by Household Incomes - Building Permits 19 29
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 680-461-02 3160 INCLINADO B 0680-461-04 3164 INCLINADO B 1 11/4/2022 1 680-581-23 2705 CEPA UNO 1 6/28/2022 1690-095-07 401 CALLE FIESTA 1 6/15/2022 1690-122-05 448 CALLE MIGUEL
1 6/20/2022 1
690-201-28 203 E AVENIDA

RAMONA B
1 4/18/2022 1
690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
0 690-423-18 114 Avenida San
Pablo 0
690-445-20 15 W AVENIDA

JUNIPERO B
1 12/16/2022 1
691-083-09 3008 LA VENTANA 1 6/15/2022 1
691-252-33 2803 Via Montecito 0691-261-14 335 AVENIDA VAQUERO 0691-425-03 204 VIA SOCORRO 0
691-425-04 206 VIA
SOCORRO 0
691-425-05 208 VIA
SOCORRO 0
691-425-06 210 VIA
SOCORRO 0
692-054-13 329 AVENIDA

CABRILLO B
1 12/8/2022 1
692-076-01 217 W MARQUITA
B 0
692-082-25 227 W CANADA 0692-091-04 238 W MARIPOSA 0692-143-40 117 W AVENIDA CADIZ 0
692-143-52 141 W AVENIDA

CADIZ B
1 9/14/2022 1
20 30
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 692-153-30 118 W PASEO DE

CRISTOBAL
1 7/26/2022 1
692-153-39 1107 S OLA VISTA 0692-161-16 101 W PASEO DE
CRISTOBAL C 0
692-171-05 125 W AVENIDA
GAVIOTA B 0
692-191-25 142 W Avenida
Junipero B 0
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
1 9/14/2022
1 692-241-06 215 AVENIDA

BARCELONA B
1 12/1/2022 1
692-272-14 312 La Rambla 0692-291-01 1614 S OLA VISTA 1 10/5/2022 1692-291-38 213 AVENIDA PRINCESA 0
692-291-39 211 AVENIDA
PRINCESA 0
692-292-02 204 W Avenida De
Los Lobos Marinos B
0 692-311-30 207 W AVENIDA

SAN ANTONIO
1 3/21/2022 1
692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
1 4/11/2022
1 692-361-10 126 AVENIDA DEL REPOSO 0692-361-16 135 AVENIDA FLORENCIA 0
692-363-39 208 Avenida De La
Grulla C 0
692-381-34 104 AVENIDA
PELAYO
2 6/9/2022 2
692-381-34 104 AVENIDA
PELAYO
1 6/9/2022 1
692-381-35 106 AVENIDA

PELAYO C
1 5/9/2022 1
21 31
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 692-381-35 106 AVENIDA

PELAYO D
1 5/9/2022 1
692-382-09 135 AVENIDA
PELAYO
1 8/22/2022 1
692-382-29 166 AVENIDA

ARAGON B
1 5/5/2022 1
692-382-29 166 AVENIDA
ARAGON
1 5/5/2022 1
692-395-47 148 W CANADA C 1 6/14/2022 1
000000000000000000000000000000
22 32
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
057-031-07 109 REVUELTA CT 0057-156-27 115 E MARIPOSA
B 0
057-162-03 1501 AVENIDA DE
LA ESTRELLA C 0
057-162-77 136 Calle Redondel
B 0
058-052-41 103 W ESCALONES 0058-073-14 123 AVENIDA
SERRA C 0
058-091-14 100 AVENIDA ROSA 0058-091-15 142 AVENIDA
ROSA 0
058-121-26 224 AVENIDA
MIRAMAR C 0
058-121-26 224 AVENIDA
MIRAMAR D 0
060-051-05 431 CALLE
GOMEZ
1 10/4/2022 1
060-063-13 505 ARDILLA LN 1 9/6/2022 1060-083-11 322 AVENIDA

SANTA MARGARITA B
1 8/8/2022
1 060-182-04 2400 S OLA VISTA
B 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
23 33
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
060-271-03 227 CALLE
CAMPESINO B 0
675-072-19 654 CAMINO DE LOSC Senior Housing and Medical Office Development 0 675-172-13 4 Via Cancha 1 8/8/2022 1675-173-40 27 Marbella 1 1/27/2022 1675-193-02 27000 PASEO ACTIVO 0
678-102-34 6700 CAMINO

CRESTA B
1 8/4/2022 1
679-191-14 2245 CALLE

OPALO B
1 8/10/2022 1
680-341-11 2907 CABALLISTA

DEL SUR
1 7/27/2022
1 680-442-10 1406 JINETTE B 0680-451-21 2904 Novilla 1 9/29/2022 1680-461-02 3160 INCLINADO B
1 1/31/2022 1
680-461-04 3164 INCLINADO
B 0
680-581-23 2705 CEPA UNO 0690-095-07 401 CALLE
FIESTA 0
690-122-05 448 CALLE
MIGUEL
1 12/22/2022 1
690-201-28 203 E AVENIDA
RAMONA B 0
24 34
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
1 5/12/2022
1 690-423-18 114 Avenida San
Pablo
1 2/15/2022 1
690-445-20 15 W AVENIDA
JUNIPERO B 0
691-083-09 3008 LA VENTANA 0691-252-33 2803 Via Montecito 1 2/11/2022 1 691-261-14 335 AVENIDA VAQUERO 0691-425-03 204 VIA

SOCORRO
1 10/12/2022 1
691-425-04 206 VIA

SOCORRO
1 10/20/2022 1
691-425-05 208 VIA

SOCORRO
1 10/12/2022 1
691-425-06 210 VIA

SOCORRO
1 10/12/2022 1
692-054-13 329 AVENIDA
CABRILLO B 0
692-076-01 217 W MARQUITA
B
1 6/1/2022 1
692-082-25 227 W CANADA 0692-091-04 238 W MARIPOSA 0
25 35
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-143-40 117 W AVENIDA
CADIZ 0
692-143-52 141 W AVENIDA
CADIZ B 0
692-153-30 118 W PASEO DE

CRISTOBAL
1 11/18/2022 1
692-153-39 1107 S OLA VISTA 1 5/2/2022 1
692-161-16 101 W PASEO DE

CRISTOBAL C
1 5/5/2022 1
692-171-05 125 W AVENIDA

GAVIOTA B
1 6/28/2022 1
692-191-25 142 W Avenida
Junipero B
1 4/4/2022 1
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
0 692-241-06 215 AVENIDA
BARCELONA B 0
692-272-14 312 La Rambla 1 10/3/2022 1
692-291-01 1614 S OLA VISTA 0692-291-38 213 AVENIDA

PRINCESA
1 8/9/2022 1
692-291-39 211 AVENIDA

PRINCESA
1 8/9/2022 1
26 36
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-292-02 204 W Avenida De
Los Lobos Marinos B
1 10/20/2022
1 692-311-30 207 W AVENIDA
SAN ANTONIO 0
692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
0 692-361-10 126 AVENIDA DEL REPOSO 0692-361-16 135 AVENIDA FLORENCIA 0
692-363-39 208 Avenida De La
Grulla C
1 4/7/2022 1
692-381-34 104 AVENIDA
PELAYO 0
692-381-34 104 AVENIDA
PELAYO 0
692-381-35 106 AVENIDA
PELAYO C 0
692-381-35 106 AVENIDA
PELAYO D 0
692-382-09 135 AVENIDA
PELAYO 0
692-382-29 166 AVENIDA
ARAGON B 0
692-382-29 166 AVENIDA
ARAGON 0
27 37
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-395-47 148 W CANADA C 0
0000000000000000000000
28 38
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
057-031-07 109 REVUELTA CT 0N Based on comp rents/HCD ADU calculator057-156-27 115 E MARIPOSA B 0N Based on comp rents/HCD ADU calculator
057-162-03 1501 AVENIDA DE
LA ESTRELLA C 0N
Based on comp rents/HCD ADU calculator
057-162-77 136 Calle Redondel
B 0N Based on comp rents/HCD ADU calculator
058-052-41 103 W ESCALONES N Based on comp rents/HCD ADU calculator 058-073-14 123 AVENIDA
SERRA C 0N Based on comp rents/HCD ADU calculator
058-091-14 100 AVENIDA ROSA N
058-091-15 142 AVENIDA
ROSA 0N
058-121-26 224 AVENIDA
MIRAMAR C N Based on comp rents/HCD ADU calculator
058-121-26 224 AVENIDA
MIRAMAR D N Based on comp rents/HCD ADU calculator
060-051-05 431 CALLE
GOMEZ 0N
060-063-13 505 ARDILLA LN 0N060-083-11 322 AVENIDA

SANTA MARGARITA B
0N
Based on comp rents/HCD ADU calculator
060-182-04 2400 S OLA VISTA
B 0N Based on comp rents/HCD ADU calculator
060-271-03 227 CALLE
CAMPESINO B N Based on comp rents/HCD ADU calculator
675-072-19 654 CAMINO DE LOSC Senior Housing an
20 N DB, Other 55 78.0% 2
Development Standards Modification
Yes
675-172-13 4 Via Cancha 0N675-173-40 27 Marbella 0N675-193-02 27000 PASEO

ACTIVO N
678-102-34 6700 CAMINO
CRESTA B 0N Based on comp rents/HCD ADU calculator
679-191-14 2245 CALLE
OPALO B 0N Based on comp rents/HCD ADU calculator
680-341-11 2907 CABALLISTA
DEL SUR 0N
Based on comp rents/HCD ADU calculator
680-442-10 1406 JINETTE B 0N Based on comp rents/HCD ADU calculator680-451-21 2904 Novilla 0N Based on comp rents/HCD ADU calculator680-461-02 3160 INCLINADO B 0N Based on comp rents/HCD ADU calculator680-461-04 3164 INCLINADO B 0N Based on comp rents/HCD ADU calculator680-581-23 2705 CEPA UNO 0N Based on comp rents/HCD ADU calculator690-095-07 401 CALLE FIESTA 0N Based on comp rents/HCD ADU calculator690-122-05 448 CALLE MIGUEL 0N Based on comp rents/HCD ADU calculator
690-201-28 203 E AVENIDA
RAMONA B 0N Based on comp rents/HCD ADU calculator
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 29 39
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 690-412-53 116 E AVENIDA DE

LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
690-423-18 114 Avenida San
Pablo 0N Based on comp rents/HCD ADU calculator
690-445-20 15 W AVENIDA
JUNIPERO B 0N Based on comp rents/HCD ADU calculator
691-083-09 3008 LA VENTANA 0N691-252-33 2803 Via Montecito 0N691-261-14 335 AVENIDA VAQUERO N Based on comp rents/HCD ADU calculator 691-425-03 204 VIA
SOCORRO 0N
691-425-04 206 VIA
SOCORRO 0N
691-425-05 208 VIA
SOCORRO 0N
691-425-06 210 VIA
SOCORRO 0N
692-054-13 329 AVENIDA
CABRILLO B 0N Based on comp rents/HCD ADU calculator
692-076-01 217 W MARQUITA
B 0N Based on comp rents/HCD ADU calculator
692-082-25 227 W CANADA N Based on comp rents/HCD ADU calculator 692-091-04 238 W MARIPOSA N Based on comp rents/HCD ADU calculator 692-143-40 117 W AVENIDA
CADIZ N Based on comp rents/HCD ADU calculator
692-143-52 141 W AVENIDA
CADIZ B 0N Based on comp rents/HCD ADU calculator
692-153-30 118 W PASEO DE
CRISTOBAL 0N Based on comp rents/HCD ADU calculator
692-153-39 1107 S OLA VISTA 0N692-161-16 101 W PASEO DE CRISTOBAL C 0N
Based on comp rents/HCD ADU calculator
692-171-05 125 W AVENIDA
GAVIOTA B 0N Based on comp rents/HCD ADU calculator
692-191-25 142 W Avenida
Junipero B 0N Based on comp rents/HCD ADU calculator
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
692-241-06 215 AVENIDA
BARCELONA B 0N Based on comp rents/HCD ADU calculator
692-272-14 312 La Rambla 0N692-291-01 1614 S OLA VISTA 0N Based on comp rents/HCD ADU calculator692-291-38 213 AVENIDA PRINCESA 0N
692-291-39 211 AVENIDA
PRINCESA 0N
692-292-02 204 W Avenida De
Los Lobos Marinos B
0N
Based on comp rents/HCD ADU calculator
692-311-30 207 W AVENIDA
SAN ANTONIO 0N
30 40
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
692-361-10 126 AVENIDA DEL REPOSO N Based on comp rents/HCD ADU calculator 692-361-16 135 AVENIDA
FLORENCIA N Based on comp rents/HCD ADU calculator
692-363-39 208 Avenida De La
Grulla C 0N Based on comp rents/HCD ADU calculator
692-381-34 104 AVENIDA
PELAYO 0N
692-381-34 104 AVENIDA
PELAYO 0N Based on comp rents/HCD ADU calculator
692-381-35 106 AVENIDA
PELAYO C 0N Based on comp rents/HCD ADU calculator
692-381-35 106 AVENIDA
PELAYO D 0N Based on comp rents/HCD ADU calculator
692-382-09 135 AVENIDA
PELAYO 0N Based on comp rents/HCD ADU calculator
692-382-29 166 AVENIDA
ARAGON B 0N Based on comp rents/HCD ADU calculator
692-382-29 166 AVENIDA
ARAGON 0N
692-395-47 148 W CANADA C 0N Based on comp rents/HCD ADU calculator 31 41
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 28 - - - - - - - Above Moderate 348 5 151 7 - - - - - - - 163 185
982
8 153 35 - - - - - - - 196 786
5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 141 - - - - - - - - - - 141
164
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 155
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 33 Moderate
282 164 188
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
282
32 42
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
33 43
Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutory deadline, rezone candidate sites with a housing overlay (H) of up to 71.6 acres but at least necessary to accommodate the City’s RHNA shortfall of 244 lower income units, 21 moderate income units, and 277 above moderate income units. The rezoning process will include community outreach, including community outreach for additional potential rezone sites if the candidate sites become unavailable. 2) Facilitate development on the rezoned sites by establishing appropriate objective development standards (including height limit, number of stories, lot coverage, and parking) that would allow development projects to achieve the allowable densities. Specifically, consistent with City practice, the City will allow development potential to be calculated for the entire site based on gross density, while allowing the residential units/mixed use components to be clustered on portions of the site.

For 1, within 3 years.For 2, ongoing.

Ongoing.The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
34 44
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously to assess its adequacy for meeting the RHNA, particularly for sites capable of facilitating the development of lower income housing.4) Make the inventory of vacant and underutilized sites available to interested developers. Every other year, reach out to developers and property owners to facilitate projects with appropriate parcel sizes, including lot splits or lot consolidation to create appropriately sized parcels (e.g. 0.5 to 10 acres) and/or other incentives or mechanisms to facilitate affordability and meet RHNA requirements. See Programs 3 and 7 for additional housing development outreach. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually.

Ongoing Ongoing.

Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, and provides the site inventory to our list of interested affordable housing developers.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.

For 5, ongoing implementation. If there is a shortfall found, the City has six months to identify additional sites.

Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories. 35 45
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 1) For reuse sites, amend the Zoning Ordinance by the end of 2022 and apply a housing overlay to establish by-right approval process as required by AB 1397, which allows the City to require the architecture/design of all projects to meet objective design standards.2) Concurrently with the establishment of a housing overlay on candidate sites and within three years of the 6th Housing Element statutory deadline, establish a by-right approval process allowing the City to require the architecture/design of all projects to meet objective design standards.

For 1, by end of 2022. For 2, within 3 years.

Ongoing.The Housing Element was certified in October 2022. The City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects. This project is ongoing with completion planned for 2023.

Program 2B, SB 35 Streamlining for Projects with Affordable Units 1) Within three years of Housing Element adoption, and no later than October 2024, develop procedures to address the streamlining requirements of SB 35 Within 3 years. Ongoing.

The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 3, Lot Consolidation
1) Facilitate lot consolidation via the following: a) by the end of 2022, develop informational materials on the City’s new Lot Consolidation program and promote available incentives to developers, especially to property owners and developers of sites in the Residential Sites Inventory and Candidate Rezone Sites, and b) an ongoing basis, provide technical assistance regarding the lot consolidation process to interested parties.

For 1, end of 2022.For 2, ongoing.

Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives. Ideas for this will be explored in 2023. 36 46
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate.

For 2a, ongoing.For 2b, by 2025.

Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. The City will continue to add data to the GIS app for lot consolidation potential, and vacant and underutiltiized sites. Updates are planned for 2023. The City has informed housing developers of the GIS app and website information.2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers.2b) The City will initiate this work program to meet the objective within the timeframe.

Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022 to reflect recent changes to the State density bonus law.

By end of 2022 Ongoing.

The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance, provided in Appendix B. 37 47
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 5, Affordable Housing Overlay
1) Continue to implement the requirements of the Affordable Housing Overlay Zone.2) Concurrently with the housing overlay in Program 1, and by-right approvals in Program 2A, modify the Affordable Housing Overlay Zone to improve the effectiveness of the Overlay Zone and make amendments as necessary. Specifically, evaluate the effectiveness and create one Housing Overlay (H) with objective design standards, minimum levels of affordable housing units, and byright approval if 20 percent of the units are set aside for lower income (very low and low) households (see Program 2A). As part of this review, amend the development standards for height limits, number of stories, lot coverage, and parking requirements to ensure that development projects have the ability to achieve the allowable densities. The City will invite and engage the community, including the development community, to provide feedback during this process.

For 1, ongoing.For 2, within 3 years.

Ongoing.1) The Affordable Housing Overlay was analyzed in the 2017 Housing Element Midterm Update. The overlay has been effective in developing affordable units. The City continues to apply the overlay and seek opportunities to enhance its effectiveness. In 2018, the City changed the Affordable Housing Overlay zoning standards to allow stand-alone residential units and affordable housing on any mixed-use zoned lots in the Housing Element site inventory. There were no proposed affordable housing projects in 2018 to 2022 that would take advantage of the inlieu fee. In November 2022, the City initiated a process that is ongoing to rezone rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing with completion planned for 2023.In Progress.2) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7).

Ongoing Ongoing.

The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units. 38 48
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 6, Inclusionary Housing Program
1) Continue implementation of the Inclusionary Housing Program.2) By 2025, the City will retain a consultant to evaluate the effectiveness of Inclusionary Housing Program in facilitating the development of all income levels, and conduct a feasibility study to evaluate increasing the inclusionary housing requirement from 4% very low to 15% (5% very low, 5% low, and 5% moderate). Updates to the Inclusionary Housing Program will reflect the new requirement with a corresponding updated in-lieu fee (paid if affordable units are not provided onsite) to reflect current land and construction costs, and other related updates.

For 1, ongoing.For 2, by 2025.

Ongoing.1) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units.

In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe.

Program 7: Affordable Housing Development
1) Proactively encourage and facilitate the development of affordable housing by non-profit organizations for lower income households, particularly those with special needs including large households, seniors, extremely low-income (ELI) households, and households with persons who have disabilities or developmental disabilities with the goal of creating 446 affordable units for lower income households between 2021 and 2029 (282 extremely low and very low income and 164 low income units, see Program 1). Specifically, the City will:a) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.b) Evaluate, every other year, the City’s Zoning regulations for potential constraints to the development of housing for persons with special needs.

Ongoing. Ongoing.
1) Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2022, the City entitled one affordable housing project a density bonus to support the inclusion of 20 very-low income units.a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. 39 49
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente.3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program.4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing.

For 2-3, ongoing. For 4, every other year.

Ongoing.2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2022, the City entitled one affordable housing project a density bonus to support the inclusion of 20 very-low income units.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units. In November 2022, the City initiated a process that is ongoing to rezone rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing with completion planned for 2023.4) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.

Program 7: Affordable Housing Development
5) Annually, evaluate available housing funding programs administered by the State HCD and if appropriate, pursue funding for affordable housing (new construction, acquisition/rehabilitation, infrastructure improvements, and other housing assistance).

Ongoing. Ongoing.

The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 40 50
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary.2) Facilitate ADU construction through:a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of preapproved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.

Ongoing. Completed:
1) The City has a permit tracking system to inventory ADUS so staff can monitor progress towards its construction goals. The City has historically permitted Accessory Dwellung Units (ADUs) in conformance with State law. Since the implementation of the 2017 State ADU Law changes up to October 15, 2021 (end of 5th Cycle), the City has issued permits for 83 ADUs. In December 2022, the City adopted an updated ordinance for ADUs according to State law effective on January 1, 2023. On March 6, 2019, the City adopted an updated ordinance for ADUs in accordiance with State law effective prior to January 1, 2020 and submitted the ordinance to the State as part of the 2018 APR. The City updated its ADU ordinance on March 6, 2019 and December 1, 2020 for consistency with State law. The 2020 ADU ordinance update was sent to with the 2020 APR. Staff continues to improve public information on ADU standards on the City website and handouts. This ordinance is included as Exhibit A.2) The City is working with OCCOG on a REAP funded initiative to develop pre-approved plans for ADUs among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction.

Program 9: Pursue Funding Sources and Programs
1) Continue to apply for and administer CDBG grants annually.2) Pursue funding from sources such as the Permanent Local Housing Allocation (PLHA), CalHome or CalHFA to assist in housing rehabilitation, homeownership, and ADU development.3) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.

Ongoing. Ongoing.
1-2) In 2022, the City administered $48,712 of CDBG grant funds to four organizations. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships. 3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 41 51
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or long- term permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029.2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers.

For 1, every other year. For 2, ongoing.

Ongoing.1) In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.2) In 2023, the City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on the creation of a list to maintain and expand through the planning period.

Program 11: Sustainable Policies
1) Continue to implement the Sustainability Action Plan.2) Continue to promote resident participation in available PACE programs by providing links to these programs on City website.

Ongoing. Ongoing.

The City will provide links on its website in 2023 and continue to implement the Sustainablity Action Plan. As an implemention measure, the City requires housing development to comply with current Green Building Codes to ensure energy and water conservation and require new units to have solar-ready roofs.

Program 12: Affirmatively Furthering Fair Housing
1) Implement the City's actions for addressing fair housing issues and concerns identified in Table 5-2.

According to Housing Action Plan Table 5-2
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2021/2022, the FHF conducted two Fair Housing Workshops, provided a presentation to Community Outreach Alliance. Also, FHF provided over 2,014 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station.

Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing funds annually.2) Provide assistance to approximately 2,000 persons with special needs, including homeless, seniors and disabled persons, on an annual basis through grant awards.

Ongoing. Ongoing.

The City has awarded Family Assistance Ministries (FAM), $15,508 in CDBG funds to support FAM's housing and supportive service for households at risk of homelessness and for those that are homeless. 42 52
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 14: Zoning Ordinance Amendments
1) Complete the above necessary amendments to the Zoning Ordinance by the end of 2022, except where otherwise noted.2) Monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process.

For 1, by 2022. For 2, ongoing.

Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction.

Program 15: Monitoring of Emergency Shelter Overlay
1) Provide information to property owners and tenants in the Rancho San Clemente Business Park regarding the ES Overlay, including the purpose and intent behind the requirement to accommodate emergency shelter sites in the City.2) Evaluate the rideshare program annually and work with the vendor to improve the program or find alternatives to the program.

Ongoing. Ongoing.
1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3, 2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. Although the pandemic decreased demand for public transportation services, San Clemente still continued to offer the service in 2023. In 2022, approximately 23,238 rides were provided as of December 31, 2022. Especially during the pandemic, the Public Works department staff focus has been doing outreach to portions of the population that may not be aware of the program and are underserved. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations, such as the YMCA chapter in Orange County. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addtion or instead of the toll free phone number. OCTA has continued to work with the City to suppoort and fund ADA ride services 100% for this program. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users. (continued in row below) 43 53
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) Ongoing. The subsidized cost for the SC Rides services remains constant, matching the original cost offered by the 191 and 193 OCTA bus routes. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location. The SC Rides contract with OCTA is set to expire on June 30, 2023. Staff is currently working with OCTA to continue funding for the program; if the City does not receive additional funds, the City is expected to budget the entire program for FY23/24.

Program 15: Monitoring of Emergency Shelter Overlay
3) In the event an emergency shelter is proposed, the City will work with the social service providers and shelter proponents to determine if the rideshare program serves as a feasible transportation option, or secure other alternatives while avoiding burden and costs on the applicants.4) Should an emergency shelter locate in the business park, the City would work with or partner with the emergency shelter operator to evaluate and implement options for providing transit service to and from the emergency shelter from existing transit routes.

Ongoing. Ongoing.
3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described. 44 54
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
5) At least every two years and as emergency shelters are proposed, assess and update the City’s unmet homeless shelter needs, upon review and analysis of reliable data and consideration of input from service providers and public input in a City Council meeting. The unmet homeless shelter needs will be updated when:a) Results of the Biannual Homeless Census (pointin-time) conducted by the Orange County Continuum of Care are available. Annually, the City will participant in the Homeless Census to obtain a specific homeless count for San Clemente, with specific counts for sheltered versus unsheltered homeless.b) Emergency shelters will be allowed without discretionary action until the unsheltered homeless need identified in this assessment is met and continue to be permitted through a discretionary review process.

For 5, every two years. Completed.

The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2019. The 2021 Point in Time Count for the Orange County Continuum of care was cancelled by HUD due to the Cornovarius Pandemic. The next Point In Time Count is scheduled to occur by the end of February 2022. In May of 2022, the County of Orange release the results of the 2022 Point In Time Count, which found that there are 81 unsheltered homeless and 50 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 15 compared to the 2019 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two limited term full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.

Program 15: Monitoring of Emergency Shelter Overlay
c) Significant changes in the housing market conditions occur that would impact the City’s homeless shelter needs between the Homeless Censuses. The City will consult homeless service providers to establish the appropriate modifications to the established unmet homeless shelter needs.d) Significant changes to the City’s homeless strategy occur, such as funding available for homeless housing programs that would reduce the unmet shelter needs.

Ongoing. Same as row above.
45 55
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bed-limit, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services.

For 6, in 2023. Completed.

In December 2022, the City adopted updates to the Zoning Ordinance for consistency with State law. In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 16: Neighborhood Revitalization Program
1) Continue to implement the Neighborhood Revitalization Program and advertise at least annually the availability of this program to eligible residents and property owners by announcing in City magazines, placing flyers at all City buildings, posting on City website and social media. Code Enforcement also refers eligible property owners to the City’s various programs for assistance.2) Provide 20 loans through the Home Rehabilitation Program during the Housing Element planning period.3) Annually, explore and pursue if appropriate, housing funding programs administered by the State HCD to expand the City’s Neighborhood Revitalization Program.

Ongoing. Completed:

The City continues to provide CDBG grants for housing rehabilitation to improve neighborhoods. The program is advertised by brochures in City buildings, the City Magazine, Press Releases, and by the Code Enforcement Division. Since 2014, the City has provided 29 loans through the Home Rehabilitation Program. In 2022, the City provided supported the rehabilitiation of single-family housing units using CDBG funds. Both homeowners were extremely low-income (i.e., 30% of the county median income or less). 46 56
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Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 17: Preserve AtRisk Housing 1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission.2) Ensure property owners adhere to new state noticing requirements prior to conversion – threeyear, one-year, and six-month notices are required.3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the atrisk units as affordable units.4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9.

Ongoing. Ongoing.

The City maintains a contact list to monitor status of affordable units with property managers. Staff also evaluates units at risk of converting to market rate housing, and none of the affordable housing units are at risk within the 10 year planning period (2013-2023). The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.

Program 17: Preserve AtRisk Housing 5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12.

Annually. Ongoing.

The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2021/2022, the FHF conducted two Fair Housing Workshops, provided a presentation to Community Outreach Alliance. Also, FHF provided over 2,014 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station. 47 57
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved 20 230
675-072-19
654 CAMINO DE LOS MARES
SC Senior Housing and Medical Office Development MP22-089 20 230 78% density bonus with
exceptions for parking, open space, and height
11/15/2022
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report 48 January 2020
58 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communityͲ development/docs/adequateͲsitesͲchecklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report 49 January 2020
59 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA 50 60
Jurisdiction San Clemente
Reporting Period 2022 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. 51 61
Jurisdiction San Clemente Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 678-163-01 Avenida La Pata/West Avenida Vista Hermosa Vacant Surplus Land 2.29690-372-03 754 Avenida Acapulco Vacant Surplus Land 0.17690-012-01 100 Avenida Presidio Vacant Surplus Land 2.89690-012-02 100 Avenida Presidio Vacant Surplus Land 1.82 NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 52 62
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Activity Date Very Low Income Low Income Moderate Income Above Moderate Income Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only needs to be completed if there were lot splits applied for pursuant to Government Code 66411.7 OR units constructed pursuant to 65852.21. Units entitled/permitted/constructed must also be reported in Table A2. Applications for these units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report 53 January 2020
63 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Summary Row: Start Data Entry Below
Note
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report 54 January 2020
64 Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is autoͲpopulated based on amounts entered in rows 15Ͳ26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Sites analysis, rezoning, and
environmental review $210,000.00 $146,989.40 Other
Currently inͲprogressto complete therezoning phase of theproject. Other fundingincludes $209,990 City general funds and$46,000 SB2 grant
funding.

Objective design standards
adoption $90,000.00 $0.00 None
Started project task inOctober of 2022. Arequest forreimbustrement hasnot been completed, since the project is inͲprogress.

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 300,000.00
Task Status
In Progress
Other (Please Specify in Notes)
55 65

APPENDIX B
Zoning Updates for State law and Housing Element
Implementation
This appendix includes updates to the Zoning Ordinance to meet State housing law and implement the Housing Action Plan
56 66
57 67
58 68
59 69
60 70
61 71
62 72
63 73
64 74
65 75
66 76
67 77
68 78
69 79
70 80
71 81
72 82
73 83
74 84
75 85
76 86
77 87
78 88
79 89
80 90
81 91
82 92
83 93
84 94
85 95
86 96
87 97
88 98
89 99
90 100
91 101
92 102
93 103
94 104
95 105
96 106
97 107

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6G
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR FY 2023 PAVEMENT PRESERVATION PROGRAM, CIP PROJECT NO. 23303
Fiscal Impact:

The project was completed at a cost of $206,300, within the approved budget of $250,000.

Summary:

Palp Inc. DBA Excel Paving Company has completed the construction contract within budget and staff recommends City Council acceptance.

Background:

The construction contract was awarded to Palp Inc. DBA Excel Paving Company on September 6, 2022. The purpose of the contract was to preserve existing pavement with localized pavement repairs prior to upcoming FY2024 Slurry Seal Program on various streets within the Forster Ranch area shown in the location map (Attachment 1).

Project cost summary is as follows:

Administration and Engineering Design (rounded up) $3,300 Construction Management and Inspection (rounded up) 4,000 Construction (rounded up) 199,000
Total Project Cost (rounded up) $206,300
City Council Options and Recommended Actions:
· Accept the Notice of Completion for the Pavement Preservation Program and direct staff to conduct the actions included in the staff recommendation. · Modify and Accept the Notice of Completion for the Pavement Preservation Program. · Continue the Item with direction to provide additional information. · Deny the acceptance and direct the City Manager to take appropriate action.

Staff Recommendation

1. Accept the FY 2023 Pavement Preservation Program from the contractor, Palp Inc. DBA Excel Paving Company, CIP Project No. 23303.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6G

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2023 Pavement Preservation Program.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Palp, Inc. DBA Excel Paving Company.

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

Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report Dated September 6, 2022 (without attachments) Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/16/2023
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VIA DURAZNO VIA PIMPOLLO VIA CALENDULA

BRILLANTE

DIAMANTE

LEGENDARIO

CEPA UNO

CARTA DE PLATA

CARTA TAZA

VINA VIAL

SANGRE DE TORO
RIOJA

PENEDES

VIA SOLANA

SARMENTOSO

CM DE LOS MARES

PORTICO DEL SUR

CL CARMELITA

CL DOMINGO

CL VECINO

CL CLASICO CL PORTADA CL MARDARINA

CL PROSPERO

AV FORTUNA

DOMADOR

MIRA ALLENDE

MIRA LAS OLAS

MIRA COLLADO MIRA PUERTA

PENASCO

VILLAMAR

VIA AMAPOLA

VIA MORADA CL HERALDO

PAVOREAL
OTERO

CL GUADALAJARA
ARROYO

PANADERO

CAMINANTE

NOVILUNIO

RIACHUELO
CERCA

LLANO DEL NORTE

ARENILLAS

RIACHUELO
PELODO

LLANO DEL SUR

ENSENADA

GERALDO
CADENA

ALDEANO ALTURA

DEL CABO

INCLANADO

ROBERTO

ROSALINDA

ESTAMPIDA

AFLORAMIENTO

SOMBREADO

CABALLISTA DEL SUR

CERCADO

LAS POSAS

VIA SAGE
GANADO
FELIPE

ANABELLA

ENRIQUE

NOVILLA

ESTANCIAHIERRO
ARREOS

VIA HOMBRE CL EMILIA

PANTANO

VIA SAGE

VIA NARCISO

VIA VIOLETA

DOMADOR

BONANZA
VACUNO

ESTRIBO

EMINENCIA DEL NORTE

PORTICO DEL NORTE

BONANZA

OBRAJERO

ALFORJA CABALLISTA DEL NORTE
JINETE
REBANO

CM VERA CRUZ

CAMPO RASO
CHARCO
COSTA

TORRENTERRA

VIA TULIPAN

VIA SOLANA VIA VIEJO
MARANA

SAN REMO
MERCED

VIA TULIPAN

BRILLANTE
ARISTA

TERRAMAR

DEL CABO

JULIANA

RENALDO

BERNICE AYER MIDDLE SCHOOL

CITY LIMIT

MIRA PUERTA

CL NUEVO

CM DE LOS MARES

CM DEL RIO

EMINENCIA DEL SUR

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

LOCATION MAP
i:\cd\engineering\secure\projects\pn 23303 - fy2023 pavement preservation program\06-admin reports\cad\pn23303 fy2023 ppp location map.dwg 7.11.2022