Agenda packet, regular meeting, first session — San Clemente City Council, September 14, 2023 (part 2 of 3)

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 70 55452.01100\31193624.5
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

71 55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In complete compensation for Consultant’s Services under this Agreement, City shall pay Consultant the following hourly rates for services actually performed:

Total compensation under this Agreement shall not exceed one hundred and fifty-one thousand six hundred sixty-five ($151,665) as the guaranteed maximum price for the Consultant to complete the Services to the City’s satisfaction.

There are no reimbursable expenses under this Agreement. 72 COST DATA // 36
TASK DESCRIPTION OF WORK PRINCIPAL SR. PROJECT MANAGER SR. CONSULTING ENGINEER STRUCTURAL ENGINEER ELECTRICAL ENGINEER SR. PROJECT ENGINEER PROJECT ENGINEER SR. CAD DESIGNER PROJECT COORDINATOR MAN-POWER SUBTOTAL TOTAL TASK COST $285 $245 $245 $245 $245 $210 $180 $165 $100

0.0 Project Management & Meetings $8,910

0.1 Reimbursable Expenses (Included in Task Fees Below) N/A0.2 Project Management, Billing, and Invoicing 16 6 $4,520

0.3 Meetings and Data Gathering 1 7 7 4 2 $4,390

1.0 Preliminary Design $37,680

1.1 Process Assessment and Preliminary Design Report 2 20 36 2 36 50 36 4 $37,680

2.0 Design Plans and Specifications $67,145

2.1 60% Design Plans and Specifications 4 8 8 24 50 60 2 $29,200

2.2 90% Bid Documents 1 12 32 12 26 50 1 $26,6152.3 Final Bid Documents 8 6 8 12 24 1 $11,330

3.0 Construction Support Services $37,930

3.1 Pre-Bid Support 8 0.5 8 12 2 $6,1233.2 Construction Meetings and Start-Up Commissioning Support 20 20 20 $12,7003.3 Construction Submittal Review and RFIs 11.5 5 11.5 34 $12,5783.4 Record Drawings 1 1 2 16 16 1 $6,530

4.0 Project Deliverables
Total All Task 1-4 $151,665 $151,665
C168 // CITY OF SAN CLEMENTE HEADWORKS GRIT CYCLONE REPLACEMENT PROJECT | PROJECT NO.13202 73 ~
~
ti)
8 I I II I I
55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
74 □
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55452.01100\31193624.5
Dated: ________________________, 2023
Pacific Advanced Civil Engineering, Inc.
(“CONSULTANT”)
By: Cory M. Severson
It’s Chief Executive Officer
Address:
17520 Newhope Street
Fountain Valley, CA 92708
75 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 14, 2023 Agenda Item: 8A
Department: Community Development
Prepared By: Christopher Wright, Associate Planner II
..ag endizedby
..end
Subject:
..titl e
INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN ORDINANCE RELATED TO ZONING PERMIT ..body STREAMLINING
Fiscal Impact:

The proposed zoning amendments may generate less than $2,600 in new annual revenue from permit processing for nonresidential special activities on private property. Currently, special activities are processed without a required fee. The application for these activities would change with a required fee that would apply.

Summary:

The City Council initiated zoning amendments to streamline various Zoning Code procedures to simplify and improve the review process for projects that require zoning permits. Proposed Zoning Amendment 22-366 would consolidate 10 application types into 4, update the staff-level permit for architectural review of minor projects to have objective standards, include various clean-up items and streamline the level of review required to approve several project types. In addition to supporting the proposed Ordinance, the Planning Commission recommends being granted authority by the City Council to call-up Zoning Administrator decisions and to reduce the appeal fee to $100.

The items for Council’s consideration include: 1) the introduction of the proposed Ordinance, 2) providing direction on whether to change the appeals process and fee per the Planning Commission’s recommendation; and 3) updating the fee schedule for the consolidation of applications, reflecting the proposed zoning amendments.

Background:

This is a continued public hearing item from September 5, 2023. The Council directed staff to present ideas for increasing the number of allowed special activities per year. Proposed changes will be presented at this hearing.

On May 25, 2022, the City Council supported streamlining various permit procedures in the Zoning Code and directed staff to discuss the ideas with the Planning Commission, which occurred on June 8, 2022. Following this, on August 16, 2022, the City Council initiated the proposed zoning amendments with staff direction to pursue the ideas presented at the meeting.

The amendments can be characterized as:
 Zoning clarifications
 Changes in the decision level to reduce processing times for non-controversial projects 1 Meeting Date: September 14, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
 Simplification of permit procedures
On January 8, 2023, the Planning Commission held a noticed public hearing on the zoning amendments that was continued to March 8, March 22, April 19 and June 7, 2023. On June 7, 2023, the Planning Commission concluded the hearings on the amendments, recommending that the City Council adopt the proposed zoning amendments. Additionally, the Planning Commission recommended that the City Council designate the Planning Commission as the appeal body for Zoning Administrator decisions and reduce the appeal fee to $100. Related Planning Commission staff reports and meeting minutes are provided as Attachments 5 and 6. As of the date this report was prepared for publication, staff has received correspondence on this item provided as Attachment 7.

The proposed zoning amendments clarify, streamline, and consolidate permit procedures. This report provides a summary of the zoning amendments and an analysis of Planning Commission’s recommended changes to appeals. Details on the proposed zoning amendments are provided in two attachments:
 Attachment 1: Provides a summary of proposed streamlining to zoning processes and applications and the Planning Commission’s recommended changes.  Attachment 2: Provides the proposed amendments in redlined text. Also, staff made minor clean up edits since the June 7 Planning Commission hearing. The modified text is highlighted.

Consolidate Planning Applications
The proposed amendments consolidate 10 planning applications into 4, making it easier for the public to understand which zoning permits and applications are required. Also, these changes will reduce staff time on report writing, shortening the time between application submittal and decision. These amendments preserve findings for project consistency with the City’s planning documents, such as the General Plan, Zoning Ordinance, and Design Guidelines. Findings related to use compatibility, quality design, historic preservation, and other planning issues are still required, but consolidated under fewer entitlement types to reduce redundancies in staff reports and resolutions.

The fee schedule must be updated to reflect the proposed changes to applications. The attached Resolution updates the name of applications. No changes are proposed to the amount of permit fees or the situations in which fees are currently required, except for nonresidential special activities. Currently, special activities require a Special Activity Permit without a required application fee. The City processes approximately 24 permits per year. The proposed zoning amendments consolidate Special Activity Permits so that a Temporary Use Permit is required instead, to allow special activities. Temporary Use Permits have a subsidized fee of $104.84, generating less than $2,600 of new annual revenue. This will offset a portion of staff time expenses for permit reviews.

Update Staff-Level Approval Process
The proposed amendments would update the staff-level approval process for minor architectural changes. This would reduce time and work involved for the public and staff to process these projects, which allows resources to be reallocated to other projects and City priorities. Currently, 2 Meeting Date: September 14, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
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 an overly 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” that:

Projects that don’t meet criteria eligible for administrative approval would require a public hearing. Also, the City Planner would continue to have the authority to refer applications to a public hearing if they determine a proposal has the potential for significant public concern or impacts.

2. Lists specific types of projects that would be eligible for staff approval, replacing the broader categories of projects currently eligible for staff-level review.

Streamline Review of Several Project Types
The proposed amendments would streamline the level of review required to approve several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown that similar projects have not previously involved issues of significant public concern or impact to prompt a higher level of public review. The proposed streamlining is described in Attachment 1. The streamlining includes: 1) reducing the level of hearing required, such as changing the review authority for a project type from a Planning Commission decision to Zoning Administrator review; and 2) changing the decision process from a discretionary public hearing decision to a staff level process, limited to:

1. Beer and wine sales, with food service. This modification would allow the sale of beer and wine for indoor consumption to be a permitted use by-right with a State license at an establishment providing food service. Currently, this type of request requires Zoning Administrator approval of a Minor Conditional Use Permit.

2. Height of detached accessory buildings. This modification would allow detached accessory buildings to exceed a height of 15 feet, up to the height limit of the applicable zoning district, if the building complies with required setbacks. Currently, this type of request requires Planning Commission approval of a Conditional Use Permit.

3. Special activities for nonresidential uses. These changes are recommended in response to Planning Commission comments. The changes would clarify code requirements and allow nonresidential uses to have one-day or two-day special events, up to 15 total days in a calendar year. Special activities that are three or more consecutive days would continue to require a Zoning Administrator decision. There must be five days between events and special activities for nonresidential uses in residential or mixed-use zones would require public notification mailings to property owners within 300 feet of an event site. Currently, the Zoning 3 Meeting Date: September 14, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
Code is ambiguous on whether staff can approve a one-day event per year or more than one, up to 15 days per year. As a result, businesses have been limited to a one-day event per year with staff approval. No public notification is currently required. A Zoning Administrator decision has been required to allow events that involve 2 to 15 days per year. The proposed changes are to clarify requirements and allow businesses to have shorter multiple one or two-day events with staff review, while ensuring surrounding properties are notified when events are in proximity to residential uses. This would allow staff to consider the success of previous events when considering evaluating a request for a repeat event. As proposed, the City Planner will forward special activities to the Zoning Administrator if warranted.

4. Holiday and seasonal sales. The change would maintain the current Temporary Use Permit approval process for these types of requests, but would increase the allowance for seasonal events, like Christmas tree lots, from 45 days to 55 days. This change is recommended in response to Planning Commission comments.

Appeals Fee and Authority
The Planning Commission recommended being granted authority by the Zoning Ordinance to call-up Zoning Administrator decisions and to reduce the appeal fee to $100.

Currently, the City Council has the option to appeal a Zoning Administrator decision with a majority vote when it reviews the subject meeting minutes. The Planning Commission recommends being designated as the appeal body because they routinely evaluate land use planning proposals and receive training, so they are adept to evaluate the appropriateness of planning decisions at a lower level. If the proposed change were implemented, the Planning Commission could appeal a Zoning Administrator decision with a majority vote and then a public hearing must be held within 60 days to consider the appeal. Following a Planning Commission decision, the City Council would review the meeting minutes with the option to call-up the appeal by majority vote. The appeal also must be heard within a 60-day period. The change would add transparency and oversight of lower level decisions but adds a step that can extend the appeals process up to 120 days, which is inconsistent with permit streamlining goals. The attached proposed Ordinance maintains the existing appeals process, but can be edited if Council agrees with the Planning Commission on this issue.

The appeal fee is currently $1,447.67 (applicant request) or $628.08 (public request). Staff recommends to maintain the fee, concluding it continues to be a reasonable subsidized amount to process appeals. The fee was adopted in 2008 with an annual consumer price index adjustment to cover staff expenses for research, staff coordination, document preparation, public noticing, and meeting attendance.

Council Options:
 Introduce Ordinance 1759 regarding the zoning amendments; adopt Resolution No. 23-93 that updates the fee schedule to reflect the proposed zoning amendments; and maintain the appeals process and fee.
 Modify and introduce Ordinance 1759 and/or modify and adopt Resolution No. 23-93. 4 Meeting Date: September 14, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
 Continue the item and provide staff with alternative direction, such as changes to the proposed zoning amendments, appeals process, or fee schedule.  Decide not to move forward with the zoning amendments.

Environmental Review/Analysis:

The proposed zoning amendments and fee schedule updates do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and 15378(b)(5) because the Ordinance and Resolution involve continuing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Planning Commission Recommendation
..recommendation

1. Introduce an Ordinance adopting Zoning Amendment (ZA) 22-366 to Sections and Tables of Title 17 (Zoning) of the San Clemente Municipal Code that clarify, streamline, and consolidate zoning permit procedures.

2. Designate the Planning Commission as the appeals body for Zoning Administrator.

3. Reduce the appeals fee to $100.

Staff Recommendation

2. Adopt a Resolution that updates the fee schedule to reflect the proposed zoning amendments.

3. Maintain the current permit appeals process and fee. ..end
Attachment:

1. Summary of Proposed Amendments

2. Tracked Changes for Zoning Amendments

3. Ordinance 1759 for ZA 22-366:

Exhibit A - Zoning Amendments

4. Resolution 23-93 for Fee Schedule Update

5. City Council Meeting May 25, 2022 Minutes and Report

6. Planning Commission Meeting Minutes

7. Public Correspondence
5 Meeting Date: September 14, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
Notification:

This continued item was previously noticed with an 1/8-page notice published in the San Clemente Times and sent to project interest/special notice list. 6 TABLE 1ͲSUMMARY OF PROPOSED STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 1 89 17.72.050(A)
Nonconforming structure
additions
Additions 50 percent or
greater to singleͲfamily
residences with less than
1,400 square feet of floor
area, as of March 21, 1996, up
to 2,100 square feet.

ZAZoning Administratorapproval of a Minor
Architectural Permit or
Minor Cultural Heritage
Permit, with a Design
Review Subcommitteerecommendation.

ZAThis would require Zoning Administrator
approval of a Development Permit or CulturalHeritage Permit (for historic resources) without aDesign Review Subcommittee review unlessreferred by the City Planner or Zoning Administrator. For approval, projects must meet
design guidelines, meet zoning standards, and bein character with the neighborhood. Therefore, it is not apparent why DRSC review is needed bydefault, which adds time to the City’s review process. The project must meet the standardsand guidelines. Routinely, projects are reviewedfor architectural styling when the focus is on massing and scale to maintain a nonconformingaspect of a structure with a larger addition to a singleͲfamily residence. The City Planner orZoning Administrator may require Design Review Committee review.
$77$&+0(17
7 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 2 67 17.24.040
(C)(2),
Generaldevelopment
standards,accessorybuildings and
structures
Height limits for detached
accessory structures and
buildings Detached accessory
structures over 15 feet high,
up the height limit of the zone,
that are in the rear oneͲhalf ofthe lot.

PCPlanning Commissionapproval of a
Conditional Use Permit
for buildings to be over15 feet, up to the heightlimit of the zone,regardless of whetherthe accessory buildingcomplies with setbacks.If the accessory buildingwere attached, thezone’s height limitapplies so no reviewprocess is required.

PCThis would require Planning Commission
approval of a Development Permit or Cultural
Heritage Permit for buildings that encroach intorequired setbacks. If setbacks are met, the heightlimit of the zone would apply. This is proposed because:1. The height limit would be similar for an
attached or detached accessory building thatmeets setbacks for compatibility betweenadjacent properties.

2. If this change weren’t made, the incentive is
to attach an accessory building to increasethe height limit over 15 feet, up to the heightof the zone. Therefore, the current heightstandard encourages larger massing with less articulation than a detached accessorybuilding that must be separated a minimum of five feet. The changes are more in linewith the intent of zoning standards to encourage articulation and compatibilitybetween uses on adjacent properties. Notethat Accessory Dwelling Units have differentheight limits in another section of the ZoningCode. 8 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 3 44 17.16.100,
Nonresidential accessorybuildings
new, nothistoric
Development of
nonresidential accessory
buildings on property that is
not on the City’s listed of
designated historic structures
and landmarks. The buildings
are screened from adjoining
public rightͲofͲway, where theproposed building has floor area less than or equal to
2,000 square feet and less
than 50 percent of the primarybuilding’s floor area.

PCPlanning Commissionapproval of a Site PlanPermit, andArchitectural Permit orCultural Heritage Permitif proposed in theArchitectural Overlay.

ZAThis would require Zoning Administrator
approval of a Development Permit. The ZoningCode allows nonresidential building additions less than 2,000 square feet with ZoningAdministrator approval. The proposed changesallow a new building of a similar size to bereviewed by the Zoning Administrator if screenedfrom public rightͲofͲway. Otherwise, PlanningCommission approval is required as it is currently. Staff recommends this change to allow
an addition to have a similar level of review to a
new building of a comparable size. The CityPlanner or Zoning Administrator may requireDesign Review Committee review. 9 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 4 45 17.16.100,
Residentialdwellings,not historic
Development of a singleͲ
family dwelling or duplexacross a street from and
abutting the City’s designated
historic resources and
landmarks list.

PCPlanning Commissionapproval of anArchitectural Permit orCultural Heritage Permit if proposed in the
Architectural Overlay orabutting a historic
resource (including
across a street).

ZAThis would require Zoning Administrator
approval of a Development Permit. Thestreamlining would be limited to projects withsignificant separation from historic resources to ensure they do not have a massing and scaling
impact on them. Projects must be across the
street from a historic resource. Public rightͲofͲ
way for collector streets ranges from 40 to 60feet in width with required front setbacks beyond that for 70Ͳ90 feet of separationbetween a project and a historic resource.

Planning Commission changes:Initially, staff proposed reducing which projectsare subject to a public hearing to singleͲfamily dwellings and duplexes with less than: a) a fiveͲ
foot front setback between the first and second
floors; or b) a 30Ͳfoot front setback for building
height above the tallest roofline of historicbuildings. If a project had a larger setback or lower height, staff would be eligible to approve
the projects without a hearing. The PlanningCommission didn’t support eliminating publichearings on development or expansion of singleͲfamily dwellings or duplexes regardless ofwhether they had larger setbacks or a lowerheight. 10 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 5 45 17.16.100,
New
dwellings,not historic
Development of three or moredwelling units on properties located within 300 feet fromresidentially zoned buildings on the City’s designatedhistoric resources and
landmarks list.

PCPlanning Commissionapproval of a Cultural
Heritage Permit if
proposed in the
Architectural Overlay or
projects are on sites
with a triplex or moredwelling units visible apublic view corridor orfrom public rightͲofͲwayadjoining historicstructures.

ZAReduces the level of review from Planning
Commission to Zoning Administrator approval ofa Development Permit. This streamlines projectswith significant separation to avoid potentialmassing and architectural character impacts on historic resources.Planning Commission changes:Initially, staff also proposed reducing whichprojects are subject to a public hearing to projects located within 120 feet (vs. 300 feet) ortwo parcels from residentially zoned buildings onthe City’s list of designated historic structuresand landmarks. If a project was more than 120 feet and two parcels from a historic structure,staff would be eligible to approve the projectswithout a hearing. The Planning Commission didn’t support eliminating public hearings by
reducing the distance from 300 feet.
11 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 6 45 17.16.100,
Residentialaccessorybuildings
new, nothistoric
Development of residential
accessory buildings onproperty that is not on the
City’s listed of designatedhistoric structures and
landmarks. The buildings arescreened from adjoining publicrightͲofͲway, where the proposed building has floorarea less than or equal to 500 square feet and less than 50
percent of the primary
building’s floor area.

PCPlanning Commissionapproval of a CulturalHeritage Permit if proposed in theArchitectural Overlay,proposed on a site witha singleͲfamilyresidence or duplexabutting a historicresource (i.e. includesacross the street), or projects are on siteswith a triplex or moredwelling units within300 feet of the project site, unless exemptwhen projects are notvisible from a public view corridor or frompublic rightͲofͲway
adjoining historicstructures.

ZA1. Reduces the level of review from Planning
Commission to Zoning Administrator
approval of a Cultural Heritage Permit.

2. Currently, the Zoning Code allows Zoning
Administrator approval of additions under500 square feet but requires Planning Commission approval of new buildings of anysize. Staff recommends reducing the level ofreview for a new accessory building under500 square feet so it is reviewed similar to an addition of a similar size and potentialimpact. The changes also specify the buildingmust be under 50 percent of the primarybuilding’s floor area so it is accessory.Currently, such a limit isn’t included. Lastly,the accessory building must be screenedfrom public rightͲofͲway. 12 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 7 56 17.16.110,
Nonresidential accessorybuildings,
historic
Development of
nonresidential accessory
buildings on the City’s listed of
designated historic structuresand landmarks. The buildings are screened from adjoining
public rightͲofͲway, where theproposed building has floor area less than or equal to 500square feet and less than 50 percent of the primarybuilding’s floor area.

PCPlanning Commission
approval of a Site PlanPermit and CulturalHeritage Permit.

ZAReduces the level of review from PlanningCommission to Zoning Administrator approval ofa Cultural Heritage Permit. Currently, the Zoning Code allows Zoning Administrator additionsunder 2,000 square feet but requires Planning Commission approval of new buildings of anysize. Staff recommends reducing the level ofreview for a new accessory building under 500 square feet, smaller than an addition under2,000 square feet allowed with Zoning Administrator approval, and that has morepotential impact. The changes also specify the building must be screened from adjoining public
rightͲofͲway and be under 50 percent of the
primary building’s floor area so it is accessory.Currently, such a limit isn’t included. Lastly, theaccessory building must be screened from publicrightͲofͲway. 13 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 8 56 17.16.110,
Residentialaccessorybuildings
new, historic
New residential accessory
buildings screened fromadjoining public rightͲofͲway
with less than or equal to 500
square feet and less than 50percent of the primarybuilding’s floor area.

PCPlanning Commission
approval of a Cultural
Heritage Permit.

ZAReduces the level of review from Planning
Commission to Zoning Administrator approval of
a Cultural Heritage Permit. Currently, the ZoningCode allows the Zoning Administrator to act onadditions under 500 square feet but requiresPlanning Commission approval of new buildings of any size. Staff recommends reducing the levelof review for a new accessory building under 500 square feet so it is reviewed similar to anaddition of a similar size and potential impact.The changes also specify the building must beunder 50 percent of the primary building’s floorarea so it is accessory. Currently, such a limitisn’t included. 14 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 9 33 17.16.095,
Accessorystructuresand exterior
changes, not
historic
Types of structures and
exterior changes (numbering is
consistent with the list in
proposed section 17.16.095):

1. Additions to Private
Recreational Facilities

2. Accessory Structures:

Other Minor

3. Awnings4. Chimneys and Metal Flues

5. Color and Finishes: Exterior

6. Decks or patios7. Doors8. Driveways/Paving/Minor
Site Work

9. Fences11. Landscape Alterations12. Lighting: Exterior13. Mechanical Equipment:

General

14. Mechanical Equipment:

Rooftop

15. Porches16. Roofs (and “Reroofs”)17. Sheds or spas
City PlannerCity Planner approval ofa staff waiver of a Minor Architectural Permit.

City PlannerReplaces staff waivers of Minor ArchitecturalPermits and Minor Cultural Heritage Permits with a new permit type, Administrative Development
Permits. Administrative Development Permits
are an administrative approval process of minor
projects requiring design review in theArchitectural Overlay that are adjacent to, or involve, historic structures and nonresidentialproperties; these modifications would addgeneral standards, projectͲspecific standards,and change the types of projects andcircumstances which would be eligible for staffͲ level approval, subject to appeal, with all permitsdisclosed publicly for transparency.Currently, there is a broader category of projectseligible for administrative approval. This wouldbe replaced with lists of types of projects thatmay be approved by staff if those projects meet general and projectͲspecific standards (e.g.,
projects that won’t affect characterͲdefining
features of historic structures, such as a privacyfence constructed of certain materials). The CityPlanner would have discretion to require a publichearing depending on the level of public concernanticipated for a project. 15 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 9 Same as
above

18. Sidewalk Seating and
Enclosures for CommercialOutdoor Dining Areas

19. Skylights20. Trellises, pergolas, or
arbors

Planning Commission changes:

The Planning Commission revised several criteria
and did not support staff’s proposal to allow thefollowing to be approved by staff versus thePlanning Commission:1. The development and expansion of a singleͲ family dwelling or duplex across a street andabutting the City’s designated historicresources and landmarks list, in which the building has at minimum: i) a fiveͲfoot front
setback between the first and second floors;and ii) a 30Ͳfoot front setback for buildingheight above the tallest roofline of historicbuildings;

2. The development or expansion of three of
more dwellings on a site separated morethan 120 feet, up to 300 feet, and at least two parcels from residentially zonedbuildings on the City’s historic resources andlandmarks list. 16 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 10 33 17.16.095,
Accessorystructuresand exterior
changes,historic
Types of structures andexterior changes (numbering is
consistent with the list in
proposed section 17.16.095):

2. Accessory Structures:

Other Minor (six feet high
maximum, screened from
public rightͲofͲway and are
detached)

3. Awnings4. Chimneys and Metal Flues
(limited to improving
historic integrity)

5. Color and Finishes: Exterior6. Decks or patios (screened from public rightͲofͲwayand detached)

7. Doors (rehabilitate and
repair unless this cannotbe done)

8. Driveways/Paving/Minor
Site Work (providingaccess to entrances, exits,patios, courtyards, andutility pathways)

9. Fences (not in yards
adjacent to streetfrontages)
City PlannerCity Planner approval of
a staff waiver of a MinorCultural HeritagePermit.

City PlannerReplaces staff waivers of Minor ArchitecturalPermits and Minor Cultural Heritage Permits witha new permit type, Administrative DevelopmentPermits. Administrative Development Permits are an administrative approval process of minor
projects requiring design review in the
Architectural Overlay that are adjacent to, or
involve, historic structures and nonresidentialproperties; these modifications would add general standards, projectͲspecific standards,and change the types of projects andcircumstances which would be eligible for staffͲlevel approval, subject to appeal, with permitsdisclosed publicly for transparency.Currently, there is a broader category of projects eligible for administrative approval. This would
be replaced with lists of types of projects that
may be approved by staff if those projects meetgeneral and projectͲspecific standards (e.g.,projects that won’t affect characterͲdefiningfeatures of historic structures, such as a privacyfence constructed of certain materials). The City Planner would have discretion to require a publichearing depending on the level of public concern anticipated for a project.
17 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 10 Same as
above

10. Historic Resources, Minor

11. Landscape Alterations
(except landscaping onhistoric survey as a
contributor to a resource’s
significance)

12. Lighting: Exterior13. Mechanical Equipment:

General

14. Mechanical Equipment:

Rooftop (fully screened
from public view)

16. Roofs (and “Reroofs”)17. Sheds or spas18. Sidewalk Seating and Enclosures for Commercial
Outdoor Dining Areas

19. Skylights (over nonͲoriginal
building areas)

20. Trellises, pergolas, or
arbors (screened from
public rightͲofͲway)

21. Walls22. Windows
Same as above (continued from above)
The proposed changes are streamlining because
the process would be more objective. Thisreduces the time, paperwork, and recordkeeping for the public and staff to process these minor projects. There would be no need to draft
findings, conditions of approval, and have theapplicant sign forms. There could be a simplerapplication with less work to complete. This frees up time for other tasks such as plan review or
public hearing projects.
18 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 11 74 17.36.020,
Commercial
zone uses for
alcoholservice,amusementcenters,bowlingalleys, poolhalls, andtheaters Requests to establish uses foralcohol service, amusement centers, bowling alleys, pool
halls, and theaters.

1. ZA
ZoningAdministrator
approval of a MinorConditional UsePermit for beer and
wine with food
service indoors.

2. PC
PlanningCommissionapproval of a
Conditional UsePermit to allowamusement centers,bowling alleys, poolhalls, and theaters.

1. Staff
Reduces level of review to staff for allowanceof beer and wine onͲsite indoors with food service without a public hearing.

2. ZA
Reduces level of review to ZoningAdministrator approval of a Minor Conditional Use Permit, allowing amusementcenters, bowling alleys, pool halls, andtheaters. 19 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 12 78 17.40.040,
Mixed zoneuses, alcohol
service andresidentialaccessorybuildings

1. Alcohol service indoors
with food service at
restaurants, event and
entertainment venues,
lodging facilities; and

2. Residential accessory
buildings over 15 feet inheight in Mixed Use 3.1,

3.3, and 5 zones.

1. ZA
ZoningAdministratorapproval of a MinorConditional Use
Permit for beer andwine with foodservice indoors.

2. PC
PlanningCommissionapproval of a
Conditional UsePermit to allowdetached residentialaccessory buildingsover 15 feet inheight in the MixedUse 5 zone only.

1. Staff
Reduces level of review to staff for allowanceof beer and wine onͲsite indoors with food service without a public hearing.

2. Staff
Reduces the level of review to staff forspecific circumstances. This would allowdetached residential buildings up to the height of the zone if the building meetsrequired setbacks for the primary structure.

This would apply to the Mixed Use 3.1 (MU

3.1), MU 3.3, and MU 5 zones where stanalone residential uses are allowed, like aresidential zone. 13 87 17.64.110,
OffͲsite
parking fornonresidential uses
Provide requirednonresidential use parkingoffsite within a certaindistance of the use with arecorded agreement.

PCPlanning Commission ofa Conditional UsePermit.

ZAZoning Administrator approval of a Minor
Conditional Use Permit. Also, the maximum for
parking offͲsite would be increased to 1,000
square feet. This was a City Council directive forthe prior parking studies in North Beach and theDowntown. 20 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 14 87 17.64.110,
Sharedparkingnonresidential andmixedͲuseprojects
Share private parking facilities
between multiple uses in
nonresidential and mixedͲ
zones when peak operatinghours are offset.

PCPlanning Commission of
a Conditional Use
Permit.

ZAZoning Administrator approval of a Minor
Conditional Use Permit.
15 65 17.16.250,
Signage
Requests to allow various
signage exceeding a sign areaor number of signs to requirepublic hearing approval.

PCPlanning Commission
approval of aDiscretionary SignPermit
ZAZoning Administrator approval, except signage
proposed in the Architectural Overlay,
freestanding signs, and Master Sign Programs for
new development. In these instances, thesignage would continue to be reviewed by the Planning Commission.

Planning Commission changes:Initially, staff proposed designating the ZoningAdministrator for signage decisions, except signage proposed in conjunction with
development. The Planning Commission alsoadded exceptions for the Architectural Overlayand freestanding signs. 21 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) 16 91 17.28.300,
Temporaryuses andstructures,seasonalholiday salesandnonresidential specialactivities Requests to allow: 1) seasonalholiday sales like Christmas tree lots and pumpkin sales,
and 2) nonresidential specialactivities. A special activity is on private property
(commercial or nonͲcommercial) within any zoningdistrict which temporarily intensifies the impacts of apermitted use, such as artshows, open houses, grandopenings, circus/carnivals, food truck and/or music
festivals, promotion,entertainment, fireworkdisplays, tent sales, farmersmarkets.

1. For seasonal and
holidays sales,activities are limited
to 45 days per yearwith a TemporaryUse Permit, like
Christmas tree lots.

2. A Special Activity
Permit is allowed topermit anonresidentialspecial activity. TheZoning Code isambiguous onwhether staff canapprove a oneͲdayevent per year ormore than one, upto 15 days per year.As a result,businesses havebeen limited to aoneͲday event peryear with staffapproval. No publicnotification is required. A ZoningAdministratordecision has beenrequired to allowevents that involve 2to 15 days per year.

The Planning Commission recommended these
changes through the hearing process.1. For seasonal holiday sales, the ordinance would increase the allowance for sales from
45 days to 55 days with a Temporary Use
Permit.

2. For special activities, the changes would
clarify code requirements and allownonresidential uses to have oneͲday or twoͲ day special events, up to 15 total days in acalendar year with the approval of aTemporary Use Permit. Special activities that are three or more consecutive days wouldcontinue to require a Zoning Administratordecision. There must be five days betweenevents and special activities fornonresidential uses in residential or mixedͲuse zones would require public notificationmailings to property owners within 300 feetof an event site. This would allow businesses to have shorter multiple oneͲorͲtwo dayevents with staff review, while ensuringsurrounding properties are notified whenevents are in proximity to residential uses.Staff could consider the success of eventswhen considering a repeat event. The CityPlanner may forward special activities to the Zoning Administrator if warranted.
22 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes Changes to General Procedures17 7 17.12.040,
Filing an
Application
The changes update story pole
requirements. The ZoningCode allows the City to require story poles, other visual
analysis tools, or otherinformation as needed to
review a project
Story poles arerequired to allow three
story projects in the
Architectural Overlay
or projects with
potential to affectpublic view corridors inthe Coastal Zone.When story poles arerequired, the ZoningCode currently requiresconnecting thickcolored lines orpennants, whichaccurately represent“the full extent of theproposed structure,including decks andeaves, shall beconstructed.” This is ambiguous, oftenleading to installations
with many poles that
are costly and can bechallenging to visualize.

The Planning Commission recommended thesechanges through the hearing process.Rather than require story poles automatically, the proposed changes make it so story poles
“may be required” as one of several tools to
evaluate visual impacts, but emphasizes story
poles are more likely to be required for coastalview corridors and larger projects in theArchitectural Overlay. Also, the changes addstext to clarify how story poles should be installed: “the outermost corners of thebuilding’s roof area and along the tallest roofridgelines or peaks, or other areas necessary to evaluate visual impacts at the discretion of theCity Planner or Review Authority.” This would reduce the number of story poles to what isneeded to define the outermost profile of thebuilding, while providing some discretion ifneeded. The City Planner shall have finalapproval authority over the location of the storypoles to ensure that they do not detrimentallyimpact the public or the then current use of theproperty. 23 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 18 12 17.12.060,
Generalprocedures,Referrals tohigher level
If a project has potential for
significant public impact or
concern, this section identifies
authority to refer suchprojects to a higher publichearing level for more transparency, groupcommittee decisions, and
public participation.

The City Planner may
refer items to the
Zoning Administrator.

Allows the City Planner to also refer items to thePlanning Commission if warranted. This could streamline a review process in a situation where
significant public concern is expected. By
forwarding to a higher level early, it reduces
potential for a multiple hearing process with
appeals.Planning Commission changes:

The Planning Commission did not support staff’sproposals to allow the Zoning Administrator torefer projects to the City Council, PlanningCommission referrals to the City Council, or add a means for the City Council to waive PlanningCommission review by a majority vote. 24 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 19 13 17.12.065,
Withdrawalof InactiveApplications
Modifies the process for City
withdrawal inactiveapplications
Currently, the City must
send a certified letter
that gives an applicant
90 days notice an
application could bewithdrawn and then
gives another 90 days tosubmit requestedmaterials or funds that were described in an
incomplete letter. Ifmaterials aren’treceived by thatdeadline, the City maywithdraw the inactiveapplication The proposed amendments change this processso that the incomplete letter specifies a timelinefor submitting requested items or the applicationis inactive and subject to withdrawal. The timeline is six months unless an alternate
timeframe or an extension is granted by the CityPlanner. An extension requires the applicant tosubmit a letter prior to the timeline, explaining the reasons for the inactivity. The City Plannermay grant an extension if a finding is made thatthere were unusual circumstances preventingthe applicant from resubmitting the application within the timeframe. The extension wouldspecify a certain timeline to submit the materialsnecessary to resume the review process. These changes simplify the process to close inactiveprojects, reducing work time taken away fromother projects in order to contact applicants for necessary materials or funds to continue the
review processPlanning Commission changes:Initially, staff had a proposal to reduce the 90day periods to 30 days and allow other forms ofwritten correspondence to notify applicants ofinactive applications. The Planning Commissionfavored giving six months for the process withoptions to deviate in special circumstances 25 TABLE 2 – APPLICATION CONSOLIDATION
(dated June 7, 2023) Item Page # Redline Section (Proposed) Existing Application Proposed Application 1 33 17.16.095,
AdministrativeDevelopmentPermit
Staff Waiver of Minor Architectural
Permit or Minor Cultural Heritage
Permit.The City Planner may approve a staff
waiver of a Minor Architectural Permitor Minor Cultural Heritage Permit to allow minor architectural changes. The
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 anoverly broad category: “Other minor projects that do not substantially alterthe visual appearance and/orarchitectural integrity of the property orstructure.” Administrative Development Permit.The staff waiver application is replaced with a new “Administrative Development Permit.” The City Plannerwould no longer make discretionary findings to make adecision on a project. For approval, projects must meet newobjective general and projectͲspecific standards to meet State law for staff level permits. The new general standardsaddress design issues, such as architectural style, materials,colors, massing, scale, and historic considerations. TheprojectͲspecific standards are additional objective criteriafor eligible projects, such as criteria for materials, size,height, etc. Projects that don’t meet criteria would require apublic hearing. Also, the City Planner would retain authorityto refer applications to a public hearing if they determine aproposal has the potential for significant public concern orimpacts.The use of objective standards reduces subjectivity andprobability of errors for decision making. Also, the changesreduce the time, paperwork, and record keeping for thepublic and staff to process these minor projects. There would be no need to draft findings, conditions of approval, and have the applicant sign extra forms. There could be asimpler application with less work to complete. This frees uptime for other tasks such as plan review or public hearing projects.
26 TABLE 2 – APPLICATION CONSOLIDATION
Item Page # Redline Section (Proposed) Existing Application Proposed Application 2 44 17.16.100,
DevelopmentPermit
Minor Site Plan Permits, Site Plan
Permits, Minor Architectural Permit
Architectural Permits, Minor Cultural
Heritage Permit, and Cultural Heritage
PermitsThese applications are required to allow
various development, such as
nonresidential development,
development of five or more residential
units, projects on properties in the
Architectural Overlay district, and
projects on residential propertiesadjacent to historic structures.The Zoning Administrator makesdecisions on Minor Site Plan Permits, Minor Architectural Permits, and MinorCultural Heritage Permits. The PlanningCommission considers Site Plan Permits,Architectural Permits, and CulturalHeritage Permits.

Development Permit.
“Development Permit” is a new application that
consolidates applications with similar findings: Minor SitePlan Permits, Site Plan Permits, Minor Architectural Permits,and Architectural Permits. Also, Development Permitswould be required for several projects instead of a MinorCultural Heritage Permit or Cultural Heritage Permit that do not involve historic resources. This includes projects in the Architectural Overlay district, singleͲfamily and duplex sites abutting historic resources, and sites with triplexes or moreunits within 300 feet of residentially zoned historicresources. The Ordinance adds a table that lists projecttypes subject to the permit and specifies what level ofreview is required for each project type. If a project requires review for more than one reason, a decision would be made by the highest review body for what is requested.
27 TABLE 2 – APPLICATION CONSOLIDATION
Item Page # Redline Section (Proposed) Existing Application Proposed Application 3 56 17.16.110,
CulturalHeritagePermits
Minor Site Plan Permits, Site Plan
Permits, Minor Cultural Heritage
Permits, and Cultural Heritage Permits.

These permits are required to allow
projects involving historic structures. TheZoning Administrator makes decisions on Minor Site Plan Permits and Minor
Cultural Heritage Permits. The Planning
Commission considers Site Plan Permits
and Cultural Heritage Permits.

Cultural Heritage Permits.Cultural Heritage Permits are repurposed to focus entirelyon reviewing projects involving sites on the City’s designated list of historic resources, excluding exemptions and minor projects eligible for an Administrative
Development Permit. Unless historic resources are involved, Cultural Heritage Permits would no longer be required for projects in the Architectural Overlay area or abuttinghistoric or adjacent to historic resources. That would now be the role of the Development Permits process with
different findings and policy focus. Similar to DevelopmentPermits, the Ordinance adds a table that lists project types subject to the permit and specifies what level of review isrequired for each project type. If a project requires review for more than one reason, a decision would be made by thehighest review body for what is requested. 4 91 17.16.150,
Temporary Use
Permits
Special Activity Permits.

This permit is required to allow a
nonresidential special activity on private
property that temporarily intensifies the
impacts of a permitted use.

Temporary Use Permits.The Ordinance consolidates Special Activity Permits into Temporary Use Permits that are required for other
temporary special activity type uses such as holiday
seasonal sales and parking lot sales.
28 Redline Zoning Amendments ATTACHMENT 2

MINOR CLEAN UP REVISIONS
Staff made minor clean up revisions to the proposed zoning amendments since the June 7, 2023 Planning Commission’s action to recommend City Council adoption of the proposed Ordinance. These minor clean up amendments are limited to Sections 14 and 15 of this attachment.

SECTION 1. Section 17.12.020 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.020 Review Authorities.

This section identifies the review authorities responsible for making decisions on applications required by the Zoning Ordinance.

A. City Council. Refer to Chapter 2.04 for a description of the City Council's function, duties, and powers.

B. Planning Commission. Refer to Chapter 2.32 for a description of the Planning Commission's function, duties, and powers.

C. Zoning Administrator. Refer to Chapter 2.34 for a description of the Zoning Administrator's function, duties, and powers.

D. The Planning Division.

1. Duties. The Planning Division is responsible for the administration of the Zoning Ordinance, including the following functions:
a. Application Process. The Planning Division shall process applications consistent with goals and policies in the General Plan and the Zoning Ordinance. If a project is located in a Specific Plan area, then applications shall also be processed consistent with the Specific Plan. If the application is in the coastal zone, then the application shall be processed consistent with the goals and policies of the Coastal Land Use Plan (CLUP). b. Public Information. The Planning Division shall have the responsibility to provide information to the public on provisions and requirements ofin the Zoning Ordinance. c. Coordination. The Planning Division shall be responsible for coordinating matters related to the administration of this title with other agencies, City departments and divisions, and City boards and commissions. The Planning Division participates in the Development Management Team (DMT), which is a group of City staff from various departments and staff from other agencies (e.g., the Orange County Fire Authority) that meets regularly to coordinate on the review of applications for completeness, consistency with requirements, guidelines, and policies. The DMT also makes non‐ binding recommendations to the applicable review authority. Unless required by this Title, the City Planner has discretion on whether to bring an application to the DMT for review and a recommendation.
d. Application Status Updates. The Planning Division shall provide information to applicants and interested parties on the status of applications. 29 Redline Zoning Amendments Page 2
E. Designated Powers.Review Authority for Required Approvals. Please rRefer to Table 17.12.020, Review Authority for Permits or Entitlements and Entitlements, for the review authority designated to act upon a list of applications reviewed and acted upon by the City Planner. required by this Title, according to procedures described in Section 17.12.060. The City Planner may refer applications to the Zoning Administrator for review and final action. Table 17.12.020 ‐
Review Authority for Permits and or Entitlements
Permit Application Final Review Authority1 Process Levels in Section 17.12.060
Public
Hearings
Administrative Development
Permit
City Planner Process 1 No
Administrative Sign Permit City Planner Process 1 No
Architectural Permit/Cultural
Heritage Permit
See Table

17.16.110Planning
Commission
Process 2 for
Zoning Administrator
decisions.

Process 3 for
Planning
Commission.

Yes
City Antenna Permit   City Manager   Process 1 No
Coastal Review In‐Concept City Planner   Process 1 No
Conditional Use Permit   Planning Commission,
except height for actions
on exceptions to height
limits of theexceptions in
MU 3.0 and MU 3.3
zonesthat require City
Council approval. The City
Council is the review
authority for such height
exceptions
Process 3 for Planning
Commission decisions.

Process 4 for City
Council.

Yes
Demolition of Historic
Properties
City Council Process 5 Yes
Designation of Historic
Resources and Landmarks
City Council Process 5 Yes
Development Agreements City Council Process 5 Yes
Development Permit See Table 17.16.100 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission.

Yes
Discretionary Sign Permit See Section 17.16.250 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission.

Yes
30 Redline Zoning Amendments   Page 3
General Plan Amendment   City Council   Process 5 Yes
Historic Property Preservation
(Mills Act) Agreements
City Council Process 4 Yes
Home Occupation Permit   City Planner   Process 1 No
Interpretations
Interpretations, Minor   City Planner   Process 1 No
Interpretations, Major   Planning Commission   Process 3 No Yes Minor Architectural
Permit/Minor Cultural Heritage
Permit
Zoning Administrator   Yes
Staff Waiver   City Planner   No
Minor Conditional Use Permit   Zoning Administrator   Process 2 Yes Minor Exception Permit   Zoning Administrator   Process 2 Yes Short‐Term Lodging Unit
Zoning Permit
City Planner Process 1 No
Short‐term Apartment Rental Zoning Administrator Process 2 Yes Minor Site Plan Permit   Zoning Administrator   Yes
Special Activities Permit City Planner Process 1 No
Specific Plan Amendment   City Council   Process 5 Yes
Temporary Use Permit   City Planner   Process 1 No
Tentative Parcel Map See Municipal Code Title 16 Yes
Tentative Tract Maps See Municipal Code Title 16 Yes
Variance   Planning Commission   Process 3 Yes
Waiver of Development
Standards for Historic
Resources and Landmarks
Planning Commission Process 3 Yes
Wireless Permit   City Planner   Process 1 No
Zoning Amendment   City Council   Process 5 Yes
1 Refer to Section 17.12.090, Consideration of Concurrent Applications, regarding review of concurrent applications.

SECTION 2. Section 17.12.025 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.025 ‐ Design Review Subcommittee.

This section describes the Design Review Subcommittee's function, duties, and applications that may require design review.

A. Function and Duties.

The Design Review Subcommittee is an advisory body, not an approval body. The Subcommittee advises applicants on how projects can best comply with policies and design guidelines that relate to various visual impact issues, such as site planning, architecture, landscaping, and the preservation of cultural and aesthetic resources. The policies and guidelines are contained in various planning documents, such as the General Plan, Design Guidelines, Specific Plans (when projects are located in a Specific Plan area), Zoning Ordinance, and Coastal Land Use Plan. 31 Redline Zoning Amendments Page 4
The Design Review Subcommittee does not focus on land use issues, which are the purview of the review authority. The Design Review Subcommittee forwards a recommendation to the review authority that acts upon a project. For sites on the City’s designated historic structures and landmarks list, the Design Review Subcommittee (DRSC) functions as the Cultural Heritage Subcommittee (CHSC). The CHSC has similar duties as the DRSC but with added emphasis on historic resource preservation.

B. Referrals to the Design Review Subcommittee.

The review authority may refer applications to the The City Planner and review authority may refer projects to the Design Review Subcommittee if not required otherwise by Chapter 17.16 for specific applications.

C. Applications that May Require Design Review Subcommittee Review.

Table 17.12.025 ‐ Applications and Design Review Process Application
Zoning
Ordinance
Code
Section
No.

DRSC review
Examples of design issues
reviewed by Design Review
Subcommittee
Administrative
Development
Permit

17.16.095 City Planner
discretion.

Issues similar to those listed for Cultural
Heritage Permits and Development Permits
City Antenna
Permit

17.16.130 Required. Aesthetics of new wireless antennas on City property
Conditional
Use Permit

17.16.060 Required for new
antenna projects and
exceptions to
development
standards.

Design, scale, materials, and massing of
certain development projects, such as new
wireless antennas and density bonus requests
for eligible housing projects. Visual impacts of
requests for height increases and limited
exceptions to other development standards
Cultural
Heritage Permit

17.16.110 Required. Refer to
Section 17.16.110.

Preservation and restoration of historic
resources and landmarks, site planning,
setbacks, compatibility and relationships with
32 Redline Zoning Amendments Page 5
adjacent development, and architectural
design issues, such as architectural quality
and style, massing, scale, proportions,
landscaping, materials, design features, and
visual impacts on aesthetic resources
Designation of
Historic Resources
and Landmarks

17.16.160 Required. Designation of historic resources and landmarks
Development
Permit

17.16.100 Required Refer to
Section 17.16.100.

Site planning, parking lot design, setbacks,
compatibility and relationships with adjacent
development, and architectural design issues,
such as design quality and style, massing,
scale, proportions, landscaping, materials,
design features, visual impacts on aesthetic
resources and adjacent historic resources
Discretionary Sign
Permit

17.16.250 Required. Design, scale, materials, location, and other visual aspects of signs that require a public
hearing process
Historic Property
Preservation (Mills
Act) Agreement

17.16.175 Required. Design, scale, materials, location, and other visual aspects of improvements to preserve
and restore historic resources
Site Plan
Permit

17.16.050 Required Site planning, parking lot design, setbacks, compatibility and relationships with adjacent
development
Minor Site Plan
Permit

17.16.050 City Planner
determination
Similar issues as Site Plan Permit
Conditional
Use Permit

17.16.060 Required for
new antenna
projects and
exceptions to
development
standards
Design, scale, materials, and massing of
certain development projects, such as new
wireless antennas and density bonus requests
for eligible housing projects. Visual impacts of
requests for height increases and limited
exceptions to other development standards
Variance 17.16.080 Required. Visual impacts of development standard exceptions
Architectural
Permit

17.16.100 Required Architectural design issues, such as architectural quality and style, massing, scale,
proportions, landscaping, materials, design
33 Redline Zoning Amendments Page 6
features, visual impacts on aesthetic
resources
Minor
Architectural
Permit

17.16.100 City Planner
determination
Similar issues as Architectural Permit
Cultural
Heritage Permit

17.16.100 Required Preservation and restoration of historic resources and landmarks. Visual impacts of
projects on nearby historic resources and
landmarks. Architectural design issues, such
as architectural quality and style, massing,
scale, proportions, landscaping, materials,
design features, and visual impacts on
aesthetic resources
Minor Cultural
Heritage Permit

17.16.100 City Planner
determination
Similar issues as Cultural Heritage Permit
City Antenna
Permit

17.16.130 Required Aesthetics of new wireless antennas on City property
Designation of
historic
resources and
landmarks

17.16.160 Required Designation of historic resources and landmarks
Historic
Property
Preservation
(Mills Act)
Agreement

17.16.175 Required Design, scale, materials, location, and other visual aspects of improvements to preserve
and restore historic resources
Discretionary
Sign Permit

17.16.250 Required Signage design, size, materials, lighting, visual impacts
Sign Exception
Permit 17.16.260 Required Visual impacts of sign standard exceptions SECTION 3. Section 17.12.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.040 Filing an Application.

A. Persons Who May File an Application (or Pre‐application). Unless otherwise specified, an application required or permitted by this title will only be accepted if signed by the owner of the subject property or by the property owner's authorized agent. When the property owner's authorized agent submits an application, the application must be accompanied by written 34 Redline Zoning Amendments Page 7
authorization from the property owner. If the property for which an application is submitted is in more than one ownership, all the owners or their authorized agents must either sign the application or submit a written, signed document indicating their consent to the application.

B. Application Forms. Unless indicated otherwise by Chapter 17.16, Applications, of this title, applications required or authorized by this title shall be submitted to the Planning Division and shall include forms and any other materials, reports, dimensioned plans or other information required by the application checklist available from the Planning Division. If a public hearing is required prior to issuance or approval of the application, all public notification materials required by Table 17.12.100, Public Hearing Requirements, must be included with the application. It is the responsibility of the applicant to ensure that all required information is provided.

C. Fees. The City Council shall, by resolution, establish and amend from time to time a schedule of fees for applications required or authorized by Chapter 17.16, Applications, of this title. Applicants shall pay the fees and costs for processing applications when the application is filed with the Planning Division. The purpose of the application fees is to reimburse the City for all costs incurred as the result of its administration of the provisions of this title.

D. Waiver of Fees. For special circumstances, the City Council may waive or reduce the application fees established by resolution of the City Council, based on the merit of the request. Waiver of fees shall be approved prior to application submittal. The applicant must file a request for waiver of fees with the City's Planning Division. The letter shall explain the reasons for the request for a waiver. The Planning Division shall forward the letter requesting a waiver of fees to the City Council for their review at the next regularly scheduled City Council meeting at which time the request can be agendized under New Business.

E. Supplemental Information. The City Planner, or review authority, may request the applicantsubmit information to clarify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Projects with added concern for visual impacts are more likely to require story poles that include construction or expansion of three story structures in the Architectural Overlay district and structures with the potential to affect public view corridors from public places in the Coastal Overlay zone.

1. Story Pole Staking. Specific Projects that Require Story Pole Staking. At minimum, story pole staking is required for the construction or expansion of structures with the potential to affect public view corridors from public places in the Coastal Overlay zone, regardless of number of stories, and the construction or expansion of three story structures in the Architectural Overlay district.

2. Story Pole Exemption for Time Extensions. Time extensions are exempt from story pole staking, unless the City Planner or review authority determines story poles are necessary.

Certification of Visual Analysis Tools. When visual analysis tools are required, the accuracy of the materials shall be certified by a licensed architect or engineer prior to scheduling the first public hearing for a project.
35 Redline Zoning Amendments Page 8

32. Story Pole Installation Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to exceed 28 calendar days prior to the hearing.

The following must be completed for a site to be deemed to have been properly staked with story poles:
a. Story poles and connecting thick colored lines or pennants, which accurately represent the limits of the proposed structure’s envelope. This includes the outermost corners of the building’s roof area and along the tallest roof ridgelines or peaks, or other areas necessary to evaluate visual impacts at the discretion of the City Planner or Review Authority. The City Planner shall have final approval authority over the location of the story poles to ensure that they do not detrimentally impact the public or the then current use of the property; and
b. A staking plan with the location and height of the story poles must be certified as accurate by a registered land surveyor or registered civil engineer. If a complete and certified staking of story poles for a project is not in place in the time required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles.

43. Story Pole Re‐certification. Re‐certification is required at least 14 calendar days prior to the first public hearing as described above in 2. Requirements, in the following instances:
a. If the project is modified during the design review process requiring the project to be re‐ staked; and/or
b. If the initial installation of story poles was completed one year prior to the final hearing date.

54. Story Pole Removal. A deposit in the amount the City Planner determines to be reasonably necessary to remove the story poles shall be made prior to the time the project is scheduled for public hearing. Story polesshall be removed by the applicant within 20 calendar days after the appeal period for the project has expired. Upon timely removal of the story poles, the deposit shall be returned to the applicant. The applicant's failure to remove the story poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall have the ability to access the site to remove the poles. Story poles must be removed if a project has been inactive for a period longer than six months. Story pole placement shall be photo‐documented from viewpoints determined by the City Planner to document size, mass, height, and scale, and shall be submitted to [be] retained by the City with the project file. Prior to the first public hearing on the project, the applicant shall grant to the City a written right of entry for purposes of pole removal.

SECTION 4. Section 17.12.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
36 Redline Zoning Amendments Page 9

17.12.050 Application Completeness.

A. Review for Completeness. The Planning Division shall determine the completeness of an application within the time period specified by State law,( Government Code Section 65943), after receiving a submitted application and associated information. No application shall be processed pursuant to this title until prior to the determination by the Planning Division determinesthat the application is complete. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law, (Government Code Section 65943), the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

B. Complete ApplicationsApplicant Notification. If an application is deemed complete, the Planning Division shall notify the applicant in writing. The application shall then be processed pursuant to the provisions of this title.

C. Incomplete Applications. If an application is deemed incomplete, the Planning Division shall notify the applicant in writing, outlining the reason(s) for the determination and the information necessary to complete the application. The letter shall also indicate that in the event the applicant does not wish to resubmit the application, a request can be made to the Planning Division within 90 days of the date of the letter for a refund of unused fees. Fees not requested for refund within this 90‐day period shall be forfeited to the City.

D. Resubmitted Applications. The Planning Division shall determine in writing the completeness of the resubmitted application within the time period specified by State law, Government Code Section 65943, and transmit the determination to the applicant in the manner provided in Subsection (C) of this section.

E. Failure to Determine Completeness. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law, Government Code Section 65943, the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

SECTION 5. The former Section 17.12.080 of the San Clemente Municipal Code is hereby re‐numbered to Section 17.12.055 and is amended to read in its entirety as follows:

17.12.080 055 Environmental Review.

All applications will be reviewed by the Planning Division for compliance with the California Environmental Quality Act (CEQA). No application shall be approved pursuant to this title prior to the completion and/or certification of applicable environmental documentation required by CEQA.

Applications shall be processed within the time limits prescribed in CEQA (Government Code Section 65920 et seq.).

SECTION 6. The existing provisions of Section 17.12.060 of the San Clemente Municipal Code are hereby struck and replaced with the following:

17.12.060 Decision Process
Application for permits or other matters shall be acted upon in accordance with one of the five decision processes established shown on Figure 17.12.060.A, except for capital improvement program projects.

The subject matter of the development application determinesthe processthatshall be followed for each application. The provisions of Chapter 17.16 that pertain to each permit, map, or other matter describe 37 Redline Zoning Amendments Page 10
the decision process in more detail. Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

Figure 17.12.060.A, Decision Processes
Process 1 – Staff Decision Without Notice
Application
Submitted
Staff Level
Review
Staff Decision Appeal to
Planning
Commission
(hearing)

Process 2 – Zoning Administrator Decision
Application/
Plans
Submitted
Staff Level
Review
Zoning
Administrator
Hearing
Appeal to City
Council
(hearing)

Process 3 – Planning Commission Decision
Application
Submitted
Staff Level
Review
Planning
Commission
Hearing
Appeal to City
Council
(hearing)

Process 4 – City Council Decision
Application
Submitted
Staff Level
Review
City Council
Hearing
(decision final)

Process 5– City Council Decision with Planning Commission Recommendation Application
Submitted
Staff Level
Review
Planning
Commission
Recommen‐
dation Hearing
City Council
Hearing
(decision final)

* Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

A. Process One – Staff Decision Without Public Hearing
A Process One decision on an application may be approved or denied by a City staff person specified in Table 17.12.020 or their designee. A public hearing will not be held. A decision may be appealed to the Planning Commission according to Section 17.12.140. 38 Redline Zoning Amendments Page 11
B. Process Two – Zoning Administrator Decision
A Process Two decision on an application shall be made as follows:

1. Decision Process. The Zoning Administrator may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Zoning Administrator’s decision may be appealed to the City Council according to Section 17.12.140.

C. Process Three – Planning Commission Decision
A Process Three decision on application shall be made as follows:

1. Decision Process. The Planning Commission may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Planning Commission’s decision may be appealed to the City Council according to Section 17.12.140.

D. Process Four – City Council Decision

1. A Process Four decision on an application may be approved, conditionally approved, or denied by the City Council at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Ability to Act as Review Authority for a Lower Level Process.

The City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020.

E. Process Five – City Council Decision with Planning Commission Recommendation A Process Five decision on an application shall be made by the City Council as follows:

1. Planning Commission Recommendation.

Before the City Council decision, the Planning Commission shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The hearing may be continued if desired by the Commission to solicit and obtain information needed to make a recommendation. However, the hearing shall be concluded no later than 60 calendar days after the initial hearing date. At the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council to approve, conditionally approve, or deny the application. If the Planning Commission fails to act within this 60‐day period the matter shall proceed to City Council without a recommendation.

2. Decision Process.
39 Redline Zoning Amendments Page 12
After receiving the Planning Commission’s recommendation or expiration of the 60‐day time period with no recommendation, the City Council shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The City Council may approve, conditionally approve, or deny the application at the conclusion of the hearing.

F. Referrals to Higher Review Level. A Review Authority has the discretion to refer applications to a higher review level, as follows:

1. The City Planner may refer Process 1 decisions to the Zoning Administrator or Planning Commission, depending on level of public concern anticipated for a matter. If decisions are referred to the Zoning Administrator or Planning Commission, a public hearing and notification shall be required according to Chapter 17.12; and

2. The Zoning Administrator may refer Process 2 decisionsto the Planning Commission, depending on level of public concern anticipated for a matter.

17.12.060 Applications Requiring Additional Information.

The City Planner, or review authority, may request the applicant submit information to clarify, amplify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made.

A. Story Pole Staking.

1. Specific Projects that Require Story Pole Staking. At minimum, story pole staking is required for the following projects:
a. The construction or expansion of structures with the potential to affect public view corridors from public places in the Coastal Overlay zone, regardless of number of stories.
b. The construction or expansion of three story structures in the Architectural Overlay district.

2. Exemption for Time Extensions. Time extensions are exempt from story pole staking, unless the City Planner or review authority determines story poles are necessary.

3. General Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to exceed 28 calendar days prior to the hearing. The following must be completed for a site to be deemed to have been properly staked with story poles:
a. Story poles and connecting thick colored lines or pennants, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be 40 Redline Zoning Amendments Page 13
constructed. The City Planner shall have final approval authority over the location of the story poles to ensure that they do not detrimentally impact the public or the then current use of the property; and
b. A staking plan with the location and height of the story poles must be certified as accurate by a registered land surveyor or registered civil engineer. If a complete and certified staking of story poles for a project is not in place in the time required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles.

4. Re‐certification. Re‐certification is required at least 14 calendar days prior to the first public hearing as described above in 1. Requirements, in the following instances:
a. If the project is modified during the design review process requiring the project to be re‐ staked; and/or
b. If the initial installation of story poles was completed one year prior to the final hearing date.

SECTION 7. Section 17.12.065 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.065 Withdrawal of Inactive Applications.

The City may close inactive applications according this Section. The City Planner has the authority to withdraw applications that are inactive for 180 days or more due to inactivity. Applications are inactive when requested materials, funds, or other information necessary to proceed with the processing of an application is not submitted.

A. Withdrawal ProceduresIncomplete Letters. The City determines the completeness of an application within the time period specified by State law as described in Section 17.12.050. If the application is incomplete, the City notifies the applicant in writing to describe what is needed to process the application, such as studies, development plans, forms, and fees. The letter specifies a timeframe for submitting the requested items.

B. Resubmittal Timeframe. Applications shall be deemed inactive and be closed at the discretion of the City Planner if the applicant does not submit requested items for six consecutive months following the date of the incomplete letter, unless the incomplete letter is specifies an alternate timeframe or an extension is granted according to Subsection C.When an application is inactive for 90 days or more, a letter is sent via certified mail to inform applicants that they have 90 days to submit requested materials, funds or other information necessary to proceed with the processing of an application. If requested materials or funds are not received within the 90 days (a total of 180 calendar days since an application begins to be inactive), then the City Planner has the authority to:

1. Withdraw the application; or

2. Schedule for the designated decision making authority (see Table 17.12.020) to consider the application as a consent item at the next available meeting. The City Planner may recommend for the decision making authority to deny the application without prejudice. The applicant would be notified of the meeting in advance.
41 Redline Zoning Amendments Page 14
C. Request for Time Extension. The applicant may request an extension of time to resubmit the application. The time extension request shall be made in writing and received within the resubmittal timeline described in Subsection B. The written request shall provide a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis.

The City Planner shall review the written request and provide the applicant a written determination, approving or denying the request, based on finding whether there are unusual circumstances preventing the applicant from resubmitting the application within the given timeframe. If the City Planner grants the applicant’s request, the written determination shall specify the additional time granted to resubmit the application. Then, the applicant shall submit requested items within extended resubmittal timeframe or the City shall have discretion to close the application.

B.D Return of Uunused Deposit deposit aAccount Ffunds and materials. If an application is withdrawn by the City or the applicant, the City shall contact the applicant to refund any unused deposit account fees. are refunded and materials are returned upon request. If an applicant is unresponsive, the City will refund fees when an opportunity arises to communicate with the applicant. Fixed fee applications are not refundable.

SECTION 8. Section 17.12.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.100 Public Hearing and Notification.

A. Purpose. This section defines procedures for public notificationfor conducting public hearings for applications when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title. A public hearing shall be held prior to action by the Zoning Administrator, Planning Commission, or City Council when required by State law or the City's local ordinances, guidelines or policies.

B. Notice of Public Hearings. A notice of public hearing is required for processes 32 to 65 in Section

17.12.060 that involve a public hearing action by the Zoning Administrator, Planning Commission, or City Council. The City Planner is authorized to advertise and notice Zoning Administrator and Planning Commission public hearings. The City Clerk is authorized to advertise and notice City Council public hearings. Table 17.12.020, Review Authority for Permits and Entitlements, identifies the applications that require a public hearing, as well as the review authorities for applications.

Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and thistitle, including all of the following requirements which must be complied with at least 10 days prior to the public hearing:

1. Publication. Publication in a newspaper of general circulation in the City of San Clemente; and

2. Mailing Recipients. Mailing a notice ofA notice of public hearing shall be mailed to the time, place and purpose of such hearing to all of the following:
42 Redline Zoning Amendments Page 15
a. Required oOwners of property within 300 feet of a site that is the subject of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one‐eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing; b. Local agencies expected to provide water,sewage,streets,roads,schools, or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected;, and
c. Persons requesting notice of such hearing;,
d. The City of San Clemente as owning property within a specified distance from the exterior boundaries of the subject property (radius of notice), unless the City is the sole applicant for the hearing that is the subject of the notice; and
Table 17.12.100, Public Hearing Requirements, lists the radius of notice required and the number of copies of mailing labels and envelopesthat must be provided with an application.

If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one‐eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior; and

3. Notice Content. At a minimum, the notice of public hearing shall include all of the following:
a. General subject of the public hearing;
b. The location of the property that is the subject of the application; c. The date, time, and place of the public hearing;
d. The Review Authority holding the public hearing; and e. The name, telephone number, and address of the City staff person to contact for additional information.

43. Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant by the Planning Division.
5C. Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with this Subsectionn (B) of this section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:
1a. Mailing and Publication. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of mailing and publication; and 2b. Posting. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an 43 Redline Zoning Amendments Page 16
affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

DC. Failure of Any Person to Receive a Mailed Notice. Failure of any person to receive notice according to this specified in Subsection (B) Section of this section shall not invalidate any proceedings.

D. Materials for Notice Mailings. Applicants shall provide all necessary materials for each public notice required by this Title, including: one set of stamped, labeled envelopes; a mailing list in label format: a radius map (for mailings); and a signed form certifying all materials are accurate at the timewithin six months of notice distribution.

Table 17.12.100 ‐ Public Hearing Requirements
Application (required by this
Title unless stated otherwise)
Required
Radius
Number of Sets
Stamped,
Labeled
Envelopes1
Mailing
List
Architectural/Cultural Heritage Permit   300 feet   1   1 Conditional Use Permit   300 feet   1   1
Development Agreements   300 feet   2   1
General Plan Amendment   300 feet   2   1
Minor Architectural/Cultural
Heritage Permit
300 feet   1   1
Minor Conditional Use Permit   300 feet   1   1
Minor Exception Permit   300 feet   1   1
Minor Site Plan Permit   300 feet   1   1
Sidewalk Waiver Appeal (see Municipal Code Chapter 12.08)   300 feet   1   1 Site Plan Permit   300 feet   1   1
Specific Plan Amendment   300 feet   2   1
Variance   300 feet   1   1
Zoning Amendment   300 feet   2   1
1 Projects requiring the processing of a number of applications should provide one set of stamped, labeled envelopes for each review body plus one mailing list for the project file.

SECTION 9. Section 17.12.140 of the San Clemente Municipal Code is hereby amended in its entirety as follows:

17.12.140 Appeals of an Action.

A. Appeals by the Public.

1. Right to Appeal.
a. Decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Community Development Director and/or City Planner, except for a decision on a Wireless Permit, to the Planning Commission, except for a decision on a Wireless 44 Redline Zoning Amendments Page 17
Permit. The Planning Commission's decision may be appealed to the City Council, whose decision shall be final. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2).
b. Decisions of the City Manager on City Antenna Permits. Any person may appeal a decision of the City Manager on City Antenna Permits to the Planning Commission. The Planning Commission's decision may by appealed to the City Council, whose decision shall be final. c. Decisions of the Zoning Administrator, or Planning Commission. Any person may appeal a decision of the Zoning Administrator or Planning Commission to the City Council. The City Council's decision on the appeal shall be final.

2. Time Limits for Filing an Appeal.
a. Decisions of the Community Development Director or City Planner. Except for appeals on Wireless Permit decisions, an appeal of a decision made by the Community Development Director or City Planner shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). b. Decisions of the City Manager on City Antenna Permits. An appeal of a decision made by the City Manager on a City Antenna Permit shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. c. Decisions of the Zoning Administrator or Planning Commission. An appeal of the decision of the Zoning Administrator, or Planning Commission shall be filed in the office of the City Clerk or with the City Planner within ten consecutive calendar days following the decision sought to be appealed.
d. Calculation of the Appeal Period. For the purpose of calculating the appeal period, the first day of the appeal period shall be the day immediately following the day on which the decision occurred. Other than appeals on Wireless Permits, the final day of the appeal period shall be the tenth calendar day following the first day of the appeal period, at 5:00 p.m. If the last day to appeal falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to appeal.

3. Method of Appeal. Appeals shall be in writing on a form obtained from the Planning Division or City Clerk. The appellant shall State state the specific reasons for the appeal. Appeal applications shall include , submit funds to pay the required appeal fee, and submit public notifications materials. Unless otherwise provided for in Table 17.12.100, Public Hearing Requirements, of this chapter public notification materials shall consist of postage pre‐paid envelopes addressed to each person owning property within 300 feet of the property which is the subject of the appeal, as such names appear on the latest County equalized tax assessment role.

B. Appeals by the City Council.

1. Right to Appeal. The City Council may appeal any decision of the Zoning Administrator or Planning Commission by calling up the decision for consideration by the City Council, in accordance with Subsection (B)(3) of this section.
45 Redline Zoning Amendments Page 18

2. Time Limits for Appealing a Decision. An appeal by the City Council shall be made by the time the City Council receives and files the official transmittal of the decision on an application, through minutes, action memorandum or otherwise, by the body having original jurisdiction over the matter.

3. Method of Appeal. Appeals by the City Council shall be by a majority vote of the City Council at a regular or adjourned regular City Council meeting.

C. Public Notice of the Appeal. Notice of the public hearing on the appeal shall be provided as required in Section 17.12.100, Public Hearing and Notification, of this title. As indicated in Subsection (D) of this section, Time Limit for Hearing an Appeal, stamped envelopes for mailing the public hearing notices shall be provided by the appellant.

D. Time Limit for Hearing an Appeal. Public hearings on appeals shall be held within 60 days of the City Clerk or Planning Division's receipt of a completed appeal application. The City Clerk shall notify the applicant, in writing, of the date established for the public hearing within 10 days of receipt of a completed appeal application. The appellant, or applicant if the City Council is the appellant, must provide the City with stamped envelopes for public notification, by 20 days prior to the scheduled hearing on the appeal, or the appeal shall be taken off the City Council's calendar and the appellant shall have waived any and all rights to such appeal.

E. Scope of Review. The body hearing the appeal shall not be limited to the issues raised on the appeal, but rather shall be entitled to review new evidence and to consider all elements of the appealed action. At the close of the public hearing on the appeal, the appellate body may reverse, affirm, revise or modify original action on the application being appealed.

F. Effective Date of Appealed Actions. Please refer to Section 17.12.130, Effective Date of Decision on an Action, of this chapter, Effective Date of Decision. 46 Redline Zoning Amendments Page 19
SECTION 10. Section 17.16.050 of the San Clemente Municipal Code is hereby deleted in its entirety.

17.16.050 – Site Plan Permit and Minor Site Plan Permits.

A. Purpose and Intent.

1. Site Plan Permits. It is the purpose and intent of the Site Plan Permit process to provide for the review of physical improvements to a site which due to their scale, proximity to environmentally sensitive resource areas, or unique design features, require special discretionary consideration. The Site Plan Permit process is intended to encourage site and structural development which 1) respect the physical and environmental characteristics of the site, 2) ensures safe and convenient access and circulation for pedestrians and vehicles, 3) exemplifies the best professional design practices, 4) encourages individual identity for specific uses and structures, 5) encourages a distinct community or neighborhood identity, and 6) minimizes visual impacts.

1. 2. Minor Site Plan Permits. It is the purpose of the Minor Site Plan Permit process to provide for the streamlined review of certain minor classes of development projects which are large enough to require discretionary consideration, but due to their scale, nature or location do not require discretionary consideration by the Planning Commission. The Minor Site Plan Permit process for major development has as its purpose the same goals for development described for the Site Plan Permit process for major development included above.

B. Review Authority.

1. Site Plan Permits. The Planning Commission is the final authority on Site Plan Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action.

2. Minor Site Plan Permits. The Zoning Administrator is the final authority on Minor Site Plan Permits, subject to the concurrent review and appeal provisions listed above. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C. Applicability.

1.   Site Plan Permits. A Site Plan Permit is required for:
a.   Adoption of a ‐PRD overlay, as provided for in Section 17.56.040(C)(2), Planned Residential District (‐PRD Overlay), Adoption and Amendment of the Planned Residential Overlay District; b.   All tentative maps for sites on which development is existing or currently proposed, except condominium projects;
c.   New golf courses in the OSC zone, as provided for in Table 17.44.020, Open‐Space Zone Uses; 47 Redline Zoning Amendments   Page 20
d.   Increases in the allowed floor area ratio based on public benefit, as provided for in Section

17.24.100, Increase in Floor Area Ratios;
e. All new nonresidential and mixed‐use buildings;
f. Additions or alterations to nonresidential and mixed‐use buildings, as indicated in Table 17.16.050, Additions or Alterations Requiring Site Plan Permits or Minor Site Plan Permits.

2. Minor Site Plan Permits. A Minor Site Plan Permit is required for:
a. Development adjacent to residentially zoned property, per Section 17.24.170(B). b. Additions or alterations to nonresidential and mixed‐use buildings, per Table 17.16.050.

Table 17.16.050 Additions or Alterations Requiring Site Plan Permits or Minor Site Plan Permits Project Type (FAR
Compliance)
Site Plan Permit
Required
Minor Site Plan
Permit
Required
Exempt From Site Plan
Permit
Project/Site
Complies
with
FAR
Standards
for
Zone
Additions of
greater
than
2,000 sq.
ft.

Additions
between
750 and
2,000 sq.
ft.

1. Additions of less than 750 sq.
ft.

2. Internal remodels, tenant
improvements,
general maintenance,
and repair.

3. External remodels, facade
treatment, minor
external alterations.

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project. 48 Redline Zoning Amendments Page 21
a.

1. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may involve the selection of a consultant. Design Review Subcommittee Review. The Design Review Subcommittee shall review Site Plan Permit applications. For Minor Site Plan Permits, the Design Review Subcommittee shall review applications if the City Planner determines a proposal does not meet required findings. If the City Planner determines Design Review Subcommittee review is unnecessary, the determination should be noted in the staff report to the review authority. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025. c. . 3. Public Hearing and Appeal Provisions.
a. Public Hearing is Required. A public hearing and notification shall be conducted in compliance with Section 17.12.100. b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1.   General Findings. Prior to the approval of an application for a Site Plan Permit or Minor Site Plan Permit, the following findings shall be made:
a.   The proposed development is permitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all the applicable provisions of this title (or the specific plan as appropriate), the goals, and objectives of the San Clemente General Plan, and the purpose and intent of the zone in which the development is being proposed. b.   The site is suitable for the type and intensity of development that is proposed. 49 Redline Zoning Amendments   Page 22
c.   The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. d.   The proposed development will not be unsightly or create disharmony with its locale and surroundings.
e.   The proposed development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location.

2. Specific Findings. In addition to the general findings required in Subdivision 1 of this subsection, General Findings, specific findings shall be made prior to the approval of an application for a Site Plan Permit for the following requests, as follows:
a. New construction and additions on sites which increase the FAR based on public benefit, as provided for in Section 17.24.100, Increase in Floor Area Ratios, of this title, specific findings in accordance with Section 17.24.120(B), Required Findings, shall be made.

G. Appeals. An appeal of the decision on a Site Plan Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Site Plan Permits or Minor Site Plan Permits shall be reviewed in accordance with Section 17.12.180, Modifications of Approved Application.

I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Approval Runs with the Land. The approval of a Site Plan Permit or Minor Site Plan Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 11. Section 17.16.060 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.060 Conditional Use Permits.

A. Purpose and Intent. It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and 50 Redline Zoning Amendments Page 23
neighborhood identity; and 3) minimizes impacts to adjacent uses. Review of a use may require the consideration of site plan issues related to the use, as well. For a discussion of the purpose of site plan review, please refer to Section 17.16.050(A), Purpose and Intent, in this chapter.

B. Review Authority. The review authority for Conditional Use Permits is as follows:

1. Planning Commission. The Planning Commission is the review authority for Conditional Use Permits, except for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46). For these requests, the Planning Commission is an advisory body that reviews applications and forwards a recommendation to the City Council.

2. City Council. The City Council is the review authority for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46).

3. Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

4. Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

C. Applicability. Conditional Use Permits are required as indicated by the use tables in Chapters

17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, in this Title.

Conditional Use Permits are also required for the following requests:

Use/Modifications As Provided for in:

Antennas, new, on City property Section 17.28.070(C), Review Requirements
Chimneys which exceed the height limit of the zone in which they are located by more than two feet
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Density bonus requests Section 17.24.070(E),
Review Procedures
Development standards, determination of, for development in the following zones: RVL Zone, Open Space Zones, Public Zone Table 17.32.040,
Residential Zone
Development Standards;
Table 17.44.030, Open‐
Space Zone Development
Standards; Table

17.48.030, Public Zone
Development Standards
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
51 Redline Zoning Amendments Page 24
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section

17.24.090((C)(2)(b),
Review Procedures
Flag poles and church steeples in residential zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Flag poles, antennas (other than satellite antennas or antennas on City property), church steeples, cupolas, and monuments, and similar structures in nonresidential and mixed‐use zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Storage tanks and similar structures in nonresidential zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Grading requests not accompanying development requests   Section 17.28.130(B), Review Requirements
Historic Structures, exceptions to the minimum commercial floor area for mixed‐use projects in Mixed Use zones
Section 17.40.050(D),
Exceptions to the
Minimum Floor Area
Requirements for the
Commercial Portion of
Mixed‐use Projects for
Buildings on the City's
Designated Historic
Structure List
Home occupations conducted outside enclosed structures   Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase   Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase   Table 17.36.030F, Row "Height Limitations",
Subsection 2
Height limitation exception for sloping topography in Mixed Use 3.0 (MU

3.0) Zone
Table 17.40.040D, Row
"Height Limitations"
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase Table 17.40.040F, Row "Height Limitations",
Subsection 1
Height limitation exception for sloping topography in Mixed Use 3.3 (MU

3.3) Zone
Table 17.40.040G, Row
"Height Limitations"
Nonconforming uses: change from prohibited use to a different prohibited use
Section 17.72.060(C)(3),
Changes of Use.

Nonresidential uses allowed in the zone located on the same level floor as residential uses of a vertically mixed‐ use building in the MU 1, MU 2, MU 3.0, and MU 3.2 zones Mixed Use zones
Section

17.40.030(A)(2)(a),
Special Use Regulations
52 Redline Zoning Amendments Page 25
for the MU 1, MU 2, MU

3.0, and MU 3.2 zones
Outdoor dining areas Section 17.28.205(C),
Review Requirements
Parking modifications for: Bed and Breakfast Inns; Uses in and out of the Downtown Parking Study Area; Historic nonresidential and mixed‐use structures; Historic structures in the RM and RH Zones; Relocation of historic structures; Hotels; Off‐site parking for nonresidential uses; Public utilities, Shared parking
Section 17.28.090(D),
Minimum Standards for
Bed and Breakfast Inns in
All Zones; Section

17.64.125, Waivers of
parking requirements;
Section 17.64.110, Off‐
Site Parking; Section

17.28.240(C)(2)(d), Minor
Utilities; Section

17.64.120, Shared Parking
Patio covers, detached, exceeding 15 feet in height and located within certain setback areas
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Public utilities, major, initiated by outside agencies Section

17.28.240(B)(2)(a),
Projects Initiated by
Outside
Agencies/Applicants
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

17.40.030(A)(2)(a),
Location of Residential
Uses
Urban Private Storage in Mixed‐Use Zones Section 17.28.305, Urban Private Storage
Height exceptions for residential development on Lots 46 through 64 of Tract 4938 in the RL‐11 special residential overlay zone Appendix A, Subsection
(K.4.B) in this Title
D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
53 Redline Zoning Amendments Page 26
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required then they shall be completed at the applicant's expense, which may involve the selection of a consultant. c. Design Review Subcommittee. The Design Review Subcommittee shall review proposals for new wireless antenna projects and development standard exceptions. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.
c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Conditional Use Permit (other than for a multifamily dwelling with five or more units, which is addressed in subsection F.2 below), all of the following findings shall be made:
a. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.
b. The site is suitable for the type and intensity of use that is proposed. c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. d. The proposed use will not negatively impact surrounding land uses.

2. Prior to approval of a Conditional Use Permit, a multifamily dwelling with five or more units, only the following findings must be made: those in subsection F.1.a and b. and a finding that the 54 Redline Zoning Amendments Page 27
proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity.

3. Specific Findings. In addition to the general findings required in subsection F.1, above specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests, as follows:

Use/Modifications As Provided for in:

New antennas on City property   Section 17.28.070(F),
Required Findings for
Conditional Use Permits
Density bonus requests   Section 17.24.070(F),
Required Findings
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section 17.24.090(D)(2),
Required Findings
Grading requests not accompanying development requests   Section 17.28.130(C), Required Findings
Height limitation exception for sloping topography in Mixed Use (MU)

3.0 and 3.3 Zones
Section 17.40.050(F),
Building Height and
Stories in the Downtown
Core
Historic Structures, exceptions to the minimum commercial floor area for mixed‐use projects in Mixed Use Zones
Section 17.40.050(D)(2),
Required Findings
Home occupations conducted outside enclosed structures   Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase   Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase   Table 17.36.03F, Row "Height Limitations",
Subsection 2
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase   Table 17.40.040F, Row "Height Limitations",
Subsection 1
Nonconforming structures: replace structures in non‐residential zones that are damaged by an accident with repair costs that are 50 percent or greater than a structure's replacement cost
Section

17.72.070(B)(3)(b),
Structures damaged by 50
percent or greater of
replacement cost
Nonconforming uses: change from prohibited use to a different prohibited use
Section 17.72.060(C)(3),
Changes of Use.
55 Redline Zoning Amendments Page 28
Outdoor dining areas Section 17.28.205(E),
Required Findings
Parking waivers for the Downtown Parking Study Area, and certain projects and land uses outside the Downtown Parking Study Area, such as: historic nonresidential and mixed‐use structures; historic structures in the RM and RH Zone; and hotel uses. Parking modifications for off‐site parking for nonresidential uses, and shared parking
Section 17.64.125(A),
Waivers of Parking
Requirements in the
Downtown Parking Study
Area; Section

17.64.125(B),Waivers of
Parking Requirements
Outside the Downtown
Parking Study Area;
Section 17.64.110, Off‐
Site Parking; Section

17.64.120(C), Shared
Parking
Public utilities Section

17.28.240(C)(2)(d), Minor
Utilities
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

17.40.030(A)(2)(a),
Location of Residential
Uses
Height exceptions for residential development on Lots 46 through 64 of Tract 4938
Appendix A, Subsection
(K.4.B.2) of this Title
G. Appeals. An appeal of the action on a Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general review process requirements and procedures, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Conditional Use Permits which are approved for sale of alcohol for on‐ or off‐site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Planning Commission shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training 56 Redline Zoning Amendments Page 29
records of all employees shall be maintained on‐site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Planning Commission to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the Land. The approval of a Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 12. Section 17.16.070 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.070 Minor Conditional Use Permits.

A. Purpose and Intent. It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the Planning Commission. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process included in Section 17.16.060(A), Conditional Use Permits, Purpose and Intent, of this chapter.

B. Authority. The Zoning Administrator is the final authority on Minor Conditional Use Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C. Applicability. Minor Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. Minor Conditional Use Permits are also required for the following requests:

1. Outdoor dining areas per Section 17.16.205(C), Review Requirements;

2. Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;

3. Waivers of fees/development standards for Historic Resources and Landmarks per Section

17.16.180;

4. Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

5. Parking modifications for the Downtown Parking Study Area, as provided for in Section

17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

6. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

7. Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

8. Off‐site parking according to Section 17.64.110.

9. Shared parking according to Section 17.64.120.

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.
57 Redline Zoning Amendments Page 30

1. Application Filing. The review process is initiated when the Planning Division receives an application package, The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

2. Specific Findings. In addition to the general findings required in Subsection (F)1., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:
a. Outdoor dining areas per Section 17.28.205(E), Required Findings; b. Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements), The Downtown Parking Study Area, of this title;
58 Redline Zoning Amendments Page 31
c. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area. d. Shared Parking findings according to Section 17.64.120.

G. Appeals. An appeal of the action on a Minor Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Minor Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Minor Conditional Use Permits which are approved for sale of alcohol for on‐ or off‐site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Zoning Administrator shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on‐site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the Land. The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 13. Subsection (C) of Section 17.16.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

C. Applicability. Minor Exception Permits are required for deviations in the following standards:

1. Arbors, as provided for in Section 17.32.050(A), Arbors;

2. Encroachment from the median front yard setback, as provided for in Table 17.24.080BSection

17.24.080, Maximum Encroachments into Setbacks and Height Limits;

3. Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;

4. Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;
59 Redline Zoning Amendments Page 32

5. Encroachments of bay windows into any required front yard setback areas, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;

6. Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

7. Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

8. Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(1)(a), Landscaping Requirements for Specific Zones, Residential Zones;

9. Parking modifications for historic structures in RM and RH Zones, as provided for in Section

17.64.125(B), Historic Structures in RM and RH Zones;

10. Nonconforming structure requirements, exception for single‐family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section

17.72.050(1)(3)(b)(i)];

11. Parking modifications for nonresidential and mixed‐use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed‐Use Structures;

12. Parking modifications for minor additions to nonresidential and the commercial portion of mixed‐use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed‐Use Structures;

13. Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;

14. Parking modifications for restaurants, due to joint use of parking and off‐peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15. Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Table 17.24(B), Maximum Encroachments into Setbacks and Height Limits;

16. Retaining walls, as provided for in Section 17.24.180(D)2(b) and 17.24.180(D)(4), Exceptions;

17. Satellite antennas, as provided for in Section 17.28.080(B)(2), Minor Exception Permits;

18. Setbacks for primary and accessory structures, as well as the setback line from which encroachments into a setback are measured, in accordance with Table 17.24(B), Maximum Encroachments into Setbacks and Height Limitsbuildings provided encroachments comply with length limitations in Section 17.24.080(B), as follows:
a. A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,
b. Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,
c. A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,
d. For lots subject to a 16‐foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

19. Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break. 60 Redline Zoning Amendments Page 33
SECTION 14. A new Section 17.16.095 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:

17.16.095 – Administrative Development Permit
A. Purpose.

This section provides administrative approval of minor projects without significant impacts.

Administrative Development Permits are intended to ensure that these minor projects comply with City standards and guidelines, yet provide a streamlined review procedure to facilitate and incentivize minor projects encouraged by City goals and policies.

B. Applicability. Administrative Development Permits are required to allow eligible projects on the following properties:

1. Nonresidential sites (within nonresidential zones or by legally‐established use of property);

2. Properties within the Architectural Overlay district;

3. Properties abutting the City’s historic resources and landmarks list (“historic structures list”);

4. Properties on the City’s historic resources and landmarks list; and

5. Properties with three or more dwelling units located within 300 feet of residentially zoned buildings on the City’s historic resources and landmarks list, if projects are visible from public right‐of‐way adjoining historic structures and landmarks or are visible from public view corridors designated in the General Plan.

C. Exemptions. The following activities are exempt from an Administrative Development Permit:

1. Improvements necessary to comply with State or Federal law (e.g. new or modified ramp to meet Americans with Disabilities Act [ADA] Requirements), in which feasible landscaping and architectural changes shall be made proportional to the scope of the proposed project, at the discretion of the City Planner, to maintain compliance with zoning standards and City Design Guidelines.

2. Interior projects not visible on the exterior of structures and from adjoining public right‐of‐ way.

3. Landscaping of area under 500 square feet according to standards in Subsection F.11.

4. Removal and replacement of trees according to standards in Subsection F.11 and at the discretion of the City Planner, provided that a landscape professional demonstrates to the City Planner that the tree(s) meet at least one of the following criteria:

I. Dead/dying;
II. Diseased and unlikely to be rehabilitated;
III. Dangerous; or
IV. Destructive.

D. Projects Eligible for Administrative Approval.

The following types of projects are eligible for ministerial approval of an Administrative Development Permit, if proposed projects comply with this tTitle, and both the general standards and project specific standards in this Section. If standards are unmet, projects shall require a Site Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110). 61 Redline Zoning Amendments Page 34

1. Additions to Private Recreational Facilities

2. Accessory Structures: Other Minor

3. Awnings

4. Chimneys and Metal Flues

5. Color and Finishes: Exterior

6. Decks or Patios

7. Doors

8. Driveways/Paving/Minor Site Work

9. Fences

10. Historic Resources, Minor

11. Landscape Alterations

12. Lighting: Exterior

13. Mechanical Equipment: General

14. Mechanical Equipment: Rooftop

15. Porches

16. Roofs (and “Reroofs”)

17. Sheds or Spas

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas

19. Skylights

20. Trellises, Pergolas, or Arbors

21. Walls

22. Windows
E. General Review Standards.

For approval of a permit, eligible projects must comply with the following general standards and applicable project specific standards in Subsection F.

1. Design. The architectural design of the addition, alteration, or site change is compatible with the style of buildings that will remain on site. One overall architectural style is required.

2. Materials. The exterior finish materials of the proposed project match the existing exterior finishes of the structures on the lot, or may be altered if compatible with the architectural style of structures.

3. Style. Style is expressed through architectural elements such as windows, doors, lighting, railings, trim, eaves, roof pitch, element proportions and materials. The style of the proposed work should be stated on the project plans and matches the existing style or style required for a design district if applicable, such as the Architectural Overlay. Wherever this document references a requirement for style compatibility, the following method is used to determine style compatibility. Staff may reference style books to confirm the proposed style classification. Staff will check for consistency ofstyle of a structure’s proposed elements with theelementsforthe chosen style as described in reference materials. Staff will also check that any patterns or materials created by the existing elements are repeated in the proposed work.

4. Additions. Additions shall match the architectural style of the building with similar materials, details and colors.

5. Alterations. Alterations shall match the architectural style of the building or result in one 62 Redline Zoning Amendments Page 35
architectural style consistent with Subsection E.3. Alterations are welcome that modify the structure’s appearance to be a more traditional form of the style on the site or the style required. Alterations to implement an architectural style that is not typical for the neighborhood or required by this Title are in eligible for an Administrative Development Permit.

6. Colors. Additions must match the existing colors of the building, siding or trim; or may be altered if compatible with the architectural style that meets guidelines in Subsection E.3. For Spanish architecture, existing colors may be substituted with colors selected from the City Planner‐approved color palette.

7. Scale. The scale of all additions is compatible with the scale of the existing structure, style of the building, and surrounding area. The scale of a project is consistent with the prevailing development patterns of additions in the area. The review criteria utilized to determine correct scale shall be the degree of project visibility, plate heights, roof pitch and maximum building heights. Additions or alterations out of character with the surrounding area or inappropriately sited on the lot, as determined by the City Planner, are not eligible for an Administrative Development Permit.

8. Historic Considerations. Minor alterations to City‐, State‐, or Federally‐designated historic resources, or other potentially significant structures, shall maintain character‐defining features or avoid any adverse change to the significance to a historic resource in order to be eligible for administrative approval. The City Planner has the discretion to consult with a licensed professional at the applicants cost to make a determination on the significance of structures and impacts of projects. If this guideline is not met, then the project shall be referred to the Zoning Administrator with required consultation of the Cultural Heritage Subcommittee.

9. Objective Design Standards. Projects shall comply with any objective design standards adopted by the City Council.

10. Not subject to CEQA. Projects are eligible only if they are categorically or statutorily exempt or otherwise not subject to the California Environmental Quality Act (CEQA).

F. Project Specific Standards.

In addition to complying with the general requirements specified in Subsection E above, projects seeking administrative approval must also comply with any applicable project specific requirements in this Subsection. The projectspecific standardsidentify which projects are eligible for administrative review, not limit projects permissible in this Zoning Code (Title 17).

1. Additions to Private Recreational Facilities. Additions to buildings are eligible for administrative approval that are up to 500 square feet, less than 50 percent of the existing building’s floor area, and meet the following criteria:
a. The project is not located in the Architectural Overlay; b. The site is not on the City’s designated historic resources and landmarks list; c. The addition isto a private recreational facility building; d. The project is not visible from a scenic corridor designated in the General Plan. 63 Redline Zoning Amendments Page 36

2. Accessory Structures: Other Minor. Minor accessory structures,such as barbeques, fire pits, and low counter tops, not addressed otherwise in the project‐specific standards (this Subsection) are eligible for administrative approval if the following apply:
a. For the City’s designated historic resources and landmarks list, accessory structures are limited to those that are a maximum height of six feet and are detached from buildings; and
b. Structures are screened from adjoining public right‐of‐way and have materials that meet general standards in Subsection E.

3. Awnings. Awnings over window or door openings that are compatible with the style and colors of the structure are eligible. Awnings shall be canvas with wrought‐iron supports on new buildings and major remodels in the Architectural Overlay and on historic structures with Spanish architecture.

4. Chimneys and Metal Flues. All of the following standards must be met:
a. For the City’s designated historic resources and landmarks list, the project is limited to repairing or altering the chimney and flue to improve the resource’s historical integrity with a design, style, and materials to restore the original condition or be architecturally compatible.
b. Chimneys are consistent with the style of the existing structure and use masonry, stone, stucco, or metal pipe.
c. Wood material is not used on chimneys.
d. Metal flues are of traditional design and are painted to match the roof color. e. The shape of the chimney is fairly uniform, i.e. there is no awkward extensive projection of exposed pipe beyond the top of the chimney in response to Building and Safety requirements.

5. Color and Finishes: Exterior. The project is consistent with Subsection E, General Standards, Colors and Materials. For the Architectural Overlay and historic structures with Spanish architecture, stucco shall be ‘steel, hand trowel’ applied with a smooth Mission finish, slight undulations, bull‐nosed corners and edges, including archways; and no control/expansion joints.

6. Decks or patios. New or altered decks or patios less than 200 square feet at the first floor level are eligible for administrative approval if the following standards are met:
a. For the City’s designated historic resources and landmarks list, the decks or patios must be screened from public right‐of‐way and detached to be eligible. b. New decks or patios are of a scale and style which is compatible with the structure to which the deck is attached.
c. When viewed from a public viewing location, the proposed deck or patio is not likely to be more noticeable than the structure it is attached to.
d. New decks or patios are not located to cause potential privacy or noise impacts to 64 Redline Zoning Amendments Page 37
adjacent properties.
e. Deck or patio materials are finished to be compatible with the color scheme of the primary structure.

7. Doors. Minor door alterations — for example, to enhance access by the physically challenged and for compliance with the Americans with Disabilities Act (ADA) — are covered by this provision. Installation of guard/hand rails shall be referred to the consent calendar. The modification of doors and sidelights within existing rough openings should be designed to comply with the following requirements for Administrative approvals:
a. For the City’s designated historic resources and landmarkslist, every effortshall be made to avoid alterations first with repairs and maintaining the original doors. If this cannot be done, projects shall replace doors to match the originals to the best extent possible based on historical photos or the existing condition.
b. The type of proposed doors and color of frames are compatible with the architectural style ofthe building and appear compatible with existing doors. c. If the doors of an addition are the same size and material as existing nearby doors, the proposed doors match the existing nearby doors in appearance. d. Door and sidelightsash material matchesthe window material. e. Where adjacent windows are "divided light" type, the new doors and sidelights shall also mimic the appearance of divided lite windows. Where dual glaze glass is used, the mullions should break the exterior pane.
f. In door pairs, both doors should have the same width. g. In doors with sidelights, sidelights should have the same width if feasible. h. Doors and sidelights should be placed symmetrically within architectural elements. i. Any changes in paving material associated with the door alteration match the existing material.

8. Driveways/Paving/Minor Site work. Extensions, modifications, and additions to driveways are eligible for administrative approval if all ofthe following requirements are met:
a. For the City’s designated historic resources and landmarkslist, changes to site work shall be limited to providing access to entrances and exits, patios, courtyards, and utility pathways; so landscape area is preserved. The exceptions are changes to provide safe access to required parking and pedestrian sidewalks that meet City standards; b. There is no drainage impact on adjoining lots;
c. Any paving or driveway additions or modifications are of the same materials as the existing paving or driveway materials;
d. For residential development, the driveway width complies with Engineering technical standards;
e. Any new driveway paving materials are compatible with the existing structure and surrounding area; and
65 Redline Zoning Amendments Page 38
f. New paved parking areas, such as expansions to commercial parking lots, are screened from adjoining public property through fencing, landscaping or other structures.

9. Fences. Chain link, chicken wire, metal, plastic, vinyl, wire‐mesh and unfaced cement block fence materials are not eligible for administrative approval. Fences not specifically excluded in the preceding sentence may be reviewed and approved administratively if:
a. The fences meet zoning requirements;
b. For the City’s designated historic resources and landmarks list, eligible fences are not in yards adjacent to street frontages;
c. The fence height shall preserve views of traffic to‐and‐from driveways and the public right‐of‐way; and
d. The fence design and materials shall be compatible with the street scene and the materials and finishes of the primary structure.

10. Historic Resources, Minor. In addition to the general standards above (Subsection E) and other project‐specific standards in this Subsection, the following applies to repairs and upgrades to historic resources and landmarks on the City’s designated historic resources and landmarks list; Repairs and refinishing of existing materials are eligible; such as stucco, roof tiles, pavers, wood trim, and stone, if the following apply:
a. Repairs and refinishing of existing materials shall be completed according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties; such as repairs to stucco, roof tiles, pavers, wood trim, and stone; b. Original materials are to be repaired and refinished to every extent possible versus replacement. Photographs of the existing material conditions and of the work completed shall be provided for the property file;
c. Minor alterations are eligible that improve the historical integrity of historic resources and landmarks on the City’s designated historic resources and landmarks list; such as installation of painted decorative tiles on stair risers or replacing non‐original features with documented traditional period appropriate materials, such as replacing vinyl windows with wood windows that meet window standards in this Subsection; d. For historic structures with Spanish architecture, work shall be completed according to the City’s Henry Lenny Design Guidelines; and
e. If material replacement is demonstrated to be necessary, the materials shall be selected to mimic the original conditions unless alterations will improve the significance such as replacing vinyl with wood windows (see window guidelines for more on that work).

Photographs of the existing material conditions and of the work completed shall be provided for the property file.

11. Landscape Alterations. Excluding exempt landscaping changes in Subsection C, the following standards apply to landscape alterations eligible for administrative approval:
a. For the City’s designated historic resources and landmarks list, changes shall exclude landscaping noted on a historic survey form identified as a contributor to the significance of a historic resource;
66 Redline Zoning Amendments Page 39
b. The project adds or alters 500 square feet or more of landscaping; c. The alteration complies with zoning requirements;
d. The alteration is consistent with City Design Guidelines, including the recommended plant list;
e. Tree Removal. The removal or replacement of treess shall meet the following criteria:
i. Replacement trees shall be a minimum of a 24‐inch box size; ii. Trees are ineligible if taller than 25 feet high and replaced within yard area between a building and public right‐of‐way; and
iii. Trees are ineligible if located within a public view corridor designated in the General Plan, or if required to screen hillside ridgelines according to the Hillside Development Ordinance in Chapter 15.40 of this Municipal Code.

12. Lighting: Exterior. The following standardsmust be metfor administrative approval:
a. Replacement or installation of additional fixtures is compatible in style, color and scale with the existing structure or building to which lighting is attached; b. Lighting fixtures and placement meet the lighting requirements and Design Guidelines; and
c. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards.

13. Mechanical Equipment: General. Equipment such as water heaters, water heater enclosures, electrical or gas metering equipment and pool and spa equipment must be located and screened as follows in order to be eligible for administrative approval:
a. If the new mechanical equipment is installed at ground level, it is placed as close to the building as practicable and screened from view through fencing, landscaping or other structures. Landscape screening, the preferred method of screening, is indicated on project plans to be maintained;
b. All cables connecting outdoor equipment are properly secured and/or buried in the ground;
c. Equipment shall be installed over existing hardscape surfaces first if possible; and d. All pool and spa equipmentislocated asfar away from adjoining properties asreasonably practicable in consideration of neighbors, and the equipment’s property line decibel level is consistent with the Noise Ordinance.

14. Mechanical Equipment: Rooftop. Transmitting antennas, including wireless facilities, are not eligible for administrative approvals. Satellite antennas and other rooftop equipment reviewed by Staff must comply with the following standards:
a. Equipment shall be screened from on‐site parking areas, adjacent public streets and adjacent residentially zoned property. The height of equipmentscreensshall be lessthan 10 feet tall and under the height limit of the zone;
b. If equipment must be visible from off‐site locations, despite screening or in cases where 67 Redline Zoning Amendments Page 40
only vegetative screening is used, the equipment is painted the same color as the roof or adjacent background, as specified by the City Planner. However, for the City’s designated historic resources and landmarkslist, visible equipment on historic resources and landmarks is ineligible for administrative approval; and c. Screening shall be integrated into the appearance of the overall building; and

15. Porches. Porches are covered outdoor spaces attached to the primary structure eligible for administrative approval that meet the standards below, excluding the City’s designated historic resources and landmarks list.
a. Porches may be a maximum of 200 square feet;
b. Porches unscreened from the public right‐of‐way shall be on less than 50 percent of a building elevation’s length;
c. The porch shall be integrated into the primary structure with a compatible design and materials; and
d. Porch railings have open pickets, glass, or other design and material with spacing to maintain visibility of the primary structure from the public right‐of‐way, unlike than a solid guardrail.

16. Roofs (and “Reroofs”). Roofs (including new roof material and “reroofs") must comply with the following standards:
a. The type and color of roofing material is compatible with the architectural style of the structure;
b. Roofs of additions or accessory buildings match the existing roof pitch of the structure; c. For the Architectural Overlay and historic structures with Spanish architecture, roof tiles shall have materials and be installed according to the Henry Lenny Design Guidelines.

17. Sheds or Spas. The following standards must be met:
a. The shed or spa is entirely screened from public right‐of‐way and separated from buildings according to the Building Code;
b. The shed or spa area is 120 square feet or smaller;
c. Materials match site fencing or the main structure’s materials and colors; and d. Any mechanical equipment meets criteria Subsection F.13 and F.14 above.

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas.

The placement, style, color and types of outdoor dining furniture and barriersshall be consistent with and complement the design and appearance of the building and site, consistent with General Standards in Subsection E. The outdoor dining furniture and barriers shall also be in conformity with Public Worksstandards.

19. Skylights. Skylights must meet the following standards for eligibility:
68 Redline Zoning Amendments Page 41
a. For the City’s designated historic resources and landmarks list, skylights shall not be installed over original building areas;
b. Skylights are compatible with the architectural style of the building and with the character of the surrounding area;
c. Skylights are screened from adjoining properties; and d. Skylights shall have an orientation and design to avoid light trespass and glare on other properties in evenings, such as glazing, shades, or tint.

20. Trellises, Pergolas, and Arbors. Trellises, pergolas, and arbors are architectural elements with posts or columns on the sides and connected by beams and topped with open rafters. They can also include trellis overhead between the rafters. Trellises, pergolas, and arbors are eligible for administrative approval if:
a. For the City’s designated historic resources and landmarks list, the trellis, pergola, or arbor isscreened from public right‐of‐way and separated from neighboring buildings and property lines according to the Building Code;
b. The structure covers less than 250 square feet of lot area and is less than 12 feet tall; and
c. The structure’s height, size and materials are compatible with the surrounding area.

21. Walls. Accessory structure walls shall meet the following criteria:
a. For historic resources and landmarks, eligible walls are not in yards adjacent to street frontages;
b. The wall meets zoning standards in Sections 17.24.090, 17.24.180, and 17.24.190; and c. The wall materials shall match the color and finish of the primary structure.

22. Windows. Windows may be replaced or added if the following standards are met:
a. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards;
b. Windows of additions match the predominant windows of the existing structure; c. The window types are of appropriate size and scale for the proposed location(s); and
d. For the Architectural Overlay and historic structures with Spanish architecture:

I. Window design shall mimic the appearance of true divided lite windows.

II. The window surround or flange isto be constructed as part of the frame, not a plant on detail.

III. Factory color finishes are acceptable.

IV. Windows materialsshall be consistent with allowed typesshown in Table 17.16.095 below.
69 Redline Zoning Amendments Page 42
Material
Type
Non‐
residential
Residential
with
Architectural
Overlay
Residential
without
Architectural
Overlay
Historic
Structure
(original)
Historic
Structure
(addition)
Wood Yes Yes Yes Yes Yes
Metal ‐ Steel
or aluminum
Yes Yes Yes No Yes
Fiberglass Yes Yes Yes No Yes
Vinyl
Ground floor No No Yes (non‐
visible)
No No
Upper levels
non‐visible
No Yes Yes No No
G. Application Process.

1. Application Submittal. Administrative Development Permit review is initiated upon submittal of an application in compliance with Section 17.12.040, Filing an application.

2. Application Review.

Projects are reviewed upon submittal of an application in compliance with Section 17.12.040, Filing an application. Then, a case planner is assigned to coordinate the review of the application upon receipt of an application, provided information and materials are reviewed to determine if applications meet criteria for approval of a permit.

3. Decisions. The City Planner shall approve or deny an application based on whether a project is consistent with the following:
a. General design standards in Subsection E.
b. Project‐specific standards in Subsection F.
c. The City’s objective design standards.

4. Appeals. Decisions are subject to appeal processes according to Section 17.12.140.

H. Reporting of Decisions. A summary of decisions will be provided to the Planning Commission at the next regularly scheduled meeting of those hearing bodies in the agenda packet, including permits issued up until the time of packet preparation.

I. Quality Assurance. Projects shall be completed in accordance with City approvals and code compliance procedures in this Municipal Code. City staff have authority to require an inspection of approved projects to ensure work is completed according to approved materials.

J. General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements,such as modificationsto applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Approval Runs with the Land. The approval of an Administrative Development Permitshall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.
70 Redline Zoning Amendments Page 43

SECTION 15. The existing provisions of Section 17.16.100 are hereby struck and replaced in their entirety with the following:

17.16.100 ‐ Development Permit
A. Purpose.

1. Development Permits are required to ensure development projects, not involving the City’s designated historic resources and landmarks list, will:
a. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.
b. Preserve and strengthen the City’s unique atmosphere as a Spanish village; c. Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;
d. Encourage site design and architecture sensitive to community and neighborhood character;
e. Enhance the visual environment and protects the economic value of existing structures. f. Respect the physical and environmental characteristics of the site; g. Ensure safe and convenient access and circulation for pedestrians and vehicles; h. Exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines;
i. Allow for and encourage individual identity for specific uses and structures; j. Encourage a distinct community or neighborhood identity; k. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City’s designated historic resources and landmarks list; l. Prevent inappropriate design or development of structures; and m. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B. Definitions. For purposes of this Section, the term “Sensitive areas” shall mean:
a. Properties located within the Architectural Overlay district; b. Properties with single‐family residences or duplexes abutting the City’s designated historic resources and landmarks list.
c. Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City’s designated historic resources and landmarks list.

C. Applicability.

1. When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on 71 Redline Zoning Amendments Page 44
the City’s list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

2. Exemptions. The following activities are exempt from a Development Permit. a. Activities exempted from an Administrative Development Permit specified in Section

17.16.095;
b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public right‐ of‐way;
d. Maintenance of property and structures;
e. Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City’s designated historic resources and landmarks list, if all of the following criteria apply:
i. Projects are not located in the Architectural Overlay district; ii. Projects are not visible from public right‐of‐way that adjoins properties on the City’s designated historic resources and landmarks list;
iii. Projects are not proposed on property abutting properties on the City’s designated historic resources and landmarks list; and
iv. Projects are not visible from public view corridors designated in the General Plan. f. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

D. Review Authority.

Table 17.16.100 identifies the required review authority and review process in Section 17.12.060 for each project. Development Permits are acted upon by the highest review authority designated in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100 – Review Process for Development Permit Development Activities Review
Process
(Section

17.12.060)
A. New development of nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities. Process 3

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

Process 3

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

Process 2
72 Redline Zoning Amendments Page 45
Development Activities Review
Process
(Section

17.12.060)

4. New nonresidential accessory buildings that are screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 2,000 square feet and less than 50 percent of the primary building’s floor area.

Process 2

5. New nonresidential accessory buildings that are unscreened from adjoining public right‐of‐way, or the building has floor area larger than 2,000 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

Process 2

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 3
C. New development of residential buildings.

1. Development of residential primary buildings that results in five or more dwelling units on a property.

Process 3

2. New residential primary buildings proposed in the Architectural Overlay District.

Process 3

3. New residential primary buildings on properties adjoining the City’s designated historic resources and landmarks list.

Process 3

4. Development of two‐story single‐family dwellings and duplexes across a street and abutting a property on the City’s designated historic resources and landmarks list.

Process 2

5. Development of three or more dwelling units on properties that are not abutting historic structures but located within 300 feet of residentially zoned buildings on the City’s designated resources and landmarks list, unless exempted by Subsection 17.16.100(C)(2).

Process 2

6. New residential accessory buildings in sensitive areas (defined in Subsection B) screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

7. New residential accessory buildings in sensitive areas (defined in Subsection B) that are unscreened from adjoining public right‐of‐way or the proposed building has floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

8. Accessory Dwelling Units that vary from standards as specified in Section

17.28.270 in which discretionary review is allowed by State law.

Process 3
D. Residential building additions.
73 Redline Zoning Amendments Page 46
Development Activities Review
Process
(Section

17.12.060)

1. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) screened from adjoining public right‐of‐way where the addition of floor area is less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

2. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) where the addition of floor area is unscreened from adjoining public right‐of‐way or the addition is larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

3. Residential building additions of floor area 50 percent or greater to nonconforming single‐family residences with less than 1,400 square feet of floor area as of March 21, 1996, expanded up to 2,100 square feet.

Process 2
E. New accessory structures.

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. Development on new parcels created from a subdivision of property. Process 3

2. New Planned Residential Developments (PRD). Process 3

3. New golf courses. Process 3

4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170.

Process 2

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

Process 2

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

Process 2

7. Subdivisions excluding condominiums. Process 5

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

Process 3

9. Residential detached accessory structures over 15 feet in height. Process 3 E. Application Filing, Processing, and Review.

1. Application Filing.
a. An application for a Development Permit shall be filed and processed according to Chapter

17.12. 74
Redline Zoning Amendments Page 47
b. The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

2. Application Review.

A Development Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:
i. Complete in compliance with Section 17.12.050;
ii. In compliance with the California Environmental Quality Act as specified in Section

17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant’s expense according to City policies and the City Planner’s direction; iii. Consistent with the purpose of this Chapter and required findings in Subsection F to support the requested Development Permit; and
iv. Meets applicable development standards, policies, regulations, and guidelines.

3. Design Review Subcommittee Review.

Applications require Design Review Subcommittee (DRSC) review if the application requires Planning Commission or City Council approval. Applications may also be referred to the DRSC by the City Planner or Zoning Administrator.

4. Decision and Appeal Process.

Table 17.16.100 identifies the Review Authority and Review Process described in Section

17.12.100 for each project. Refer to Section 17.12.060 for details on the review process.

Notification procedures are in Section 17.12.100.

F. Required Findings.

1.   General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:
a.   The proposed project is consistent with the General Plan; b.   The proposed project complies with zoning regulations; c.   The proposed project is consistent with the City’s Design Guidelines; d.   The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and e.   The proposed project is in character and compatible with the properties in the neighborhood.
75 Redline Zoning Amendments   Page 48

2.    Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following.
a.   For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.
b. For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:
i.   The proposed project/use preserves and strengthens the pedestrian‐orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii.   The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian‐orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.
c For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.
d. For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

H. Approval Runs with the Land. The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

17.16.100 Architectural Permits/Cultural Heritage Permits and Minor Architectural Permits/Minor Cultural Heritage Permits.

A. Purpose and Intent. As detailed in this section, Architectural Permits are required for different types of projects within the City, including projects affecting the City's cultural and historic resources. Because of these unique resources, the Architectural Permit process has been divided into two categories: Architectural Permits and Cultural Heritage Permits. In addition, minor versions of these permits have been established for less significant projects.

1. Architectural Permits and Cultural Heritage Permits. a. Architectural Permits. The purpose and intent of the Architectural Permit process is to provide for architectural review of certain classes of development projects to ensure their compliance with the General Plan Urban Design Element and the City's Design Guidelines. The Architectural Permit process is intended to preserve and strengthen San Clemente's unique atmosphere as a Spanish village and to encourage: 1) architecture which is sensitive to community and neighborhood 76 Redline Zoning Amendments Page 49
character; 2) architectural design that enhances the visual environment and protects the economic value of existing structures; and 3) site and structural development which exemplify the highest professional design standards. Architectural review shall include the consideration of a number of issues, including but not limited to, architectural style, building massing and scale, building orientation in relation to the street and parking, and building materials, textures and colors. b. Cultural Heritage Permits. The purpose and intent of the architectural review with a cultural heritage emphasis is to provide for the review of projects affecting the City's cultural and/or historical resources. Along with the general goals for architectural review provided above, the process is intended to: 1) preserve and strengthen San Clemente's historic identity as a Spanish village, 2) preserve and strengthen the pedestrian‐oriented areas designated in the General Plan as such, 3) preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest, 4) protect and enhance the City's attraction as a historic community to tourists and visitors, 5) promote the use of historic properties for the education, pleasure, and welfare of the people of the City, 6) encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian‐oriented character, and 7) ensure compliance with the purpose and intent of the City's Architectural Overlay District for those projects within the district.

2. Minor Architectural Permits and Minor Cultural Heritage Permits. a. Minor Architectural Permits. The purpose of the minor architectural permit process is to provide for streamlined architectural review of certain minor classes of development projects. These projects require discretionary review to ensure their compliance with the General Plan Urban Design Element and the City's Design Guidelines. Because of their scale, however, these minor projects do not require discretionary consideration by the Planning Commission. The Minor Architectural Permit process is intended to achieve the same goals as the Architectural Permit process described in above.
b. Minor Cultural Heritage Permits. The purpose of the Minor Architectural/Cultural Heritage Permit process is to provide for streamlined review of minor development projects that may affect the City's cultural and/or historical resources and neighborhoods. Because of their limited scale, however, these projects do not require discretionary consideration by the Planning Commission. The Minor Architectural/Cultural Heritage Permit process has as its purpose the same goals for 77 Redline Zoning Amendments Page 50
development described in the Architectural/Cultural Heritage Permit process described above.

A process for waiving architectural review of projects which are extremely minor or have no potential to impact historic structures has been established. Please refer to Section 17.16.110, Staff Waivers of Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits and Section

17.16.120, Planning Commission/Zoning Administrator Waivers of Cultural Heritage/Minor Cultural Heritage Permits, of this chapter.

B. Authority.

1. Architectural Permits and Cultural Heritage Permits. The Planning Commission is the final authority on architectural/cultural heritage permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications and Section 17.12.140, Appeals of an Action.

2. Minor Architectural Permits and Minor Cultural Heritage Permits. The Zoning Administrator is the final authority on minor architectural/cultural heritage permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action.

The Zoning Administrator has the discretion to refer application to the Planning Commission for review and final action.

C. Applicability.

1. Architectural Permits. Architectural Permits are required for the following:
a. Major public park facilities per Section 17.28.230(B)(1), Major Park Structures; b. Development outside the Architectural Overlay District per Table 17.16.100(A), Architectural and Minor Architectural Permits Required.

2. Minor Architectural Permits. Minor Architectural Permits are required for the following:
a. Minor public park facilities per Section 17.28.230(B)(2), Minor Park Structures; b. Relocations of structures per Section 17.24.160, Relocation of Structures; c. Development outside Architectural Overlay Districts per Table 17.16.100(A), Architectural and Minor Architectural Permits Required, below.

3. Cultural Heritage Permits and Minor Cultural Heritage Permits. Cultural Heritage Permits and Minor Cultural Heritage Permits are required for development within the Architectural Overlay District and/or historic sites and adjacencies, as indicated in Table

17.16.100(B), Cultural Heritage and Minor Cultural Heritage Permits Required.

4. Staff Waivers. Some projects may be eligible for a staff waiver of a Minor Architectural Permit or Minor Cultural Heritage Permit. Refer to Section 17.16.110. 78 Redline Zoning Amendments Page 51

5. Exemptions. The following exemptions shall apply:
a. Per State law, solar installations are exempt from this section unless the Building Official finds a solar energy system project will have a specific, adverse impact upon the public health or safety.
b. Projects are exempt from Architectural Permits that involve the construction of four or fewer residential units.
c. Projects on sites with three or more residential units are exempt from Cultural Heritage Permits and Minor Cultural Heritage Permits, provided that all of the following criteria are met:
i. Projects sites are residentially zoned and not located within the Architectural Overlay district.
ii. Projects are not visible from public right‐of‐way that adjoins properties on the City's Designated Historic Resources and Landmarks Lists. iii. Project sites do not abut properties on the City's Designated Historic Resources and Landmarks Lists.
iv. Projects are not visible from view corridors.

Table 17.16.100(A)
Architectural and Minor Architectural Permits Required
Project Type Architectural
Permit Required
Minor
Architectural
Permit Required
Other/Exempt
Projects
A. Nonresidential and Mixed‐Use Sites
New Buildings X
Additions > 2,000 s.f.
addition
≤ 2,000 s.f.
addition
Some Minor Architectural Permits
may be waived.

Refer to Section 17.16.110 for
eligible projects.

New Accessory
Structures and
Expansions
X
Minor Exterior
Alterations
X
B. Residential and Mixed‐Use Sites
New Residential
Projects
5 or more units Refer to subsection 17.16.100(C)(5)
for exempt projects.

C. Nonconforming Structures ‐ This subsection shall be applied in conjunction with subsections A and B to:

Additions 50
percent or
X
79 Redline Zoning Amendments Page 52
greater to
single‐family
residences with
less than 1,400
square feet of
floor area, as of
March 21, 1996,
up to 2,100
square feet
Table 17.16.100(B)
Cultural Heritage and Minor Cultural Heritage Permits Required Project Type Cultural
Heritage Permit
Required
Minor Cultural
Heritage Permit
Required
Other/Exempt Projects
A. Nonresidential and Mixed‐Use Sites ‐ This subsection applies to: 1) resources listed on the City's Designated Historic Resources and Landmarks Lists1 ; 2) development within the Architectural Overlay District (Please refer to Section 17.56.020); and 3) sites within 300 feet of residentially zoned buildings listed on the City's Designated Historic Resources and Landmarks Lists.

New Buildings X Some Minor Cultural Heritage
Permits may be waived. Refer to
Section 17.16.110 for eligible
projects.

Additions > 2,000 s.f.
addition
≤ 2,000 s.f
addition
New Accessory
Structures and
Expansions
X Refer to subsection 17.16.100(C)(5)
for exempt projects.

Minor Exterior
Alterations
X
B. Residential Sites ‐ This subsection shall be applied to: 1) resources listed on the City's Designated Historic Resources and Landmarks Lists1 ; 2) single‐family homes and duplexes abutting sites listed on the City's Designated Historic Resources and Landmarks Lists; 3) sites with three or more dwelling units within 300 feet of residentially zoned buildings listed on the City's Designated Historic Resources and Landmarks Lists; and 4) development within the Architectural Overlay District (Please refer to Section 17.56.020).

New Buildings X Some Minor Cultural Heritage
Permits may be waived for
additions, accessory structures, and
exterior alterations. Refer to
Section 17.16.110 for eligible
projects.

Additions > 500 s.f.
addition, or 50
percent or
greater
≤ 500 s.f.
addition or less
than 50 percent,
whichever is
smaller
80 Redline Zoning Amendments Page 53
New Accessory
Structures and
Expansions
X
Refer to subsection 17.16.100(C)(5)
for exempt projects.

Minor Exterior
Alterations
X
C. Nonconforming Structures ‐ This subsection shall be applied in conjunction with subsections A and B.

Additions 50
percent or
greater to
single‐family
residences with
less than 1,400
square feet of
floor area, as of
March 21, 1996,
up to 2,100
square feet.

X
Historic
structure and
use exemption
from
requirements in
Chapter 17.72.

Nonconforming
Structures and
Uses. Refer to
Section

17.72.030(C).

X
1 See Department of Parks and Recreation Primary Record Forms on file with the City of San Clemente Planning Division for the type of resource listed (building, structure) D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services. c. Design Review Subcommittee Review. The Design Review Subcommittee shall review applications for Architectural Permits and Cultural Heritage Permits. For Minor Architectural Permits and Minor Cultural Heritage Permits, applications shall be reviewed by the Design Review Subcommitee if the City Planner determines proposals do not meet required findings, or if a project involves a 50 percent or greater expansion of a single‐family dwelling with less than 1,400 square feet of floor area. If the City Planner determines Design Review Subcommittee review is unnecessary, the determination should be noted in the staff report to the review authority. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

F. Required Findings.
82 Redline Zoning Amendments Page 55

1. Architectural and Minor Architectural Permits. Prior to approval of an application for an Architectural or Minor Architectural Permit, the following findings shall be made:
a. The architectural treatment of the project complies with the San Clemente General Plan;
b. The architectural treatment of the project complies with any applicable specific plan and this title in areas including, but not limited to, height, setback color, etc.; c. The architectural treatment of the project complies with the architectural guidelines in the City's Design Guidelines;
d. The general appearance of the proposal is in keeping with the character of the neighborhood; and
e. The proposal is not detrimental to the orderly and harmonious development of the City.

2. Cultural Heritage and Minor Cultural Heritage Permits. In addition to the general findings for approval of an Architectural or Minor Architectural Permit, the following specific findings shall be made prior to approval of an application for a Cultural Heritage or Minor Cultural Heritage Permit:
a. For new structures and remodels in the Architectural Overlay District, one of the following findings shall be made:
i. The proposed project/use preserves and strengthens the pedestrian‐orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii. The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian‐orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project. b. For historic resources, the following finding shall be made:
i. The City finds that the proposed modifications, alterations, or additions are sufficiently in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and the San Clemente Design Guidelines to substantially further the City's goals of historic preservation; or ii. For resources on the City's Landmarks List, the proposed rehabilitation, restoration, preservation, or reconstruction, including modifications, alterations, or additions, are found to be in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and preserve to the extent feasible the character defining features.
83 Redline Zoning Amendments Page 56
c. For projects reviewed because they are abutting or within 300 feet of an historic property, the following finding shall be made:

The proposed project will not have negative visual or physical impacts upon the historic structure.
d. For projects reviewed because they are in the Architectural Overlay District, the following finding shall be made: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.

G. Appeals. An appeal of the action on an Architectural Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Architectural/Cultural Heritage or Minor Architectural/Cultural Heritage Permits shall be reviewed in accordance with Section 17.12.180, Modification of an Approved Application.

K. Approval Runs with the Land. The approval of Architectural/Cultural Heritage and Minor Architectural/Cultural Heritage Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 16. The existing provisions of Section 17.16.110 of the San Clemente Municipal Code are hereby struck and replaced in their entirety with the following:

17.16.110 ‐ Cultural Heritage Permits
A. Purpose. Cultural Heritage Permits are required for projects affecting sites on the City’s list of designated historic structures to ensure projects:

1. Preserve and strengthen the City’s identity as a Spanish village;

2. Comply with the purpose and intent of the Architectural Overlay district for projects involving cultural and historical resources within the overlay zone identified on the Zoning Map;

3. Preserve and strengthen the pedestrian‐oriented areas designated in the General Plan;

4. Preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest;

5. Protect and enhance the City's attraction as a historic community to tourists and visitors; 84 Redline Zoning Amendments Page 57

6. Promote the use of historic properties for the education, pleasure, and welfare of the people of the City;

7. Encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian‐oriented character;

8. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

9. Encourage site design and architecture sensitive to community and neighborhood character;

10. Enhance the visual environment and protects the economic value of existing structures.

11. Respect the physical and environmental characteristics of the site;

12. Ensure safe and convenient access and circulation for pedestrians and vehicles;

13. Exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines;

14. Allow for and encourage individual identity for specific uses and structures;

15. Encourage a distinct community or neighborhood identity;

16. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City’s designated historic resources and landmarks list;

17. Prevent inappropriate design or development of structures; and

18. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B. Applicability.

1. When Required. Development activities listed in Table 17.16.110 require Cultural Heritage Permits for the development of structures and improvement of property on the City’s designated historic resources and landmarks list, unless exempted by Subsection B.2.

2. Exemptions. The following activities are exempt from a Cultural Heritage Permit. a. Activities exempted from an Administrative Development Permit specified in Section

17.16.095.
b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public right‐ of‐way; and
d. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

C. Review Authority.

Table 17.16.110 identifies the required review authority and review process in Section 17.12.060 for each project. Cultural Heritage Permits (CHP) are acted upon by the highest review authority designated in Table 17.16.110 for proposed development, or if a Cultural Heritage Permit is 85 Redline Zoning Amendments Page 58
reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.110 – Review Process for Cultural Heritage Permit Development Activities
Review
Process
(Section

17.12.060)
A. New nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities. Process 3

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

Process 3

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

Process 2

4. New nonresidential accessory buildings screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

5. New nonresidential accessory buildings unscreened from adjoining public right‐of‐way, or the building has floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

Process 2

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 3
C. New residential buildings.

1. New residential primary buildings. Process 3

2. New residential accessory buildings screened from adjoining public right‐ of‐way with less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area, and meets zoning standards.

Process 2

3. New residential accessory buildings unscreened from adjoining public right‐of‐way or larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

4. Accessory Dwelling Units that vary from standards as specified in Section

17.28.270 in which discretionary review is allowed by State law.

Process 3
D. Residential building additions.

1. Residential building additions of floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

2. Residential building additions of floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
E. New accessory structures.
86 Redline Zoning Amendments Page 59
Development Activities
Review
Process
(Section

17.12.060)

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. Development on new parcels created from a subdivision of property. Process 5

2. New Planned Residential Developments (PRD). Process 3

3. New golf courses. Process 3

4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170.

Process 2

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

Process 3

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

Process 2

7. Subdivisions excluding condominiums. Process 5

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

Process 3

9. Residential detached accessory structures over 15 feet in height. Process 3 D. Application Filing, Processing, and Review.

1. Application Filing.
a. An application for a Cultural Heritage Permit shall be filed and processed according to Chapter 17.12.
b. The application shall include the information and materials specified in the application for a Cultural Heritage Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E below.

2. Application Review. A Cultural Heritage Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:
87 Redline Zoning Amendments Page 60
i. Complete in compliance with Section 17.12.050;
ii. In compliance with the California Environmental Quality Act as specified in Section

17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant’s expense according to City policies and the City Planner’s direction; iii. Consistent with the purpose of this Chapter and required findings in Subsection E to support the requested Cultural Heritage Permit; and
iv. Meets all applicable City and State development standards, policies, regulations, and guidelines.

3. Cultural Heritage Subcommittee Review. Applications require Cultural Heritage Subcommittee (CHSC) review if the application requires Planning Commission or City Council approval Applications may also be referred to the CHSC by the City Planner or Zoning Administrator. The Design Review Subcommittee serves as the CHSC.

4. Decision and Appeal Process. Table 17.16.110 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100. Appeals are addressed in Section 17.12.140.

E. Required Findings.

1.   For approval of Cultural Heritage Permit, the Review Authority shall make the following findings:
a.   The proposed project is consistent with the General Plan; b.   The proposed project complies with zoning regulations; c.   The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; d.   The proposed project is in character and compatible with the properties in the neighborhood;
e.   The proposed project is in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and City’s Design Guidelines to substantially further the City's goals of historic preservation, and
f.     The proposed project preserves to the extent feasible the character defining features.

2.   Additional Findingsfor Requests. In addition to the general findingsin Subsection E.1, the Review Authority shall make findings for approval of a Cultural Heritage Permit to allow the following. a.   For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020. And, for new structures and remodels in the Architectural Overlay District, the Review Authority shall also find one of the following:
i.   The proposed project/use preserves and strengthens the pedestrian‐orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii.   The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian‐orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.
88 Redline Zoning Amendments   Page 61
b.   For exemptions from Chapter 17.72, Nonconforming Structures and Uses, the Review Authority shall find: the proposed exemption from nonconforming regulations is warranted to maintain the historical significance of national, state or a locally designated historic structure.

F. General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, time limits on approvals, time extensions, and the review of multiple applications concurrently.

G. Approval Runs with the Land. The approval of Cultural Heritage Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

17.16.110 ‐ Staff waivers of Minor Architectural Permits and Minor Cultural Heritage Permits.

A. Purpose and Intent. For eligible projects, the City Planner may waive Minor Architectural Permits and Minor Cultural Heritage Permits. The purpose of staff waivers is to shorten the review process of minor projects that maintain or improve quality of life, that are clearly consistent with the General Plan and City Design Guidelines, and that meet required findings for permits waived. The intent of this provision is to facilitate and incentivize minor projects that are encouraged by City goals and policies.

B. Authority. The City Planner is the final authority on staff waivers, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section

17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action.

C. Applicability.

1.   Eligible Request. The City Planner may approve staff waivers for the following items:
a.   Minor repair and preservation of historic resources and landmarks. Minor exterior repairs and preservation measures that improve the historical integrity of historic resources and landmarks.
b.   Minor exterior changes to buildings and structures, excluding historic resources and landmarks. Exterior changes minor in nature that improve a structure's appearance and architectural integrity. The building's design, footprint, massing, and height are essentially kept intact, but minor height changes are allowed to modify roofing materials or to remove roof details that are unattractive, such as a mansard Spanish roof element on a contemporary building. Exterior changes shall be consistent with the City's Design Guidelines, and Architectural Overlay District policies when applicable. c.   Minor additions to private recreational facilities and minor utility buildings located outside the Architectural Overlay District. Additions up to 2,000 square feet or less than 50 percent of existing floor area, whichever is smaller. Additions must be mostly or entirely screened from public property view and view corridors.
d.   Basement and interior additions to historic resources and landmarks. Additions that are below ground and within buildings such as lofts and the conversion of crawlspace into floor area.
89 Redline Zoning Amendments   Page 62
e.   Additions to residential buildings, excluding historic resources and landmarks. Additions up to 500 square feet that do not have adverse visual impacts on historic resources and landmarks. Additions must be mostly or entirely screened from public right‐of‐way that adjoins properties on the City's Designated Historic Resources and Landmarks Lists.

Additions shall maintain or reduce a building's height, except for minor height increases to change roofing materials. For example, this would include an addition to the front of a residence that is adjacent to the rear of a historic structure and the addition would not increase the height of the house. When a building is nonconforming, waivers shall not be issued for projects that expand the floor area of buildings by 50 percent or greater since the adoption date of the Zoning Ordinance (March 21, 1996). f.   Accessory structures on sites not identified on the City's Designated Historic Resources and Landmarks List. Construction, expansion, or modification of accessory structures that do not have adverse visual impacts on historic resources and landmarks. Structures must be mostly or entirely screened from public right‐of‐way that adjoins properties on the City's Designated Historic Resources and Landmarks Lists. For properties in the Architectural Overlay District, accessory structures may be visible from public property view if they are minor in nature and their design, materials, and colors are clearly compatible with adjacent buildings and consistent with the City's Design Guidelines and Architectural Overlay District policies. This includes but is not limited to: fences, walls, pilasters, gates, small at‐grade decks and stairs, fountains, trash enclosures, equipment screens, patio covers (residential sites), and pools (residential sites).
g.   Minor landscaping and hardscape changes.
h.   Minor site alterations required by State or Federal law. Minor site alterations required to comply with disabled access requirements or other State or Federal regulations. i.   Other minor projects that do not substantially alter the visual appearance and/or architectural integrity of the property or structure.

2.   Ineligible Requests. The following items are ineligible for a staff waiver:
a.   Nonresidential retaining walls, walls, fences, or hedges over six feet high. b.   Exterior additions to nonconforming nonresidential buildings, except private recreational facilities and minor utility buildings located outside the Architectural Overlay District, per Subsection 1.c.
c.   Additionsto nonconforming residential buildings that increase a building's height or expand its floor area by 50 percent or greater since the adoption date of the Zoning Ordinance (March 21, 1996).

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review. The City Plannershall approve, approve with modifications and/or conditions, or deny a staff waiver request within 15 days following receipt of a completed application. If more than 15 days lapse, and a decision is not made, the City Planner, the applicant 90 Redline Zoning Amendments Page 63
may request that the waiver application be forwarded to the Planning Commission for review and action. The Planning Commission shall be provided a summary of staff waiver decisions at the next regularly scheduled meeting.

F. Required Findings. The review authority shall meet the required findings for the Minor Architectural Permit or Minor Cultural Heritage Permit being waived [Section 17.16.100(F)].

G. Appeals. An appeal of a staff waiver decision shall be reviewed per Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section

17.12.175 for related procedures and required findings.

I. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

SECTION 17. Subsection (D) of Section 17.16.145 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

D. Review Procedures. Following receipt of a completed application, the City Planner shall review the application for compliance with the Zoning Ordinance. When a Minor/Site Plan Permit, Minor/Architectural Permit, or Minor/Conditional Use Permit is approved for the property, STLU zoning permit Applications are also reviewed to ensure they are consistent with plans approved through the discretionary review process.

SECTION 18. Subsection (A) of Section 17.16.175 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

A. Purpose and Intent. In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to outline the process for obtaining property tax reduction incentives available through the execution of a voluntary Historic Property Preservation Agreement with the City of San Clemente. For other, regulatory incentives, see Sections 17.16.180, Waivers of Fees/Development Standards, Relocation of Historic Structures; 17.24.100, Increase in Floor Area Ratios; 17.64.120, Modifications and Waivers of Parking Requirements; and Table Section

17.16.1100B. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

SECTION 19. Subsection (J) of Section 17.16.175 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

J. Cancellation of Agreement.

1. The City Council may cancel an Historic Property Preservation Agreement if the City Council determines that the property owner has breached any of the terms of the 91 Redline Zoning Amendments Page 64
Agreement, or has allowed the property to deteriorate to the extent that it no longer meets the criteria in Section 17.16.160(F)(1).

2. Following completion of the Enforcement of Agreement procedures contained within each Historic Property Preservation Agreement and prior to the cancellation of an a Historic Property Preservation Agreement, the City Council may initiate and review cancellation of an Agreement in the same manner as revocation of a Site Plan Permit, as described in Section 17.12.175, City Initiated Changes of Revocation of Approved Applications.

3. If the City Council cancels an Agreement, the property owner shall pay a penalty of 12½ percent of the full market value of the property, as determined by the County Tax Assessor, to the State.

SECTION 20. Section 17.16.180 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.180 Waiver of Fees/Development Standards for Historic Resources and Landmarks.

A. Purpose and Intent. In order to preserve and protect the cultural, historical, and architectural heritage of San Clemente, certain incentives are provided in various sections of this title to owners of designated historically significant properties. The purpose and intent of this section is to describe the waiver of fees/development standards for historic resources and landmarks on the City’s designated historic resources and landmarks list. For other regulatory incentives, see Sections 17.16.175, Historic preservation incentives, historic property preservation (Mills Act) agreements; 17.24.100, Increase in Floor Area Ratios; 17.64.120, Modifications and Waivers of Parking Requirements; and 17.72.100, Tables 17.16.100(B)Section 17.16.110. Please refer to the City's Building Division for additional provisions related to the use of the State Historical Building Code.

B. Authority. The City Council is the final authority on the authorization and approval of fee/development standard waivers for properties on the City's Designated Historic Resources List.

C. Fee waivers.

1. The fees for the first eight hours of time required to process a Cultural Heritage Permit shall be waived for the following eligible properties:
a. All resources sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.
b. All abutting single‐family homes and duplexes.
c. All sites with three or more dwelling units within 300 feet of residentially zoned sites listed on the City's List of Designated Historic Structures Resources and Landmarks Lists.

The fee waiver shall not apply to non‐historic properties located within the Architectural Overlay District.

The fee waiver shall not apply to any costs incurred for any required technical studies, miscellaneous associated fees with processing the application, additional permits, etc. Projects taking less than eight hours of staff time to process shall not be provided a credit for the value of the unused portion of the fee waiver.
92 Redline Zoning Amendments Page 65
SECTION 21. Section 17.16.250 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.250 ‐ Discretionary Sign Permits
A. Purpose and Intent. The purpose of this section is to provide a discretionary review process for signs that are significant in terms of size, number, location or type. The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood. The intent of discretionary review is also to ensure that signs comply with the purpose and intent of the City's sign regulations.

B. Authority. The Planning CommissionZoning Administrator is the final authority on Discretionary Sign Permits , subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. is as follows:

1. Planning Commission for signage in the Architectural Overlay district, freestanding signs, pole signs, and Master Sign Programs for new development.

2. Zoning Administrator for other signage requiring a Discretionary Sign Permit.

C. Applicability. A Discretionary Sign Permit is required to allow any of the following:

1. Sign types for which a Discretionary Sign Permit is required in Table 17.84.030(A), Matrix of Sign Types.

2. Multiple signs for a tTenant with total sign area exceeding 64 square feet at a property outside of the Architectural Overlay District.

3. Tenant signage exceeding 25 square feet at a property within the Architectural Overlay District.An Individual sign for a tenant located within an Architectural Overlay District that is larger than 25 square feet.

4. Multiple signs for a tenant located within an Architectural Overlay District with total sign area exceeding 25 square feet.

54. Signs with neon lighting.

65. Master Sign Programs according to Section 17.84.020(G).

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.140, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives a complete application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
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a. Development Management Team review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act and determine if environmental studies are required. If studies are required, then they shall be conducted at the applicant's expense, which may involve the selection of a consultant. c. Design Review Subcommittee review. The Design Review Subcommittee shall review applications. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section

17.12.025.

F. Required Findings. Prior to approval of a Discretionary Sign Permit, all of the following findings shall be made:

1. The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, Design Guidelines, respective specific plan or Architectural Overlay District in which the sign is to be located;

2. The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

3. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

4. The design and materials of the sign provide a contrast between the background and letters;

5. If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building‐mounted signs;

6. If a pole sign is included in the sign application, the design, scale or location of the building dictates the use of a pole sign rather that a monument sign;

7. For Master Sign Programs:
94 Redline Zoning Amendments Page 67
a. The provisions of the Master Sign Program ensure consistency in design and style of all new signs,
b. The provisions of the Master Sign Program address compatibility of the design and style of any existing signs on the building or site, and
c. All new signs within the Master Sign Program are in compliance with the design standards of this chapter.

G. Appeals. An appeal of the action upon a Discretionary Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as consideration of concurrent applications, time limits on approvals and time extensions.

SECTION 22. Subsection (D) of Section 17.24.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

D. Standards for Fences, Walls and Hedges in Nonresidential Zones. In nonresidential zones, fences, walls, and hedges shall comply with the following requirements:

1. Height and Materials. The height limit and other features of fences, walls, and hedges are revieweddetermined through an architectural review process with required approval of a Development Permit (Section 17.16.100), or Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list. and approved through the discretionary review process per Section 17.16.100

2. Fencing Around Parking Areas. For requirements for fencing around parking lots, please refer to Section 17.28.220, Parking Lots.

SECTION 23. Subsection 17.24.040(C)(2) of the San Clemente Municipal Code is amended in its entirety as follows:

2. Height Limits for Detached Accessory Structures. Except as modified by Table 17.24.080Section

17.24.080B, Maximum Encroachments into Setbacks and Height Limits , General;of this Title, the height limit for detached accessory buildings/structures shall be as follows:
a. Front Half of the Lot. Detached accessory buildings/structures in the front one‐half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot. Detached accessory buildings or structures (See Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title for additional restrictions for accessory structures) in the rear one‐half of the lot may exceed the 15‐foot height limit and be constructed to the height limit of the zone through a Conditional Use 95 Redline Zoning Amendments Page 68
Permitin accordance with Section 17.16.060, Conditional Use Permits, of this Title. Exception:
through lots. Please refer to the standards for through lots provided in Section 17.24.210, Through Lots, Rear Setbacks For, of this Title; Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).
c. When portions of the detached accessory buildings/structures are located in both the front and rear half of the lot, both subdivisions a and b shall apply.

3. Height Limits for Detached Accessory Buildings. Except as modified by Section 17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one‐half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section

17.16.100) or Cultural Heritage Permit (Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter

17.16; and
ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one‐half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.

SECTION 24. Subsection 17.24.040(C)(2) of the San Clemente Municipal Code is hereby struck in its entirety and retitled as “Reserved.”

17.24.100 Increase in Permitted Floor Area Ratios. The standard floor ratio for commercial and mixed‐ use zones is specified in Chapters 17.36, Commercial Zones and Standards, and 17.40, Mixed‐Use Zones and Standards, of this title. New buildings and additions to existing buildings may be allowed to increase the maximum floor area ratio for the zone in which they are located through either the Site Plan Permit process or Minor Site Plan Permit process, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title. In no event shall the increased floor area ratio approved exceed the maximum floor area ratios specified below:

Table 17.24.100 ‐ Increase in Floor Area Ratios
Zone FAR
Mixed-Use (MU) 3.0, 3.1, and 3.3
Commercial projects 1.0
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Mixed-use projects 2.0
Neighborhood Commercial (NC 2), excluding the
Coastal Overlay Zone:

On-site historic preservation Maximum increase equal to existing historic structure's SF
Relocation of historic structure Maximum increase less than existing historic structure's SF
SECTION 25. Subsection (B)(1) of Section 17.24.110 of the San Clemente Municipal Code is hereby amended to read follows:

B. General Regulationsfor the Measurement of Height. The following regulationsfor calculating height shall apply to all development within the City of San Clemente:

1. Measurement of Height From Original or Finished Grade. a. Developments With Mass Recontouring. In the case of subdivisions and/or land development where mass recontouring has been or will be permitted by the City, building height shall be measured from finished grade based on City approved plans, subject to approval through the site plan permit process, as described in Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title. Please refer to Figure 17.24.110A for a map of those areas in the City which have had mass recontouring. This subsection does not include properties with significant grading which have received the approval of a variance from height limits; please refer to the following paragraph b, for the method of measuring height on these properties.
b. All Other Development. In the case of developments where massrecontouring has not been permitted, or where significant grading has been allowed but through the approval of a variance from the height limit, building height shall be measured from original grade. c. In cases where it is ambiguous whether building height should be measured from finished or original grade, or where a determination of finished or original grade is difficult, the City Planner shall make such determination, subject to the appeal provisions in Section

17.12.140, Appeals of an Action, of this title.

SECTION 26. Section 17.24.160 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.24.160 ‐ Relocation of Structures.

A.   Review Requirements. The relocation of a building or other structure from one lot to another, from within or outside and to within or outside the City , requires the approval of a Minor Conditional Use Permit and a Minor Architectural Permit, as detailed in( Sections 17.16.0760) and a Development Permit (17.16.100) or , Minor Conditional Use Permits, and 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits of this title Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list.
97 Redline Zoning Amendments   Page 70
B.   Minimum Standards. The relocation of a building or structure requires the following:

1. Compliance. Compliance with the requirements, relative to the building orstructure, of the zone to which the building is being relocated; and

2. Conformance. Conformance with or improvement upon the general character of the existing buildings in the neighborhood, as determined through the architectural review process detailed in Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits, of this title.

C. Public Notification. Public notification for the required discretionary approvals shall be provided, as described in Section 17.12.100, Public Hearing and Notification, of this title, and shall be provided for both the original location of the building or structures and the location to which the building or structure is being moved.

SECTION 27. Section 17.24.170 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.24.170 ‐ Residentially Zoned Property, Development Adjacent to.

A. Purpose and Intent. The purpose of this section is to establish review procedures for nonresidential and mixed‐use development adjacent to residentially zoned property. The purpose of review is to allow development adjacent to residential property while addressing potential impacts related to noise, light and glare, parking and circulation and privacy.

B. Building Setbacks from Adjacent Residentially Zoned Property. Except as provided for within this section, new nonresidential and mixed‐use buildings and/or additions to existing buildings shall maintain a minimum 20‐foot setback from adjacent residential property lines. Encroachment of the nonresidential or mixed‐use building and/or addition into this setback shall be allowed through the discretionary review process required for the project based on measures included in the project to address noise, parking, lighting, massing and other similar impacts upon adjacent residential development. If no discretionary review is required for the building and/or additions, then it shall be reviewed through a Minor Site Plan Permit, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title.

C. Additions Within 50 Feet of Existing Single‐Family Residences. Any nonresidential or mixed‐use building addition that is closer than 50 feet to an existing single‐family residence shall require the approval of a Minor Site Plan Permit, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title, if no other discretionary review is required by this title.

Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list.

SECTION 28. Subsection (C) of Section 17.24.180 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

C. Standardsfor Retaining WallsIn Nonresidential Zones. The height limit, design, materials, stepping, and other retaining wall features of retaining walls are reviewed and approved through the discretionary review process. A Minor Architectural Permit or Minor Cultural Heritage Permit is required to allow retaining walls per Section 17.16.100 are determinedreviewed and approved through an architectural review process with the required approval of a Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list. 98 Redline Zoning Amendments Page 71
SECTION 29. Subsections (C)(1) and (C)(2) of Section 17.28.205 of the San Clemente Municipal Code are hereby amended to read in their entirety as follows:

C. Review Requirements.

17.16.100 (Minor Architectural Permit/Minor Cultural Heritage Permit) and Section

17.16.110 (Staff Waivers of Minor Architectural Permit/Minor Cultural Heritage Permit). b. Outdoor Dining Without Alcohol Service or Entertainment. The City Planner may approve outdoor dining areas with a maximum of 16 seats and four tables on private property, provided that alcohol service or live entertainment is not proposed. A Minor Conditional Use Permit is required to allow outdoor dining areas with more than 16 seats and four tables.
c. Outdoor Dining with Alcohol Service or Entertainment. Alcohol and/or entertainment may be allowed on outdoor dining areas, on private property, as a restaurant accessory use with the approval of a Conditional Use Permit or Minor Conditional Use Permit. Refer to Chapters 17.36 (Commercial Zones) through Chapter 17.48 (Public Zones) to determine if this is allowed.

2.   Outdoor Dining on Public Property. The following procedures are required to allow outdoor dining areas on public property, such as sidewalks:
a.   Review of Exterior Modifications. Exterior modifications to establish outdoor dining areas require review in compliance with Section 17.16.095 (Administrative Development Permit), Section 17.16.100 (Development Permit), or Section 17.16.110 (Cultural Heritage Permit) for historic resources and landmarks on the City’s designated historic resources and landmarks list.A Minor Architectural Permit or Minor Cultural Heritage Permit is required to allow exterior modifications, unless a staff waiver may be issued. b.   Number of Outdoor Seats. A Minor Conditional Use Permit is required to allow outdoor dining areas with a maximum of 16 seats and four tables. A Conditional Use Permit is required to allow outdoor dining areas with more than 16 seats and four tables. c.   Encroachment into Public Property. An Encroachment Permit is required to allow outdoor dining on public property per Chapter 12.20.
d.   Location of Outdoor Dining on Public Property. A Minor Conditional Use Permit is required to allow outdoor dining areas that are adjacent to private property. A Conditional Use Permit is required to allow outdoor dining in other areas, such as in a parkway, areas separated from private property, or areas directly adjacent to a street or parking. e.   Outdoor Dining with Alcohol Service or Entertainment. Alcohol and/or entertainment may be allowed on outdoor dining areas, on public property, as a restaurant accessory use with the approval of a Conditional Use Permit or Minor Conditional Use Permit. Refer to 99 Redline Zoning Amendments   Page 72
Chapters 17.36 (Commercial Zones) through Chapter 17.48 (Public Zones) to determine if this is allowed.

SECTION 30. Section 17.28.230 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.28.230 ‐ Public Park Facilities.

A. Purpose and Intent. The purpose of this section is to describe the architectural review procedures for public park facilities. For specific details regarding the review of parks and recreational facilities, please refer to the interim policy for the review of recreational facilities and streetscapes, until such time as this policy has been incorporated into the City's Parks and Recreation Master Plan.

B. Review Requirements. Architectural review procedures shall be as follows for the development of public parks:

1. Buildings. Major Park Structures. Requests to develop new buildings which are 1,500 square feet or greater or additions of 1,500 square feet or greater require the approval of an Architectural Permit, in accordance with Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits, of this title. The development of new park facility buildings or additions to existing buildings require architectural review with the approval of a Development Permit (Section 17.16.100), or Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list, such as the Municipal Golf Course. The Review Authority considers architectural and aesthetic impacts of the proposals shall be considered by the permitting authority.

2. Minor Park Structures and Facilities. Requeststo develop new buildings of lessthan 1,500 square feet or additions of less than 1,500 square feet require the approval of a Minor Architectural Permit, in accordance with Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits, of this title. The architectural and aesthetic impacts of the proposal shall be considered by the permitting authority.

32. Other Facilities. The development or addition of sports courts, landscaping, benches, trails and other recreational facilities which do not include the development of buildings shall be exempt from the discretionary review requirements of the Zoning Ordinance.

SECTION 31. The former Subsection (G)—which, following City Council Ordinance No. 1742, is now subsection (H)—of Section 17.28.270 of the San Clemente Municipal Code is hereby amended to read as follows:

17.28.270(GH) Accessory Dwelling Units, Non‐qualifying conforming ADUs and JADUs and Discretionary Approval.

Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through F of this section may be allowed by the City with an Architectural Permit Development Permit or Cultural Heritage Permit, in accordance with the other provisions of this title.

SECTION 32. Subsection (E) of Section 17.28.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
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E. Converted Service Stations. When a service station use is converted to another use, the service station structures and other improvements shall be removed or modified to an extent that makes the site compatible with the neighborhood and conforming to rules. The modification or removal of improvements requires the approval of an Administrative Development Permit (17.16.095) or Development Permit (Section 17.16.100).Minor Architectural Permit or Minor Cultural Heritage Permit (Section 17.16.100) unless a waiver may be issued per Section 17.16.110. For example, the conversion of a service station could involve the removal of all fuel equipment and underground storage tanks, pole signs, removal of canopies, removal of pump islands, removal of overhead doors, the addition or modification of landscaping, addition of missing street improvements, exterior remodeling, etc. For nonconforming service stations, refer to change of use requirements in Chapter

17.72, Nonconforming Structures and Uses.

SECTION 33. Subsection (I) of Section 17.28.300 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

I. Other Temporary Fencing for Security and Screening. Temporary fencing, other than what isrequired for active construction projects, is allowed for the purpose of providing security and screening to ensure the health, safety and welfare of the community at the discretion of the City Planner, subject to the following regulations.

1. Review Requirements. Temporary fencing and similar structures erected higher than 42 inches and up to six feet in height shall require an Administrative Development Permit according to, Section 17.16.095. the approval of a Minor Architectural Permit/Minor Cultural Heritage Permit in accordance with Section 17.16.100, Architectural Permits/Cultural Heritage Permits and Minor Architectural Permits/Minor Cultural Heritage Permits.

2. Expiration of Permits. Any permit issued pursuant to this section shall become invalid upon the expiration of an approved permit for which the use has been approved.

3. Minimum Standards. Temporary fencing and similarstructuresshall not be chainlink. Acceptable materials are more permanent in nature and include wrought iron, wood, or similar material and must be compatible with the existing style of surrounding development. Temporary fences and similar structures shall be maintained in good condition with no unintentional rips/tears (except for minimization of wind effects), fading, or general disrepair. Maintenance shall not become so defective, unsightly, or in such condition of deterioration or disrepair to create a public nuisance as set forth in Section 5.82.030.

SECTION 34. The rowsfor “Accessory Buildings” entriesin Table 17.32.030 of Section 17.32.030 of the San Clemente Municipal Code is hereby amended to read as follows:

Table 17.32.030 ‐ Residential Zone Uses
Use RVL RL RML RM RH

5. Unclassified Uses
Accessory Buildings, Residential15Detached, Over 15 Feet in Height: C C C C C a. Accessory Buildings, Residential15Detached, Over 15 Feet in Height that Encroach into Required Setbacks

O O O O O
ab. All Others, Residential P P P P P
bc. Accessory Buildings, Nonresidential16 MCC C
MC
C
MC
C
MC
C
MC
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SECTION 35. Table 17.36.020 of Section 17.36.020 of the San Clemente Municipal Code is hereby amended as follows:

1. Within Section 1’s “Commercial” entries, new rows are hereby regarding for Liquor Sales for On‐ Site Consumption and Dancing and/or entertainment;

2. Within Section 8’s “Restaurant and Bars” entries are amended in their entirety;

3. Within Section 9’s “Unclassified” entries for “Amusement Center”, “Bowling Alley”, “Pool Halls”, and “Theaters”; and

4. Footnotes 14 to 22 are amended and renumbered.

Table 17.36.020 ‐ Commercial Zone Uses
Use Zones

1. Commercial NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF1 NOTE
Nurseries (Outdoor
Garden Retail Sales)
C C C C C C C C
Liquor Sales for On‐
Site Consumption:

a. Hard alcohol C C C C C C C C C
b. Beer and wine
indoors with active
food service

P P P P P P P P P
c. Beer and Wine in
outdoor dining areas
with active food
service
MC MC MC MC MC MC MC MC MC
d. Beer and Wine
without active food
service

MC MC MC MC MC MC MC MC MC
Dancing and/or
entertainment that
has:

a. No amplified
sound.

MC MC MC MC MC MC MC MC MC
b. Amplified
sound.

C C C C C C C C C

8. Restaurants and
bars
NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF1 NOTE
Bars, cocktail
lounges (with or
without dancing
and/or
entertainment)
P P P P P P P P P
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Microbreweries
(with limited
production up to
5,000 barrels and
tasting room) as
defined in Section

17.88 P P P P P P P P P
Taprooms as defined
in Section 17.88
P P P P P P P P P
Restaurants without
a drive‐through:

P P P P P P P P P
a.Restaurants
Wwith drive‐through
C C C C C C C 13
b. With no on‐site
consumption of
liquor, no dancing,
no entertainment
P P P P P P P P P
c. With on‐site sale
of beer and wine:

i. Indoors   MC   MC   MC   MC   MC   MC   MC   MC   MC ii. Outdoors with
up to 16 outdoor
seats or four tables
MC   MC   MC   MC   MC   MC   MC   MC   MC
iii. Outdoors with
more than 16
outdoor seats and/or
four tables
MC   MC   MC   MC   MC   MC   MC   MC   MC
d. With on‐site sale
of hard alcohol:

i. Indoors   C   C   C   C   C   C   C   C   C
ii. Outdoors with
up to 16 outdoor
seats or four tables
MC/C   MC/C   MC/C   MC/C   MC/C   MC/C   MC/C   MC/C   MC/C   14, 15 iii. Outdoors with
more than outdoor
16 seats and/or four
tables
C   C   C   C   C   C   C   C   C   14,
15 e. With dancing
and/or
entertainment that
has:

i. No amplified
sound.

MC MC MC MC MC MC MC MC MC
iii. Amplified
sound.

C C C C C C C C C
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9. Unclassified Uses NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4
Amusement Centers C   C   MCC MCC MCC MCC MCC MCC MCC 1714 Bowling Alley C   C   MCC MCC MCC MCC MCC MCC MCC
Pool Halls C   C   MCC MCC MCC MCC MCC MCC MCC 2018
Theaters C   C   MCC MCC MCC MCC MCC MCC MCC

14. When a restaurant has an approved CUP for the service of alcohol indoors and a CUP is required for the service of alcohol outdoors, then the applicant may request an amendment to the existing CUP to extend service outdoors. When a restaurant has an approved CUP for the service of alcohol indoors and an MCUP is required for the service of alcohol outdoors, an MCUP is the only application necessary (an amendment to the existing CUP shall not be necessary).

15. If a CUP has been previously approved for service of hard alcohol indoors, then that service may be extended outdoors for outdoor facilities with no more than 16 seats or four tables with the approval of an MCUP. If no CUP has been approved for service of hard alcohol indoors, then any service of hard alcohol outdoors requires a CUP.
1614. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages. 1715. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers.
1816. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.
1917. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code. Refer to Section

17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.
2018. The provisions for amusement centers shall apply to pool halls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers. 2119. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.
2220. Refer to Section 17.28.290, Service Stations, of this title, for special provisions. 2321. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.
2422. Refer to Section 17.28.320, Vehicle Service and Repair‐Related Facilities, of this title, for special provisions.

SECTION 36. Table 17.36.030(A) of the San Clemente Municipal Code is hereby amended in its entirety as follows:

17.36.030 Commercial Zone General Development Standards.

The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective commercial zones. 104
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A. Creation of New Lots. The creation of new lots within commercial zones following the date of adoption of this title shall conform to the minimum dimensions for lots established within this zone, except in the case of condominium lots or individual lots within a shopping center, in which case minimum dimensions shall be applied to the boundaries around the entire center. Individual lots created within shopping centers are exempt from the site development standards stated herein, as they relate to minimum lot areas and lot width, as long as the following conditions are met:

1. A Site Plan Permit for the entireThe commercial center has been processed and approved pursuant to Section 17.16.10050, Site PlanDevelopment Permits and Minor Site Plan PermitsSection 17.16.110, Cultural Heritage Permits, of this title;

2. Easements for reciprocal access, parking and maintenance are recorded in a form approved by the City Attorney and maintained; and

3. All applicable setbacks adjacent to the exterior boundaries of the shopping center or commercial development are met.

SECTION 37. Section 17.36.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.36.040 Commercial Zone Special Development Standards.

Chapter 17.24, General Development Standards, of this title includes a number of special provisions affecting commercial properties. Unless otherwise indicated in the referenced sections, or in other City documents regulating commercial development, the development standards listed in Chapter

17.24, General Development Standards, of this title shall apply to all zones described in this chapter.

Table 17.36.040
Special Development Standards for All Commercial Zones
Standards Sections
Accessory Buildings   Section 17.24.040
Building Equipment and Services and Their Screening   Section 17.24.050 Encroachment into Setbacks and Height Limits, General   Section 17.24.080 Fences, Walls, Hedges   Section 17.24.090
Height Limitations   Section 17.24.110
Increase in Floor Area Ratios   Section 17.24.100
Lighting   Section 17.24.130
Off‐Street Loading Area   Section 17.24.150
Relocation of Structures   Section 17.24.160
Residentially Zoned Properties, Development Adjacent To   Section 17.24.170 Retaining Walls   Section 17.24.180
Skirt Walls   Section 17.24.190
Substandard Lots   Section 17.24.200
Through Lots, Rear Yard Setback For   Section 17.24.210 Trip Reduction Measures for Projects With Greater than 100 Employees   Chapter 17.76 105
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SECTION 38. Subsection (A)(2)(a) of Section 17.40.030 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

2. Special Use Regulations.
a. Residential and Nonresidential Uses on the Same Building Floor. In vertical mixed‐use projectsIn the MU 1, MU 2, MU 3.0, and MU 3.2 zones, nonresidential uses may be permitted on the same building floor as a residential use with the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.

SECTION 39. Table 17.40.030 of Section 17.40.030 of the San Clemente Municipal Code is hereby amended as follows:

1. Within Section 1’s “Commercial” entries, new rows are hereby regarding for Liquor Sales for On‐Site Consumption and Dancing and/or entertainment;

2. Within Section 8’s “Restaurant and Bars” entries are amended in their entirety;

3. Within Section 9’s “Unclassified” entries for “Accessory Buildings, Residential”, “Amusement Center” and “Pool Halls” are amended as shown below; and

4. Footnotes 16 to 30 are amended and renumbered.

Table 17.40.030 – Mixed Zone Uses.

Use Zones

1. Commercial MU 1 MU 2 MU

3.0 MU

3.1 MU

3.2 MU

3.3 MU 5 NOTE
Liquor Sales for On‐Site
Consumption:

a. Hard alcohol C C C C C C C
b. Beer and wine indoors
with active food service

P P P P P P P
c. Beer and Wine in
outdoor dining areas with
active food service

MC MC MC MC MC MC MC
d. Beer and Wine without
active food service

MC MC MC MC MC MC MC
Dancing and/or
entertainment that has:

a. No amplified sound. MC MC MC MC MC MC MC b. Amplified sound. C C C C C C C

8. Restaurants and bars MU 1 MU 2 MU

3.0 MU

3.1 MU

3.2 MU

3.3 MU 5 NOTE
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Bars, cocktail lounges (with
or without dancing and/or
entertainment)
P P P P P P P
Microbreweries (with
limited production up to
5,000 barrels and tasting
room) as defined in Section

17.88 P P P P P P P
Taprooms as defined in
Section 17.88
P P P P P P P
Restaurants without drive‐
through:

P P P P P P P
a.Restaurants Wwith
drive‐through
C C C C C 16
b. With no on‐site
consumption of liquor, no
dancing, no entertainment
P P P P P P P
c. With on‐site sale of
beer and wine:

i. Indoors   MC   MC   MC   MC   MC   MC   MC
ii. Outdoors with up to
16 outdoor seats or four
tables
MC   MC   MC   MC   MC   MC   MC
iii. Outdoors with more
than 16 outdoor seats
and/or four tables
MC   MC   MC   MC   MC   MC   MC
d. With on‐site sale of
hard alcohol:
17,
18,
19 i. Indoors   C   C   C   C   C   C   C
ii. Outdoors with up to
16 outdoor seats or four
tables
MC/C   MC/C   MC/C   MC/C   MC/C   MC/C   MC/C
iii. Outdoors with more
than outdoor 16 seats
and/or four tables
C   C   C   C   C   C   C
e. With dancing and/or
entertainment that has:

i. No amplified sound MC MC MC MC MC MC MC ii. Amplified sound C C C C C C C

9. Unclassified Uses MU 1 MU 2 MU

3.0 MU

3.1 MU

3.2 MU

3.3 MU 5 NOTE
Accessory Buildings,
Residential
P P P 20
a. Detached, Over 15 Feet
in Height
C 20
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b. All Others           P
Accessory Buildings,
Nonresidential
C   C   C   C   C   C   C
Amusement Centers C   C   C   C   C   C   C   2218
Bowling Alley C   C   C   C   C   C   C
Pool Halls C   C   C   C   C   C   C   2521
Theaters C   C   C   C   C   C   C

16. Refer to Section 17.28.260, Drive‐Throughs.

17. When a restaurant has an approved CUP for the service of alcohol indoors and a CUP is required for the service of alcohol outdoors, then the applicant may request an amendment to the existing CUP to extend service outdoors.

18. When a restaurant has an approved CUP for the service of alcohol indoors and an MCUP is required for the service of alcohol outdoors, an MCUP is the only application necessary (an amendment to the existing CUP shall not be necessary).

19. If a CUP has been previously approved for service of hard alcohol indoors, then that service may be extended outdoors for outdoor facilities with no more than 16 seats or four tables with the approval of an MCUP. If no CUP has been approved for service of hard alcohol indoors, then any service of hard alcohol outdoors requires a CUP.
2017. Refer to Section 17.24.040, Accessory Buildings.
2118. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages. 1922. Refer to Section 17.28.050, Amusement Centers.
2023. Refer to Section 17.28.130, Grading.
214. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code. Refer to Section

17.28.185, Massage Establishments, of this title, for special provisions for massage establishments. To the extent otherwise allowed, Accessory Massage is permitted only in the commercial portion of a mixed‐use building.
225. The provisions for amusement centers shall apply to pool halls. Refer to Section 17.28.050, Amusement Centers.
236. Refer to Section 17.28.250, Recycling Facilities.
247. Refer to Section 17.28.305, Urban Private Storage. 258. Refer to Section 17.28.320, Vehicle Service and Repair‐Related Facilities. 269. A boarding house may not be located within 300 feet of any other boarding house measured by following a straight line without regard to intervening buildings from the nearest point of the parcel on which the proposed boarding house is to be located to the nearest point of the parcel that contains the existing boarding house. No more than one boarding house is allowed on a legal parcel. 2730. Refer to Section 17.28.292, Short‐Term Lodging Units, of this title for special provisions for STLUs and STARs.
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SECTION 40. Section 17.40.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.40.050 Mixed‐Use Zone Special Development Standards.

This section and Chapter 17.24, General Development Standards, of this title, includes a number of special provisions affecting mixed‐use properties. Unless otherwise indicated in the referenced sections, or in other City documents regulating mixed‐use development, the development standards listed in Chapter 17.24, General Development Standards, of this title shall apply to all zones described in this chapter.

Table 17.40.050
Special Development Standards for All Mixed‐Use Zones
Standards Sections
Accessory Buildings   Section 17.24.040
Arbors (Residential Structures Only)   Section 17.32.050(A), Arbors Building Equipment and Services and Their
Screening
Section 17.24.050
Density Allowance for Lots with Less than 3,600
Square Feet of Lot Area (Residential Lots Only)
Section 17.32.050(B), Density Allowance for Lots
with Less than 3,600 Square Feet of Lot Area
(residential lots only)
Distance Between Primary Buildings, Minimum
Required
Section 17.32.050(C), Distance Between Primary
Buildings, Minimum Required
Encroachment into Setbacks and Height Limits,
General
Section 17.24.080
Fences, Walls, Hedges   Section 17.24.090
Front Setback, Special Provisions for Reduction
(Residential Lots Only)
Section 17.32.050(D)
Garage Encroachment into the Front Yard
Setback (Residential Lots Only)
Section 17.32.050(E)
Height Limitations   Section 17.24.110, Front Setbacks, Special Provisions for Reductions (residential lots only),
Section 17.32.050(D), Garage Encroachment into
the Front Yard Setbacks (residential lots only),
Section 17.32.050(E)
Increase in Floor Area Ratios   Section 17.24.100
Lighting   Section 17.24.130
Off‐Street Loading Area   Section 17.24.150
Relocation of Structures   Section 17.24.160
Residential/Nonresidential Use Restrictions for
MU 3.0‐CB
Please refer to Section 17.56.030, Central
Business District Overlay.

Residential/Nonresidential Use Restrictions for
MU 5 (Minimum Contiguous Use)
Please refer to subsection (A),
Residential/Nonresidential Use Restrictions for
MU 5.

Residentially Zoned Properties, Development
Adjacent to
Section 17.24.170
Retaining Walls   Section 17.24.180
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Skirt Walls   Section 17.24.190, Special Provisions for Dwelling Units with Front Entrances Located Along the
Side Property Line (residential lots only), Section

17.32.050(F)
Special Provisions for Dwelling Units with Front
Entrances Located Along the Side Property Line
(Residential Lots Only)
Section 17.32.050(F)
Substandard Lots   Section 17.24.200
Through Lots, Rear Yard Setback For   Section 17.24.210 Trip Reduction Measures for Projects With
Greater Than 100 Employees
Chapter 17.76
Unit Size, Minimum   Please refer to subsection (B), Unit Size, Minimum
SECTION 41. Footnote 2 of Table 17.44.020 of Section 17.44.020 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

Table 17.44.020, Open‐Space Zone Uses, Footnote 2
2 New golf courses in the OSC zone require approval of a Development Permit ( Section 17.16.100) or Cultural Heritage Permit (17.16.110)Site Plan Permit, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title.

SECTION 42. Section 17.52.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.52.040 ‐ General Requirements for Specific Plan Zones.

A. Determination of Land Uses and Development Regulations. Precise locations of land uses and development regulations within the SP Zone shall not be fixed or predetermined until a specific plan has been adopted by the City in accordance with Section 17.16.030, Specific Plan Adoption and Amendments, of this title.

B. Limitations on Grading Permits, Building Permits, and Land Use Permits. No Grading Permits, Building Permits, or Land Use Permits, or other development entitlements, shall be issued for any property with an SP designation prior to the adoption of a specific plan for the property, unless such permits or entitlements are solely for emergency measures, restoration or remedial maintenance and do not in any way predispose the future use of the land.

C. Scope of Specific Plan.

1. Each specific plan shall include the specific land uses, standards and criteria necessary for the development, maintenance and use of the subject property, in compliance with the policies and programs of the General Plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement or supersede the City's Zoning Ordinance.

2. New specific plans and amendments to existing specific plans may be required, at the City's discretion, to include standards and a financing program for the installation of public facilities and utilities, schools, flood control and transportation facilities, and other public and private improvements and facilities related to the specific plan. 110
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3. Specific plans shall address the applicable portions of State law related to the preparation of a specific plan.

D. Amendment of the Zoning Ordinance and Map. Adoption of a specific plan shall include an amendment to the Zoning Ordinance and Zoning Maps in accordance with Section 17.16.040, Zoning Amendments, of this title. Each specific plan shall be named. The Zoning Map shall not indicate the land use designations within the specific plan, but shall show the letters "SP" and an abbreviation of the specific plan name. Thereafter, all land use, development and improvements shall conform to the provisions of the adopted specific plan.

E. Inclusion of Specific Plan Text and Maps. Adoption of a specific plan shall include the incorporation of the specific plan text and maps as an appendix to the Zoning Ordinance.

F. Reference of Specific Plan Text and Maps. Adoption of a specific plan shall require the amendment of Table 17.52.060, Adopted Specific Plans, of this chapter to include a reference to the new specific plan.

G. Development Agreements. Specific plans shall not be required to but may be accompanied by development agreements. Approved development agreements related to specific plans are listed in Table 17.52.060, Adopted Specific Plans, of this chapter.

H. Requirements Not Specified. The standards in the Zoning Ordinance shall apply when development standards are not specified within individual specific plans. Any use that is not expressly permitted or prohibited in a specific plan is subject to the City's general zoning ordinance. This includes, among other things, the citywide prohibition on all cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, and all marijuana dispensary, marijuana manufacturer, marijuana delivery, and marijuana testing laboratory uses.

I. Zoning Applications and Review Procedures. Specific plans shall identify when a proposal requires zoning approval and refer to this Zoning Ordinance for applications, submittal requirements, and general review procedures, unless specific procedures are designated in a Specific Plan. If a Specific Plan requires approval of an application unaddressed in Chapter 17.16, the current procedures and applications within this Title shall apply.

SECTION 43. Subsections (A)‐(C)(3) of Section 17.56.040 of the San Clemente Municipal Code are hereby amended to read in their entirety as follows:

17.56.040 ‐ Planned Residential District (‐PRD) Overlay.

A. Purpose and Intent. The purpose of the Planned Residential District (‐PRD) Overlay is to provide flexible regulations in order to foster innovation, variety, amenities, and a sensitivity to the natural topography in residential development. The intent is to allow development to deviate from conventional residential standards to achieve higher quality rather than increased density.

B. Applicability. The provisions in this section apply to all areas with the Planned Residential District (‐ PRD) designation.

C. Adoption and Amendment of the Planned Residential Overlay District (‐PRD).

1. Adoption and amendment of the ‐PRD Overlay on any properties shall occur in accordance with the provisions described in Section 17.16.040, Zoning Amendments, of this title.

2. Adoption of the ‐PRD Overlay shall require the concurrent approval of a Tentative Map, if property is being subdivided according to the City's Subdivision Ordinance and concurrent 111
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approval of a Development Permit, (Section 17.16.100) or Cultural Heritage Permit (17.16.110).Site Plan Permit, in accordance with Section 17.16.050, Site Plan Permits and Minor Site Plan Permits, of this title, as well as the concurrent approval of a tentative map, if property is being subdivided, in accordance with the City's Subdivision Ordinance.

3. Prior to submitting an application for adoption of the ‐PRD Overlay, the applicant or prospective developer shall schedule a preapplication review conference with the City Planner. Please refer to Section 17.12.030, Preapplication Review, of this title for the general purpose and intent of preapplication review.

SECTION 44. Subsection (D) of section 17.56.020 of the San Clemente Municipal Code is hereby amended to read as follows:

D. Development Review. Development in areas with thiswithin the Architectural Overlay overlay designation will be subject to architectural review for compliance with the City's Design Guidelines.

See Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits for requirements regarding architectural review. may require approvals specified in Chapter 17.16, such as an Administrative Development Permit; Section 17.16.100, Development Permit; or Section 17.16.110, Cultural Heritage Permit for historic resources and landmarks on the City’s designated historic resources and landmarks list.

SECTION 45. Subsection (D)(6) of Section 17.56.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

6. Coastal Bluff and Canyon Preservation.
a. Landscaping. Landscaping in coastal canyon setback areas or the coastal bluff setback areas, as defined in the subsections above, shall be primarily composed of native plant species.

The removal of native plant species and the introduction of nonnative plant species in the canyons shall be discouraged. The use of native plant species in and adjacent to the canyons shall be encouraged.
b. Landscape thinning and clearing within Costal Canyons and Bluffs, including setback areas as defined in the subsections above, for areas located within 30 feet of any habitable structure or parking garage, shall be allowed when done in accordance with the following criteria:
i. Dead and dying plants, leaves and similar debris shall be removed. ii. Non‐native (also termed as ornamental or exotic) vegetation may be removed. iii. Vegetation located next to or under combustible structures shall be removed. iv. 30 feet shall be provided between the building and native (also defined as non‐ ornamental or non‐exotic), non‐irrigated vegetation, unless the vegetation is on a slope, in which case the native, non‐irrigated plants shall be trimmed and thinned while retaining root structures in place for slope and soil stability. Where root zone is not sufficiently established, to be determined by the City Engineer, alternative measures for slope and soil stability may be required, to the satisfaction of the City Engineer and Coastal Commission staff.
v. Best Management Practices (BMPs) must be utilized to prevent any discharge of soil, vegetation or other material to the storm drain system (including natural canyons, area 112
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drains, streets, gutters, catch basins, pipes, channels or receiving waters) in compliance with the municipal storm water permit issued by the San Diego Regional Water Quality Control Board, the city's local implementation plan and the Orange County Drainage area management plan.
c. Landscape thinning and clearing within Coastal Canyons and Bluffs, including setback areas as defined in the subsections above, for areas located within 100 feet of any habitable structure or parking garage, shall be allowed when done in accordance with the following criteria:
i. Dead and dying plants, leaves and similar debris shall be removed. ii. Non‐native (also termed as ornamental or exotic) vegetation may be removed. iii. Nominal trimming of native vegetation is allowed. In no case shall plants be trimmed down to the root stalk, unless in‐concept approved by the City Planner and approved by the California Coastal Commission.
iv. Best Management Practices (BMPs) must be utilized to prevent any discharge of soil, vegetation or other material to the storm drain system (including natural canyons, area drains, streets, gutters, catch basins, pipes, channels or receiving waters) in compliance with the municipal storm water permit issued by the San Diego Regional Water Quality Control Board, the city's local implementation plan and the Orange County Drainage area maintenance plan.
d. New landscaping and landscape modification, other than as described above, must be in‐ concept approved by the City Planner and reviewed and approved by the California Coastal Commission.
e. Subdivision. Any subdivision of property in or adjacent to coastal bluffs and/or coastal canyons shall be reviewed for consistency with the coastal bluff and canyon preservation policies. New parcels that do not have an adequate building site area to comply with the setback standards of these policies shall not be created. f. Review of Projects:
i. Projects Requiring Site Plan Reviewa Development Permit or Cultural Heritage Permit.

Review of all projects within the Coastal Zone requiring Site PlanDevelopment Permit, Cultural Heritage Permit, Review or Conditional Use Permit review shall include an assessment of the potential impact on natural habitat areas. Site plan review of all development projects located adjacent to parks and recreation areas shall include an evaluation of potential impacts on coastal bluffs and coastal canyons. ii. Mitigation measures identified during site plan review stages to limit a project's effect on the coastal bluff or coastal canyon environment shall be incorporated into final project design plans.
iii. Large‐Scale Projects. The analysis and evaluation of large‐scale development projects shall include a comprehensive inventory of biological resources. A determination should 113
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be made of the area's importance as a native habitat, including identification of rare or endangered species, or those species being considered to be listed asrare or endangered.

SECTION 46. Subsection (C)(3) of Section 17.56.080 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

3. Neighborhood Electric Vehicles. Parking for Neighborhood Electric Vehicles (NEV), as defined in Vehicle Code Section 385.5, may be applied toward the total required parking at a maximum of four percent and not more than eight spaces of the required number of parking spaces for a project through the approval of a Site Plan PermitDevelopment Permit or Cultural Heritage Permit. Additional NEV spaces can be provided however those spaces will not apply to the required parking. NEV spaces shall be located in areas of parking lots that cannot accommodate a standard parking space, unless the required number of standard spaces has been satisfied.

SECTION 47. Subsection (D) of Section 17.56.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

D. Review Requirements. Affordable housing projects are a permitted use in the [AH] Overlay. Refer to use tables in Sections 17.36.030 (Commercial Zone Uses) and 17.40.030 (Mixed‐Use Zone Uses).

Affordable housing projects in commercial and mixed‐use zones require the approval of a Development Permit (Section 17.16.100); or a Cultural Heritage Permit (Section 17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarkslist.either a Cultural Heritage Permit or Architectural Permit per Section 17.16.100, . Additionally, dDepending on the project, other discretionary processes may apply per in compliance with Chapter 17.16.

SECTION 48. Subsection (D)(7) of Section 17.56.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

D. Emergency Shelter Development Standards.

7. Architectural Review. Emergency Sheltersshall comply with the City's Design Guidelines, Specific Plans, and the Zoning Ordinance regarding architectural and development standards to ensure shelters are compatible with their surroundings, provide adequate privacy between uses, and minimize potential impacts of the proposed shelter on adjacent uses.

The process to review emergency shelter compliance with these requirements shall be a ministerial review that shall be considered at the time of building permit review or business license review, which everwhichever comes first. Emergency shelters shall be exempt from all discretionary review processes including Site Plan Permit (Zoning Ordinance Section 17.16.070) and Architectural Permit (Zoning Ordinance Section 17.16.100) in accordance compliance with State law.

SECTION 49. Section 17.64.110 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
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17.64.110 Off‐Site Parking.

Where permitted by this chapter, parking required for nonresidential uses may be provided off‐ site, within 31,000 feet of a use, through the execution of a legal document. The document shall comply with the following restrictions:

A. The agreement shall restrict the use of the land on which the off‐site parking is located for the duration of the use for which that parking is provided; B. The agreement shall be executed by the owner of the property on which the parking is located.

Only the property owner may enter into these agreements; and C. The agreement shall be submitted for the review and approval of the City Attorney; and D. Following its approval of a Minor Conditional Use Permit pursuant to Section 17.16.0760, the agreement shall be recorded by the applicant and a copy furnished to the Community Development Department when applying for a permit, for inclusion in any related discretionary application files and the Building Division address files.

SECTION 50. Subsection (A) of Section 17.64.120 of the San Clemente Municipal Code is hereby amended to read as follows:

17.64.120 Shared Parking.

In all nonresidential and mixed‐use zones, private parking facilities may be shared by multiple uses whose activities are not normally conducted during the same hours, or when hours of peak use vary.

The applicant shall have the burden of proof for a reduction in the total number of required off‐street parking spaces.

A. Review Requirements.

1. Existing Buildings with Change of Use [Except a Change to a Mixed Use (Residential/Commercial on the Same Site)]. Shared parking may be granted through the approval of a Minor Conditional Use Permit, in accordance compliance with Section

17.16.070, Minor Conditional Use Permits, of this title, subject to the requirements and findings in subsections (B) and (C) of this section.

2. New Mixed Use (Residential/Commercial on Same Site) Buildings. Shared parking may be granted through the approval of a Minor Conditional Use Permit, in complianceaccordance with Section 17.16.060070, Minor Conditional Use Permits, of this title, subject to the requirements and findings in sub sections (B) and (C) of this section.

3. All Other Projects. Shared parking may be granted through the approval of a Conditional Use Permit, in accordance compliance with Section 17.16.060070, Minor Conditional Use Permits, of this title, subject to the requirements and findings in subsections (B) and (C) of this section.

SECTION 51. Subsections (B)(2) and (B)(3) of Section 17.72.030 of the San Clemente Municipal Code are hereby amended to read in its entirety as follows:

B. Exemptions.
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2.   Nonconforming Structures. The following structures are exempt from nonconforming structure regulations in this Chapter:
a.   Structures that comply with all zoning requirements except landscape standards. b.     Single‐family dwellings constructed with a single‐car garage or carport (“parking structure”) in residential zones prior to April 4, 1962 are exempt from being a Nonconforming Structure due to insufficient parking, except when a project removes or alters the single‐family dwelling’s structural frame in 50 percent or greater of the structure’s exterior walls, as described in Section 17.72.050(E). Then, the residence and parking structure shall be made to comply zoning requirements as described in this Chapter.
c.   In‐the‐bank garages located in residential zones which do not comply with front yard setback regulations.
d.   National, state or locally designated historic structures may be exempted from this Chapter with the approval of a Cultural Heritage Permit per Tablein compliance with Section 17.16.100B.

3.   Nonconforming   Nonconforming Uses. The following land uses are exempt from nonconforming use regulations in this Chapter:
a.   Multiple‐family dwellings constructed in the Residential Low Density zoning district prior to April 4, 1962.
b.   Service stations and vehicle service and repair‐related facilities are exempt, provided the uses were lawfully established on or before February 4, 2014 (adoption date of General Plan), the uses have not been discontinued more than 365 consecutive calendar days, and the uses meet any of the criteria below:
i.   The service station or vehicle service repair‐related use is on property fronting El Camino Real, or fronting other arterial streets defined in Section 17.88.030, or ii.   The service station use is located on property in gateway areas (identified in the General Plan Urban Design Element) abutting Interstate‐5 off‐ramps and intersections.
c.   Nonconforming uses associated with the historical significance of national, state or locally designated historic structures may be exempted from this Chapter with the approval of a Cultural Heritage Permit per Tablein compliance with Section

17.16.100110.B.
d. Mobilehome Parks in compliance with any applicable Conditional Use Permit shall be exempt from all provisions of Chapter 17.72, except as provided in SCMC Subsection

17.72.060.E.

SECTION 52. Subsection (B) of Section 17.72.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

B. Code compliance of projects. Projects shall The expansion and alteration of nonconforming structures shall not make structures and uses more nonconforming comply with development standards, unless exceptions are granted with the approval of a Minor Exception Permit, Variance, or other provision in this Title..
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SECTION 53. Subsection (A) of Section 17.72.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.72.050(A), Repair, Alteration, and Expansion of Nonconforming Structures, Applicability of other review procedures.

A. Applicability of other review procedures. Section 17.16.050 (Site Plan Permits and Minor Site Plan Permits) or Section 17.16.100 (Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits) may apply to projects that change Nonconforming Structures This Title may require approval of permits to allow the modification of nonconforming structures according to Chapter 17.16 . These permits may be required to ensure site plans and architecture are reviewed through a discretionary process, where applicableprojects are consistent with the General Plan, Design Guidelines, and regulations.

SECTION 54. Subsection (I)(2)(a)(i) of Section 17.72.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.72.050(I)(2)(a), Nonconforming structures, 50 percent or greater additions a. Nonconforming status shall be terminated. Nonconforming Buildings expanded by 50 percent or greater shall be made to conform to zoning requirements, except as follows:
i. Exception forsingle‐family dwellingslessthan 1,400 square feet. Nonconforming single‐family dwellings, smaller than 1,400 square feet, may be expanded to a maximum of 2,100 square feet and continue to be nonconforming if they are expanded to a maximum of 2,100 square feet with the approval of a Development Permit (Section 17.16.100) or a Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City’s designated historic resources and landmarks list.provided that a Minor Architectural Permit or Minor Cultural Heritage Permit is approved in compliance with Section 17.16.100. The Design Review Subcommittee shall review projects, prior to a Zoning Administrator hearing, to ensure additions are in character with a neighborhood and are consistent with the City's Design Guidelines.

SECTION 55. The rows for “Banner Signs” and “Grand Opening Signs” in Table 17.84.030A in Section

17.87.030 of the San Clemente Municipal Code are hereby amended to read in their entirety as follows:

Table 17.84.030A, Matrix of Sign Types, Banner Signs and Grand Opening Signs Table 17.84.030A, Matrix of Sign Types
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Banner
Signs
One per
business
64 sq. ft. — Temporary
BannerAdm. Sign
Permit
See Section

17.84.030(H) for
criteria
Grand
Opening
Signs
1 per site 4 sq. ft. — Temp. BannerAdm.

Sign Permit
Will not count
toward banner
allowance during
calendar year.
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May be displayed
for a maximum of
30 days.

The application
for a Temp.

Banner Permit
must accompany
a new business
license
application or
new certificate of
occupancy.

SECTION 56. Subsection (H)(1) of Section 17.84.030 of the San Clemente Municipal Code is hereby amended to read as follows:

H. Temporary Banner Signs. Temporary Banner Signs shall be allowed for businesses city‐wide, excluding home‐occupations.

1. Temporary Banner Sign Criteria.
a. Each business shall be permitted a maximum of one temporary banner sign per business at any given time.
b. The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance.
c. The temporary banner sign shall be placed on‐site and flush on the building. These banners are prohibited in the following locations: city right‐of‐way, free‐standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free‐hanging and all corners of the banner shall be secured to the building.
d. Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material.
e. The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy. f. Each business may have up to four banner permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days. Renewals of banner permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. A minimum of 14 days between permits is required, except upon renewal of an existing banner permit. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or in‐lieu of permanent signs for the business.
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SECTION 57. Section 17.16.150 of the San Clemente Municipal Code is hereby amended to read as follows:

17.16.150 ‐ Temporary Use Permits.

A. Purpose and Intent . The purpose of the Temporary Use Permit processisto provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.300, Temporary Uses and Structures, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of temporary use is restored to its condition prior to establishment of the use.

B. Authority . The table below describes the authority on Temporary Use Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action. City Planner is the final authority on Temporary Use Permits. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A
Review Requirements for Temporary Use Permits
Threshold for review City Planner
Discretionary – Zoning
Administrator
Temporary Uses and Structures Not Specified X
Annual and Seasonal Holiday Sales X
Temporary Construction Project Uses and
Structures
X
Model Home Complexes and Sales Offices X
Temporary Outdoor Displays X
Other Temporary Fencing for Security and
Screening
X
Special Activities:

Parking Lot Sales X
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Threshold for review City Planner
Discretionary – Zoning
Administrator
Residential uses when providing shuttle/valet
services
X
Commercial or Non‐commercial Special
Activities and non‐residential shuttle/valet
services:

Up to 2 consecutive days X
Three or more consecutive days and not to
exceed 15 consecutive days
X
C. Applicability . The provisions of this section shall apply to all temporary uses and structures requiring the approval of a Temporary Use Permit, as required in Section 17.28.300, Temporary Uses and Structures.

D. Submittal Requirements . Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Review Procedures. The City Plannershall approve, conditionally approve, or deny the application, Temporary Uses and Structures, within 15 days following receipt of a completed application. If an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Planning Commission meeting as a New Businessitem. The Planning Commission shall approve, approve with modifications, or deny the Temporary Use Permit. Following the receipt of a complete application, the Review Authority, identified in Table 17.16.155A, shall review a Temporary Use Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings pursuant to 17.16.150(G), Required Findings.

1. If the City Planner is the review authority and an application is not acted upon within 30 days, the application shall be put on the next available agenda for the nexta regularly scheduled Zoning Administrator meeting as a New Business Item.

2. A public hearing and notification is required when the review authority is the Zoning Administrator. The Zoning Administrator then shall approve, approve with modifications and/or conditions, or deny the Temporary Use Permit.

F. Conditions . Please refer to Section 17.28.300(JH), Conditions, for a list of potential conditions of approval for temporary uses.

G. Required Findings. Prior to the approval of an application for a Temporary Use Permit, all of the following findings shall be made:

1. City Planner Decisions. For administrative approval of a Temporary Use Permit, the City Planner shall find the application complies with the Zoning Code (Municipal Code Title 17). 120
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2. Zoning Administrator Decisions. For discretionary approval of a Temporary Use Permit, the Zoning Administrator shall find all of the following:.
a. The proposed use is permitted within the subject zone pursuant to the approval of a Temporary Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed; and.
b. The site is suitable for the type and intensity of use that is proposed; and. c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and. d. The proposed use will not negatively impact surrounding land uses.

H. Appeals . An appeal of the decision on a Temporary Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

I. Modifications Requested by the Applicant . Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Modifications and/or Revocations Initiated by the City . The City may take code enforcement actionmake changes or revoke the approval of applications when conditions of approval are violated, or it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information, including but not limited to making changes to conditions of approvals or require activities to cease. If the City finds the application contained incorrect, false, or misleading information, the City may revoke the approval of applications Refer to Section 17.12.175 for related procedures and required findings. If issues arise from a permitted special activity, the Review Authority may considersuch issues as part of the administrative record for decisions on future special activity requests.

K. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L. Approval Runs with the Land . The approval of applicant/location permitsshall run with the land, and shall continue to be valid for the specific dates of the approved use or activity upon a change of ownership of the site to which it applies.

SECTION 58. Section 17.28.300 of the San Clemente Municipal Code is hereby amended to read as follows:

17.28.300 ‐ Temporary Uses and Structures.

A. Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature on private property which may adversely aeffect the public health, safety and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses, and land owners, and to minimize any adverse effects on surrounding properties and the environment.

B. Applicability. This section shall apply to the temporary uses and structures on private property described in subsections (D) through (IG) of this section. All other temporary uses and structures not 121
Redline Zoning Amendments Page 94
deemed similar by the City Plannershall be prohibited on private property., exceptfor those provided for through Special Events Permits. For temporary uses and activities allowed on public or private property through Special Events Permits, please refer to SCMC 12.34 and contact the City's Beaches, Parks and Recreation Department regarding the application process and fees for Special Events Permits.

C. Review Requirements. The review procedures for the temporary uses and structures allowed by this section are specified for each use in subsections (D) through (IG) of this section.

D. Annual and Seasonal HolidayChristmas Tree and Pumpkin SalesSales Lots. Annual and Seasonal Holiday Sales, including Christmas trees, pumpkins, or temporary uses of a similar nature as determined by the City Planner, Christmas tree and/or pumpkin sales lots shall be permitted, subject to the following regulations:

1. Elimination of Parking. Areas used for pumpkin or Christmas treeAnnual and Seasonal Holiday Salessalesshall not eliminate or decrease the number ofrequired parking spacesforthe primary use on the site, if there is one, or for any other site.

2. Lighting. All lighting shall be directed away from and shielded from adjacent residential areas.

3. Location. Annual and Pumpkin and Christmas treeSeasonal Holiday Ssales shall be permitted forin any nonresidential usezone in the City, and on all church sites and school sites and on vacant residential property abutting arterial highways.

4. Merchandise. Annual and Seasonal Holiday SalesA pumpkin or Christmas tree sales lot shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales is associated.

5. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

56. Review Requirements. Christmastree or pumpkin saleslotsAnnual and Seasonal Holiday Sales shall be permitted without benefit of a Discretionary Permit from the Planning Division, provided the standards of this section are met.

67. Signs. The total temporary signage on the site shall be limited to an aggregate sign area of one times the linear frontage of longest street frontage of the lot. No sign shall exceed 64 square feet. No prohibited signs, as defined in Chapter 17.84, Sign Regulations, shall be allowed.

78. Outdoor Storage. Temporary outdoor storage containers or trailers ancillary to the permitted use are permitted for the storage of merchandise and other materials necessary for the display of Annual and Seasonal Holiday Sales items with review and approval by the City’s Building, Planning, and Engineering Divisions.

8. Time Limits. Pumpkin and Christmas tree salesAnnual and Seasonal Holiday Sales lots shall be limited to 5545 days of operation per calendar year.

E. Temporary Construction Project Uses and Structures . Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project shall be conditionally permitted, subject to the following regulations:

1. Expiration of Permits. Any permit issued pursuant to this section in conjunction with a construction projectshall become invalid upon cancellation or completion of the Building Permit 122
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for which the use has been approved, or the expiration of the time for which the approval has been granted.

2. Review Requirements. Construction offices,security quarters,storage yards, large containers, temporary fencing and similar structures on the site of an active construction project shall require the approval of Temporary Uses Permit in accordance with Section 17.16.150, Temporary Use Permits, of this title.

F. Model Home Complexes and Sales Offices . Model home complexes and sales offices shall be conditionally permitted solely for the first sale of homes within a recorded tract or condominium subdivision, subject to the following regulations:

1. Location. The model home complex and/or sales office shall be located on the same or adjacent premises as the subdivision or building project.

2. Expiration of Permits. Permits are valid for one calendar year from the permit approval date, or six months after 90 percent or greater of homes are sold, whichever is sooner. The City Planner may approve 180 day time extensions. A maximum of two time extensions may be approved. To receive a time extension, a written request shall be submitted before the expiration date and state justified reasons for delays. For approval, the City Planner must meet required findings for a Temporary Use Permit. When a permit expires, the applicant may submit a new application and fees to request a Temporary Use Permit to maintain a model home complex and sales office use and improvements.

3. Review Requirements. A Temporary Use Permit is required to allow model home complexes and/or sales offices for the sale of homes in any subdivision containing five or more units.

4. Use. The sales office shall be used only for transactions involving the sale, rent or lease of lots or units within the tract or condominium subdivision.

5. Other Issues for Consideration. The decision‐making body responsible for reviewing the application for a model home complex and/or sales office shall consider the hours of operation, lighting, landscaping, signage, and any other factors that may affect the model home complexes maintenance and impacts on the surrounding area and shall condition the project accordingly.

Please refer to Subsection (JH), Conditions, of this section.

6. Site Restoration Required. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of the Zoning Ordinance. The City may require a bond to ensure this requirement is met.

G.   Temporary Outdoor Displays. Parking Lot Sales/Temporary Outdoor Display. 1.   Temporary Outdoor Displays for Grocery Stores. The temporary outdoor display of merchandise for grocery stores shall be permitted, subject to the following regulations. 1a. Authorization. Written authorization for the sale/display shall be obtained from the property owner.
2b. Hazards. The activity shall not present a hazard to pedestrians or encroach on a required building exit. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
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3c. Location. Merchandise   cannot be displayed in required parking spaces for a business.

MGerchandise oods must be displayed along the front entrance of the store. Goods cannot be displayed in required parking spaces for a store. (Refer to section I, Special Activities, for considerations of parking lot sales.)
4d. Merchandise. Only goods and materials associated with pre‐existing, indoor primary uses may be displayed and sold. The displayed item(s) shall not have advertisements or other signs attached. Where there is ambiguity, the Code Compliance Manager or designee shall decide. 5e. Parking. Adequate parking shall be provided and maintained during the course of the activity. 6f. Public Property. No item, or any portion thereof, shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.
7g. Review Requirements. The temporary outdoor display of merchandise, including at grocery stores,goods at a grocery store shall be permitted without benefit of a Discretionary Temporary Use Permit from the Planning Division, provided the standards of thissection are met. Temporary outdoor display of merchandise not specified in this section, shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits. 8h. Time Limits. The temporary outdoor display of goods at a businessgrocery store shall only be displayed during the businessoperating hours of the business displaying merchandise and shall be brought indoors after the closing of the business each day.not be subject to any time limits, provided the standards of this section are met.
9i. Vehicle Ingress and Egress. Safe vehicle ingress and egress shall be provided at all times. j. Other Requirements.
i. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building, interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
ii. The site shall be maintained free of debris, litter, and upon completion or removal of the temporary use shall thereafter be used pursuant to the provisions of this Zoning Ordinance.

2.   Temporary Outdoor Displays (Other than Grocery Store Displays and Parking Lot Sales) is allowed provided that all of the following standards are met:
a.   Authorization. Written authorization for the sale/display shall be obtained from the property owner.
b.   Hazards. The activity shall not present a hazard to pedestrians or encroach on a required building exit. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
c.   Merchandise. Only goods and materials associated with the business's pre‐existing, indoor primary uses may be displayed and sold. Only one item of merchandise shall be displayed at 124
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any time. The displayed item shall not have any sales tag, prices, advertisements or other signs attached. Where there is ambiguity, the Code Compliance Manager or designee shall decide. d.   Parking. Adequate parking shall be provided and maintained during the course of the activity. e.   Public Property. No item, or any portion thereof, shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.
f.   Review Requirements. The general temporary outdoor display of merchandise is permitted. g.   Time Limits. All merchandise shall only be displayed during the business hours of the business displaying merchandise and shall be brought indoors after the closing of the business each day. h.   Vehicle Ingress and Egress. Safe vehicle ingress and egress shall be provided at all times.

3.   All Other Temporary Outdoor Display/All Parking Lot Sales. Parking lot sales and/or all other temporary outdoor display of merchandise shall be conditionally permitted, subject to the following regulations:
a.   Authorization. Written authorization for the sale/display shall be obtained from the property owner.
b.   Hazards. The activity shall not present a hazard to pedestrians or encroach on a required building exit.
c.   Merchandise. Only goods and materials associated with pre‐existing, indoor primary uses may be displayed and sold.
d.   Parking. Adequate parking shall be provided and maintained during the course of the activity. e.   Public Property. No item, or any portion thereof, shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.
f.   Review Requirements. Parking lot sales and/or the temporary outdoor display of merchandise, shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits.
g.   Time Limits. Parking lot sales and/or outdoor display may not exceed three days during any three‐month period.
h.   Vehicle Ingress and Egress. Safe vehicle ingress and egress shall be provided at all times. i.   Other Requirements.
i.   No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
ii.   Refer to conditions to be considered in Subsection (H), Conditions, in this section. iii.   Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

H. I. Other Temporary Fencing for Security and Screening. Temporary fencing, other than what is required for active construction projects, is allowed for the purpose of providing security and screening to ensure the health, safety and welfare of the community at the discretion of the City Planner, subject to the following regulations.
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1. Review Requirements. Temporary fencing and similar structures erected higher than 42 inches and up to six feet in height shall require the approval of a Minor Architectural Permit/Minor Cultural Heritage Permit in accordance with Section 17.16.100, Architectural Permits/Cultural Heritage Permits and Minor Architectural Permits/Minor Cultural Heritage PermitsTemporary Use Permit.

2. Expiration of Permits. Any permit issued pursuant to this section shall become invalid upon the expiration of an approved permit for which the use has been approved.

3. Minimum Standards. Temporary fencing and similar structures shall not be chain link. Acceptable materials are more permanent in nature and include wrought iron, wood, or similar material and must be compatible with the existing style of surrounding development. Temporary fences and similar structuresshall be maintained in good condition with no unintentionalrips/tears(except for minimization of wind effects), fading, or general disrepair. Maintenance shall not become so defective, unsightly, or in such condition of deterioration or disrepair to create a public nuisance as set forth in Section 5.82.030.

I. Special Activities. A Special Activity is defined as any activity on private property (commercial or non‐ commercial) within any zoning district which temporarily intensifiesthe impacts(i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e. sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Special Activities typically include, but are not limited to, art shows, open houses, grand openings, circus/carnivals, food truck and/or music festivals, promotion, entertainment, firework displays, tent sales, farmers markets selling produce such as strawberries and similar goods, and activities providing shuttle or valet services. I.

1. Commercial or Non‐Commercial Special Activities. (may include art shows, open house, or similar event). Commercial or non‐commercial Special Aactivities shall be permitted, subject to the following regulations:
a. 1. Location. Commercial or non‐commercial activities Special Activities shall be permitted in any commercial/mixed‐use and business park/industrial zone nonresidential zoning district in the city, except on publicly owned land.
b. 2. Number of Occurrences. Commercial or non‐commercial Commercial or non‐ commercial activitiesSpecial Activities shall be limited to a maximum occurrence of 15 days during a calendar year and no more than 15 consecutive days for one property with a minimum of 5 days between commercial Special Activities on the same site. b.c.Notification Requirements. Special Activities proposed for non‐residential uses located in residential or mixed use zoning districts shall require mailing notifications to all property owners within 300 foot radius from the exterior boundaries of the subject property. The applicant shall provide notification materials as part of an application. c. 3. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance. d. 4. Review Requirements. Commercial or non‐commercial Special Aactivities shall require the approval of a Temporary UseSpecial Activities Permit, in accordance with Section

17.16.1505, Temporary UseSpecial Activities Permits, of this title. 126
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2.   J.      Special Activities Providing Valet Parking and/or Shuttle Service. Special Aactivities providing valet parking and/or shuttle service shall be permitted, subject to the following regulations:
a. 1.   Location. Special Aactivities providing valet parking and/or shuttle service shall be permitted upon approval of a Temporary Use Permit in any nonresidential zoning districtcommercial/mixed‐use and business park/industrial zone in the city, except publicly owned landon City property which is subject to the Special Events Permits process referenced in SCMC 12.3412.34 and as implemented by the Beaches, Parks, and Recreation Department.
b. 2.   Number of Occurrences. Special Aactivities providing valet parking and/or shuttle service shall be limited to a maximum occurrence of 15 days during a calendar year with a minimum of 5 days between Special Activities on the same site. c. 3.   Parking. Public parking shall not be negatively impacted. c.d.Notification Requirements. Special Activities proposing shuttle or valet services on residential and non‐residential properties require mailing notifications to all property owners within 300 foot radius measured from the exterior boundaries of the subject property.
d. 4.   Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance. e. 5.   Review Requirements. Special Aactivities providing valet parking and/or shuttle service shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits, of this title.

3. Parking Lot Sales. Special Activities proposing the sale of merchandise by a business in its on‐ site parking lot shall be permitted, subject to the following regulations:
a. Authorization. Written authorization for the sale/display shall be obtained from the property owner.
b. Number of Occurrences. Parking Lot Sales shall be limited to a maximum occurrence of 15 days during a calendar year with a minimum of 5 days between Special Activities on the same site.
c. Hazards. The activity shall not present a hazard to pedestrians or encroach on a required building exit. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance. d. Merchandise. Only goods and materials associated with pre‐existing, indoor primary uses may be displayed and sold.
e. Parking. Adequate parking shall be provided and maintained during the course of the activity. f. Public Property. No item, or any portion thereof,shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.
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g. Review Requirements. Parking Lot Sales shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits, of this title.Special Activities Permit, in accordance with Section 17.16.155, Special Activities Permits, of this title.

J. Conditions. As specified in Subsection (C), Review Requirements, of this section, a number of different permits are required for temporary uses and structure. In approving a Temporary Use Permit, any of the required discretionary applications for a temporary use or structure, the review authority shallmay impose conditions deemed necessary to ensure that the permit will be in accordance with the standards prescribed in thissection and the findingsrequired forthe Discretionary Permit.permit.

These conditions may include, but are not limited to:

1. Regulation of operating hours and days;

2. Provision for temporary parking facilities, including vehicular ingress and egress;

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities;

6. Provision for solid, hazardous and toxic waste collection and disposal;

7. Provision for security and safety measures;

8. Regulation of signs;

9. Submission of a performance bond or other surety devices, satisfactory to the review authority, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of the Zoning Ordinance. The City may require a bond to ensure this requirement is met.

11. If alcoholic beverages are available in conjunction with a Special Activity, signs shall be placed at each exit with the text, “No alcohol beyond this point.” Each sign shall be no smaller than one square foot;

12. The proposed sale and/or service of alcohol at a Special Activity within non‐residential uses requires the applicant to obtain a liquor license issued by the California Department of Alcoholic Beverage Control (“ABC Office”);

13. Any other conditions which will ensure the operation of the proposed temporary use operates in an orderly and efficient manner and in accordance with the intent and purpose of thissection.

17.16.155 ‐ Special Activities Permits.
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A. Purpose and Intent . The purpose of the Special Activities Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.295, Special Activities, of this title, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for special activities are specified and complied with, and that the site of special activity is restored to its condition existing prior to establishment of the activity.

B. Authority . The table below describes the authority on Special Activities Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section

17.12.140, Appeals of an Action. The Community Development Director and Zoning Administrator have the discretion to refer applications to the Planning Commission for review and final action. When an application is referred, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A
Review Requirements for Applicable Special Activities in Non‐Residential Zones Threshold for review—
Number of days
the special activity
will occur during
a calendar year
Discretionary—
Community
Development
Director
Discretionary—
Zoning
Administrator
Discretionary—
Planning
Commission
One day:   X
With beer and wine consumption   X
With hard alcohol consumption   X
Two or more days and not to
exceed 15 days:   X
With beer and wine consumption   X
With hard alcohol consumption      X

C. Applicability . The provisions of this section shall apply to all special activities on private property requiring the approval of a Special Activities Permit, as required in Section 17.28.295, Special Activities.

1.   Non‐residential Zones. A Special Activity is defined as any activity on private property (commercial or non‐ commercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within non‐ residential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.
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D.   Submittal Requirements. Please referto the submittalrequirementsin Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Review Procedures . Following the receipt of a complete application, the review authority, identified in Table

17.16.155A, shall review a Special Activities Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings below. A public hearing and notification is required when the review authority isthe Zoning Administrator or Planning Commission. If the Community Development Director is the review authority and an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Planning Commission meeting as a New Business item. The Planning Commission then shall approve, approve with modifications, or deny the application.

F. Conditions . Please refer to Section 17.28.295F., Conditions, for a list of potential conditions of approval for temporary uses.

G. Required Findings . Prior to the approval of an application for a Special Activities Permit, the following findings shall be made:

1. The proposed use is permitted within the subject zone pursuant to the approval of a Special Activities Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

2. The site is suitable for the type and intensity of use that is proposed.

3. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

4. The proposed use will not negatively impact surrounding land uses.

H. Appeals . An appeal of the decision on a Special Activities Permit shall be reviewed in accordance with Section

17.12.140, Appeals of an Action.

I. Modifications Requested by the Applicant . Modifications requested by the applicant to approved Special Activities Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Modifications and/or Revocations Initiated by the City . The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. When a Special Activities Permit has been revoked, another Special Activities Permit shall not be issued to the same location within one calendar year of the date of revocation.

K. Other Review Requirements . Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L. Approval Runs with the Land . The approval of applicant/location permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

17.28.295 ‐ Special Activities.

A. Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature on private property which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses, and land owners, and to minimize any adverse effects on surrounding properties and the environment.

B. Applicability. This section shall apply to the special activities on private property described in (1) and (2) below and subsections(D), and/or (E) of thissection. All otherspecial activities not deemed similar by the City Planner 130
Redline Zoning Amendments Page 103
shall be prohibited on private property, except for those provided for through Special Events Permits. For special activities allowed on public or private property through Special Events Permits, please refer to the City's Beaches, Parks and Recreation Department.

1. Non‐Residential Zones. A Special Activity is defined as any activity on private property (commercial or non‐ commercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within non‐ residential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.

C. Review Requirements. The review procedures for the temporary uses and structures allowed by this section are specified for each use in subsections (D), and/or (E) of this section.

D. Commercial or Non‐Commercial Special Activities (may include art shows, open house, or similar event).

Commercial or non‐commercial activities shall be permitted, subject to the following regulations:

1. Location. Commercial or non‐commercial activities shall be permitted in any commercial/mixed‐use and business park/industrial zone in the city.

2. Number of Occurrences. Commercial or non‐commercial activities shall be limited to 15 days during a calendar year.

3. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

4. Review Requirements. Commercial or non‐commercial activities shall require the approval of a Special Activities Permit, in accordance with Section 17.16.155, Special Activities Permits, of this title.

E. Special Activities Providing Valet Parking and/or Shuttle Service. Special activities providing valet parking and/or shuttle service shall be permitted, subject to the following regulations:

1. Location. Special activities providing valet parking and/or shuttle service shall be permitted in any commercial/mixed‐use and business park/industrial zone in the city.

2. Number of Occurrences. Special activities providing valet parking and/or shuttle service shall be limited to 15 days during a calendar year.

3. Parking. Public parking shall not be negatively impacted.

4. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

5. Review Requirements. Special activities providing valet parking and/or shuttle service shall require the approval of a Special Activities Permit, in accordance with Section 17.16.155, Special Activities Permits, of this title.

F. Conditions. As specified in Subsection (C), Review Requirements, of this section, a number of different permits are required for special activities. In approving any of the required discretionary applications for special activities, the review authority may impose conditions deemed necessary to ensure that the permit will be in accordance with the standards prescribed in thissection and the findingsrequired for the Discretionary Permit.

These conditions may include, but are not limited to:

1. Regulation of operating hours and days;

2. Provision for temporary parking facilities, including vehicular ingress and egress; 131
Redline Zoning Amendments Page 104

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities;

6. Provision for solid, hazardous and toxic waste collection and disposal;

7. Provision for security and safety measures;

8. Regulation of signs;

9. Submission of a deposit or other surety devices, satisfactory to the review authority, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10. If alcoholic beverages are available in conjunction with the Special Activity, signs shall be placed at each exit that say, "No alcohol beyond this point." Each sign shall be no smaller than one square foot;

11. Any other conditions which will ensure the operation of the proposed special activity in an orderly and efficient manner and in accordance with the intent and purpose of this section. 132
ATTACHMENT 3
ORDINANCE NO. 1759

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING ZONING
AMENDMENT 22-366 AMENDING CERTAIN SECTIONS
AND TABLES OF TITLE 17 (ZONING) OF THE SAN

CLEMENTE MUNICIPAL CODE TO CLARIFY,

STREAMLINE, AND CONSOLIDATE PERMIT

PROCEDURES, WHILE MAINTAINING ADEQUATE

REVIEW OF PROPOSALS THAT ARE REGULARLY

WITHOUT SIGNIFICANT IMPACTS AND PUBLIC

CONCERNS
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251;
C. On December 17, 2019, the San Clemente City Council adopted GPA 19- 291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”); and
D. On October 18, 2022, the City Council adopted GPA 21-238, SPA 21-239, ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241, and approved EIR Addendum No. 4 (the “2022 Addendum”).

WHEREAS, on July 19, 2022, the City Council initiated Zoning Amendment 22- 366 (the “Project”) to Title 17 (Zoning) of the San Clemente Municipal Code to:
133
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 preservation, and other planning issues. Therefore, the amendments maintain a focus on ensuring projects implement community goals and policies for quality of a 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” that:

1. Establishes criteria for review of administrative applications. These changes add objective general and project-specific standards (e.g., projects that won’t affect character-defining 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. Projects that don’t meet criteria would require a public hearing. Also, the City Planner would continue to have the authority to refer applications to a public hearing if determining a proposal has potential for significant public concern or impacts; and

2. Lists specific types of projects that would be eligible for staff approval, replacing the broader categories of projects staff can currently review.

D. Streamline the level of review required to approval several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown the projects have not had issues of significant public concerns or impacts to prompt a higher level of public review. The proposed streamlining is described in Attachment 2 of the administrative staff report.

The streamlining includes: 1) reducing the level of hearing required, such as changing the review authority for a project type from a Planning Commission decision to Zoning Administrator review; and 2) in three limited instances, the proposed amendments change the decision process from a discretionary 134
public hearing decision to a staff level ministerial process with required approval of an Administrative Development Permit.

WHEREAS, this Ordinance (the “Ordinance”) amends various provisions within Title 17 of the San Clemente Municipal Code (“SCMC”) to effectuate the Project and the Council’s directives on the same; and
WHEREAS, the City, as Lead Agency, conducted an environmental review of the proposed SCMC amendments for compliance with the CEQA and the State CEQA Guidelines. The amendments do not constitute a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5) (Cal. Code Regs., Title 14, §§ 15378(b)(2) and 15378(b)(5)) because the amendments involve continuing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and WHEREAS, on January 18, 2023, the Planning Commission held a duly noticed public hearing on the Project, considered evidence presented by City staff and comments from other interested parties, and continued the hearing on March 8, March 22, and April 19, 2023; and
WHEREAS, on June 7, 2023, the Planning Commission held a continued duly noticed public hearing on the attached Ordinance, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council; and
WHEREAS, on September 5, 2023, the City Council held a duly noticed public hearing, considered evidence presented by City staff including the Ordinance and exhibits attached thereto, heard other interested parties; and continued the public hearing to the September 19, 2023 hearing; and
WHEREAS, on September 19, 2023, the City Council held a continued public hearing, considered additional evidence; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this Ordinance.
135
Section 2. Zoning Amendment Findings.

With respect to ZA 22-366, the City Council finds the following with respect to the amendments to the Zoning Ordinance:

A. The amendments are consistent with the General Plan, in that:

1. The amendments improve the effectiveness of processes that directly implement goals and policies Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter) pursuant to Government Code Section 65860(c); and

2. The zoning amendments clarify, consolidate, and streamline permits procedures and improve the effectiveness of regulations, making the City’s review process more understandable, predictable, and timely; appropriate to the level of public concern, potential impacts, and nature of projects proposed to implement the General Plan, consistent with Governance Element Policy G-1.01, Effective Governance, “We practice effective governance by adhering to a planning, budgeting, and implementation process which is publicly accessible, understandable, predictable and timely.” B. The zoning amendments adopting the use provisions and development criteria as proposed will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the City Council’s review, direction, and independent judgement regarding land use.

Section 3. SCMC Code Amendments. Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended and replaced in full to read as set forth in Exhibit “A1,” attached hereto and incorporated herein fully by reference.

Section 4. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.

Section 5. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.
136
APPROVED, ADOPTED AND SIGNED this ______ day of September, 2023.

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

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. 1756 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
137
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
138
Zoning Amendments EXHIBIT A
SECTION 1. Section 17.12.020 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.020 Review Authorities.

This section identifies the review authorities responsible for making decisions on applications required by the Zoning Ordinance.

A. City Council. Refer to Chapter 2.04 for a description of the City Council's function, duties, and powers.

B. Planning Commission. Refer to Chapter 2.32 for a description of the Planning Commission's function, duties, and powers.

C. Zoning Administrator. Refer to Chapter 2.34 for a description of the Zoning Administrator's function, duties, and powers.

D. The Planning Division. The Planning Division is responsible for the administration of the Zoning Ordinance, including the following functions:
a. Application Process. The Planning Division shall process applications consistent with goals and policies in the General Plan and the Zoning Ordinance. If a project is located in a Specific Plan area, then applications shall also be processed consistent with the Specific Plan.
b. Public Information. The Planning Division shall have the responsibility to provide information to the public on provisions and requirements of the Zoning Ordinance. c. Coordination. The Planning Division shall be responsible for coordinating matters related to the administration of this title with other agencies, City departments and divisions, and City boards and commissions. The Planning Division participates in the Development Management Team (DMT), which is a group of City staff from various departments and staff from other agencies (e.g., the Orange County Fire Authority) that meets regularly to coordinate on the review of applications for completeness, consistency with requirements, guidelines, and policies. The DMT also makes nonbinding recommendations to the applicable review authority. Unless required by this Title, the City Planner has discretion on whether to bring an application to the DMT for review and a recommendation.
d. Application Status Updates. The Planning Division shall provide information to applicants and interested parties on the status of applications.

E. Designated Review Authority for Required Approvals. Refer to Table 17.12.020, Review Authority for Permits or Entitlements, for the review authority designated to act upon applications required by this Title, according to procedures described in Section 17.12.060. (Continue on next page)
139
Zoning Amendments Page 2
Table 17.12.020 - Review Authority for Permits or Entitlements Permit Application Review Authority1 Process Levels in
Section 17.12.060
Public
Hearings
Administrative Development
Permit
City Planner Process 1 No
Administrative Sign Permit City Planner Process 1 No
Cultural Heritage Permit See Table 17.16.110 Process 2 for Zoning Administrator
decisions.

Process 3 for Planning
Commission
Yes
City Antenna Permit City Manager Process 1 No
Coastal Review In-Concept City Planner Process 1 No
Conditional Use Permit Planning Commission,
except height exceptions in
MU 3.0 and MU 3.3 that
require City Council
approval
Process 3 for Planning
Commission decisions.

Process 4 for City
Council
Yes
Demolition of Historic
Properties
City Council Process 5 Yes
Designation of Historic
Resources and Landmarks
City Council Process 5 Yes
Development Agreements City Council Process 5 Yes
Development Permit See Table 17.16.100 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission
Yes
Discretionary Sign Permit See Section 17.16.250 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission
Yes
General Plan Amendment City Council Process 5 Yes
Historic Property Preservation
(Mills Act) Agreements
City Council Process 4 Yes
Home Occupation Permit City Planner Process 1 No
Interpretations, Minor City Planner Process 1 No
Interpretations, Major Planning Commission Process 3 Yes Minor Conditional Use Permit Zoning Administrator Process 2 Yes Minor Exception Permit Zoning Administrator Process 2 Yes Short-Term Lodging Unit
Zoning Permit
City Planner Process 1 No
Short-term Apartment Rental Zoning Administrator Process 2 Yes Special Activities Permit City Planner Process 1 No
140
Zoning Amendments Page 3
Specific Plan Amendment City Council Process 5 Yes
Temporary Use Permit City Planner Process 1 No
Tentative Parcel Map See Municipal Code Title 16 Yes
Tentative Tract Maps See Municipal Code Title 16 Yes
Variance Planning Commission Process 3 Yes
Waiver of Development
Standards for Historic
Resources and Landmarks
Planning Commission Process 3 Yes
Wireless Permit City Planner Process 1 No
Zoning Amendment City Council Process 5 Yes
1 Refer to Section 17.12.090, Consideration of Concurrent Applications, regarding review of concurrent applications.

SECTION 2. Section 17.12.025 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.025 - Design Review Subcommittee.

This section describes the Design Review Subcommittee's function, duties, and applications that may require design review.

A. Function and Duties.

The Design Review Subcommittee does not focus on land use issues, which are the purview of the review authority. The Design Review Subcommittee forwards a recommendation to the review authority that acts upon a project. For sites on the City’s designated historic structures and landmarks list, the Design Review Subcommittee (DRSC) functions as the Cultural Heritage Subcommittee (CHSC). The CHSC has similar duties as the DRSC but with added emphasis on historic resource preservation.

B. Referrals to the Design Review Subcommittee.

The review authority may refer applications to the Design Review Subcommittee if not required otherwise by Chapter 17.16 for specific applications.

C. Applications that May Require Design Review Subcommittee Review.

Table 17.12.025 identifies applications that may require projects to be reviewed by the Design Review Subcommittee. For each application shown below, the table provides examples of common design issues reviewed by the Design Review Subcommittee. 141
Zoning Amendments Page 4
Table 17.12.025 - Applications and Design Review Process Application
Code
Section
DRSC review
Examples of design issues reviewed by
Design Review Subcommittee
Administrative
Development
Permit

17.16.095 City Planner
discretion.

Issues similar to those listed for Cultural
Heritage Permits and Development Permits
City Antenna
Permit

17.16.130 Required. Aesthetics of new wireless antennas on City property
Conditional
Use Permit

17.16.060 Required for new
antenna projects and
exceptions to
development
standards.

17.16.110 Refer to Section

17.16.110.

Preservation and restoration of historic
resources and landmarks, site planning,
setbacks, compatibility and relationships with
adjacent development, and architectural
design issues, such as architectural quality
and style, massing, scale, proportions,
landscaping, materials, design features, and
visual impacts on aesthetic resources
Designation of
Historic Resources
and Landmarks

17.16.160 Required. Designation of historic resources and landmarks
Development
Permit

17.16.100 Refer to Section

17.16.100.

17.16.250 Required. Design, scale, materials, location, and other visual aspects of signs that require a public
hearing process
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Zoning Amendments Page 5
Historic Property
Preservation (Mills
Act) Agreement

17.16.175 Required. Design, scale, materials, location, and other visual aspects of improvements to preserve
and restore historic resources
Variance 17.16.080 Required. Visual impacts of development standard exceptions
SECTION 3. Section 17.12.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.040 Filing an Application.

A. Persons Who May File an Application (or Pre-application). Unless otherwise specified, an application required or permitted by this title will only be accepted if signed by the owner of the subject property or by the property owner's authorized agent. When the property owner's authorized agent submits an application, the application must be accompanied by written authorization from the property owner. If the property for which an application is submitted is in more than one ownership, all the owners or their authorized agents must either sign the application or submit a written, signed document indicating their consent to the application.

E. Supplemental Information. The City Planner, or review authority, may request the applicant submit information to clarify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Projects with added concern for visual impacts are more likely to require story poles that include construction or expansion of three-story 143
Zoning Amendments Page 6
structures in the Architectural Overlay district and structures with the potential to affect public view corridors from public places in the Coastal Overlay zone.

1. Certification of Visual Analysis Tools. When visual analysis tools are required, the accuracy of the materials shall be certified by a licensed architect or engineer prior to scheduling the first public hearing for a project.

2. Story Pole Installation Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to exceed 28 calendar days prior to the hearing.

3. Story Pole Re-certification. Re-certification is required at least 14 calendar days prior to the first public hearing as described above in 2. Requirements, in the following instances:
a. If the project is modified during the design review process requiring the project to be restaked; and/or b. If the initial installation of story poles was completed one year prior to the final hearing date.

4. Story Pole Removal. A deposit in the amount the City Planner determines to be reasonably necessary to remove the story poles shall be made prior to the time the project is scheduled for public hearing. Story poles shall be removed by the applicant within 20 calendar days after the appeal period for the project has expired. Upon timely removal of the story poles, the deposit shall be returned to the applicant. The applicant's failure to remove the story poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall have the ability to access the site to remove the poles. Story poles must be removed if a project has been inactive for a period longer than six months. Story pole placement shall be photo-documented from viewpoints determined by the City Planner to document size, mass, height, and scale, and shall be submitted to [be] retained by the City with the project file. Prior to the first public hearing on the project, the applicant shall grant to the City a written right of entry for purposes of pole removal. 144
Zoning Amendments Page 7
SECTION 4. Section 17.12.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.050 Application Completeness.

A. Review for Completeness. The Planning Division shall determine the completeness of an application within the time period specified by State law (Government Code Section 65943), after receiving a submitted application and associated information. No application shall be processed pursuant to this title until the Planning Division determines the application is complete. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law (Government Code Section 65943), the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

B. Applicant Notification. If an application is deemed complete, the Planning Division shall notify the applicant in writing. The application shall then be processed pursuant to the provisions of this title.

If an application is deemed incomplete, the Planning Division shall notify the applicant in writing, outlining the reason(s) for the determination and the information necessary to complete the application.

SECTION 5. The former Section 17.12.080 of the San Clemente Municipal Code is hereby re-numbered to Section 17.12.055 and is amended to read in its entirety as follows:

17.12.055 Environmental Review.

Applications shall be processed within the time limits prescribed in CEQA (Government Code Section 65920 et seq.).

SECTION 6. The existing provisions of Section 17.12.060 of the San Clemente Municipal Code are hereby struck and replaced with the following:

The subject matter of the development application determines the process that shall be followed for each application. The provisions of Chapter 17.16 that pertain to each permit, map, or other matter describe the decision process in more detail. Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

Figure 17.12.060.A is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of this Title. This diagram describes the City of San Clemente’s processes only, not decision processes that may be required by other agencies such as the California Coastal Commission.
145
Zoning Amendments Page 8
Figure 17.12.060.A, Decision Processes
Process 1 – Staff Decision Without Notice
Application
Submitted
Staff Level
Review
Staff Decision Appeal to
Planning
Commission
(hearing)
Process 2 – Zoning Administrator Decision
Application/
Plans
Submitted
Staff Level
Review
Zoning
Administrator
Hearing
Appeal to City
Council
(hearing)
Process 3 – Planning Commission Decision
Application
Submitted
Staff Level
Review
Planning
Commission
Hearing
Appeal to City
Council
(hearing)
Process 4 – City Council Decision
Application
Submitted
Staff Level
Review
City Council
Hearing
(decision final)
Process 5– City Council Decision with Planning Commission Recommendation Application
Submitted
Staff Level
Review
Planning
Commission
Recommendation Hearing
City Council
Hearing
(decision final)
* Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

B. Process Two – Zoning Administrator Decision
A Process Two decision on an application shall be made as follows:

1. Decision Process. The Zoning Administrator may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Zoning Administrator’s decision may be appealed to the City Council according to Section 17.12.140.
146
Zoning Amendments Page 9
C. Process Three – Planning Commission Decision
A Process Three decision on application shall be made as follows:

1. Decision Process. The Planning Commission may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Planning Commission’s decision may be appealed to the City Council according to Section 17.12.140.

D. Process Four – City Council Decision

1. A Process Four decision on an application may be approved, conditionally approved, or denied by the City Council at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Ability to Act as Review Authority for a Lower Level Process.

The City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020.

E. Process Five – City Council Decision with Planning Commission Recommendation A Process Five decision on an application shall be made by the City Council as follows:

1. Planning Commission Recommendation.

Before the City Council decision, the Planning Commission shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The hearing may be continued if desired by the Commission to solicit and obtain information needed to make a recommendation. However, the hearing shall be concluded no later than 60 calendar days after the initial hearing date. At the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council to approve, conditionally approve, or deny the application. If the Planning Commission fails to act within this 60-day period the matter shall proceed to City Council without a recommendation.

2. Decision Process.

After receiving the Planning Commission’s recommendation or expiration of the 60-day time period with no recommendation, the City Council shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The City Council may approve, conditionally approve, or deny the application at the conclusion of the hearing.

F. Referrals to Higher Review Level. A Review Authority has the discretion to refer applications to a higher review level, as follows:

2. The Zoning Administrator may refer Process 2 decisions to the Planning Commission, depending on level of public concern anticipated for a matter.

SECTION 7. Section 17.12.065 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.065 Inactive Applications.

The City may close inactive applications according this Section.

A. Incomplete Letters. The City determines the completeness of an application within the time period specified by State law as described in Section 17.12.050. If the application is incomplete, the City notifies the applicant in writing to describe what is needed to process the application, such as studies, development plans, forms, and fees. The letter specifies a timeframe for submitting the requested items.

C. Request for Time Extension. The applicant may request an extension of time to resubmit the application. The time extension request shall be made in writing and received within the resubmittal timeline described in Subsection B. The written request shall provide a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis.

D Return of Unused Deposit Account Funds. If an application is withdrawn by the City or the applicant, the City shall contact the applicant to refund any unused deposit account fees. If an applicant is unresponsive, the City will refund fees when an opportunity arises to communicate with the applicant. Fixed fee applications are not refundable.

SECTION 8. Section 17.12.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.100 Public Hearing and Notification.

A. Purpose. This section defines procedures for public notification when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title. 148
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B. Notice of Public Hearings. A notice of public hearing is required for processes 2 to 5 in Section

Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and this title, including all of the following requirements which must be complied with at least 10 days prior to the public hearing:

1. Publication. Publication in a newspaper of general circulation in the City of San Clemente;

2. Mailing Recipients. A notice of public hearing shall be mailed to the following:
a. Owners of property within 300 feet of a site that is the subject of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing; b. Local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected;
c. Persons requesting notice of such hearing;
d. The City of San Clemente as owning property within a specified distance from the exterior boundaries of the subject property (radius of notice), unless the City is the sole applicant for the hearing that is the subject of the notice; and

4. Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant by the Planning Division.

5. Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with this Section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:
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a. Mailing and Publication. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of mailing and publication; and b. Posting. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

C. Failure of Any Person to Receive a Mailed Notice. Failure of any person to receive notice according to this Section shall not invalidate any proceedings.

SECTION 9. Section 17.12.140 of the San Clemente Municipal Code is hereby amended in its entirety as follows:

17.12.140 Appeals of an Action.

A. Appeals by the Public.

1. Right to Appeal.
a. Decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Community Development Director and/or City Planner to the Planning Commission, except for a decision on a Wireless Permit. The Planning Commission's decision may be appealed to the City Council, whose decision shall be final. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). b. Decisions of the City Manager on City Antenna Permits. Any person may appeal a decision of the City Manager on City Antenna Permits to the Planning Commission. The Planning Commission's decision may by appealed to the City Council, whose decision shall be final. c. Decisions of the Zoning Administrator, or Planning Commission. Any person may appeal a decision of the Zoning Administrator or Planning Commission to the City Council. The City Council's decision on the appeal shall be final.

2. Time Limits for Filing an Appeal.
a. Decisions of the Community Development Director or City Planner. Except for appeals on Wireless Permit decisions, an appeal of a decision made by the Community Development Director or City Planner shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). 150
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b. Decisions of the City Manager on City Antenna Permits. An appeal of a decision made by the City Manager on a City Antenna Permit shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. c. Decisions of the Zoning Administrator or Planning Commission. An appeal of the decision of the Zoning Administrator, or Planning Commission shall be filed in the office of the City Clerk or with the City Planner within ten consecutive calendar days following the decision sought to be appealed.
d. Calculation of the Appeal Period. For the purpose of calculating the appeal period, the first day of the appeal period shall be the day immediately following the day on which the decision occurred. Other than appeals on Wireless Permits, the final day of the appeal period shall be the tenth calendar day following the first day of the appeal period, at 5:00 p.m. If the last day to appeal falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to appeal.

3. Method of Appeal. Appeals shall be in writing on a form obtained from the Planning Division or City Clerk. The appellant shall state the specific reasons for the appeal, submit funds to pay the required appeal fee, and submit public notification materials. Unless otherwise provided for in Table 17.12.100, Public Hearing Requirements, of this chapter public notification materials shall consist of postage pre-paid envelopes addressed to each person owning property within 300 feet of the property which is the subject of the appeal, as such names appear on the latest County equalized tax assessment role.

B. Appeals by the City Council.

3. Method of Appeal. Appeals by the City Council shall be by a majority vote of the City Council at a regular or adjourned regular City Council meeting.

D. Time Limit for Hearing an Appeal. Public hearings on appeals shall be held within 60 days of the City Clerk or Planning Division's receipt of a completed appeal application. The City Clerk shall notify the applicant, in writing, of the date established for the public hearing within 10 days of receipt of a completed appeal application. The appellant, or applicant if the City Council is the appellant, must provide the City with stamped envelopes for public notification, by 20 days prior to 151
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the scheduled hearing on the appeal, or the appeal shall be taken off the City Council's calendar and the appellant shall have waived any and all rights to such appeal.

F. Effective Date of Appealed Actions. Please refer to Section 17.12.130, Effective Date of Decision on an Action, of this chapter, Effective Date of Decision.

SECTION 10. Section 17.16.050 of the San Clemente Municipal Code is hereby deleted in its entirety.

SECTION 11. Section 17.16.060 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.060 Conditional Use Permits.

A. Purpose and Intent. It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and neighborhood identity; and 3) minimizes impacts to adjacent uses. Review of a use may require the consideration of site plan issues related to the use, as well. For a discussion of the purpose of site plan review, please refer to Section 17.16.050(A), Purpose and Intent, in this chapter.

B. Review Authority. The review authority for Conditional Use Permits is as follows:

3. Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

4. Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

C. Applicability. Conditional Use Permits are required as indicated by the use tables in Chapters

17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, in this Title.

Conditional Use Permits are also required for the following requests:
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Use/Modifications As Provided for in:

Antennas, new, on City property Section 17.28.070(C),
Review Requirements
Chimneys which exceed the height limit of the zone in which they are located by more than two feet
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Density bonus requests Section 17.24.070(E),
Review Procedures
Development standards, determination of, for development in the following zones: RVL Zone, Open Space Zones, Public Zone Table 17.32.040,
Residential Zone
Development Standards;
Table 17.44.030, OpenSpace Zone Development
Standards; Table

17.48.030, Public Zone
Development Standards
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section

Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use zones
Section 17.40.050(D),
Exceptions to the
Minimum Floor Area
Requirements for the
Commercial Portion of
Mixed-use Projects for
Buildings on the City's
Designated Historic
Structure List
Home occupations conducted outside enclosed structures Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase Table 17.36.030F, Row "Height Limitations",
Subsection 2
Height limitation exception for sloping topography in Mixed Use 3.0 (MU

3.3) Zone
Table 17.40.040G, Row
"Height Limitations"
Nonconforming uses: change from prohibited use to a different prohibited use
Section 17.72.060(C)(3),
Changes of Use.

Nonresidential uses allowed in the zone located on the same floor as residential uses of a vertically mixed-use building in Mixed Use zones Section

17.40.030(A)(2)(a),
Special Use Regulations
Outdoor dining areas Section 17.28.205(C),
Review Requirements
Parking modifications for: Bed and Breakfast Inns; Uses in and out of the Downtown Parking Study Area; Historic nonresidential and mixed-use structures; Historic structures in the RM and RH Zones; Relocation of historic structures; Hotels
Section 17.28.090(D),
Minimum Standards for
Bed and Breakfast Inns in
All Zones; Section

17.64.125, Waivers of
parking requirements
Public utilities, major, initiated by outside agencies Section

17.28.240(B)(2)(a),
Projects Initiated by
Outside
Agencies/Applicants
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

17.40.030(A)(2)(a),
Location of Residential
Uses
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Use/Modifications As Provided for in:

Urban Private Storage in Mixed-Use Zones Section 17.28.305, Urban Private Storage
Height exceptions for residential development on Lots 46 through 64 of Tract 4938 in the RL-11 special residential overlay zone Appendix A, Subsection
(K.4.B) in this Title
D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required then they shall be completed at the applicant's expense, which may involve the selection of a consultant. c. Design Review Subcommittee. The Design Review Subcommittee shall review proposals for new wireless antenna projects and development standard exceptions. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

2. Prior to approval of a Conditional Use Permit, a multifamily dwelling with five or more units, only the following findings must be made: those in subsection F.1.a and b. and a finding that the proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity.

Use/Modifications As Provided for in:

New antennas on City property Section 17.28.070(F),
Required Findings for
Conditional Use Permits
Density bonus requests Section 17.24.070(F),
Required Findings
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section 17.24.090(D)(2),
Required Findings
Grading requests not accompanying development requests Section 17.28.130(C), Required Findings
Height limitation exception for sloping topography in Mixed Use (MU)

3.0 and 3.3 Zones
Section 17.40.050(F),
Building Height and
Stories in the Downtown
Core
Historic Structures, exceptions to the minimum commercial floor area for mixed-use projects in Mixed Use Zones
Section 17.40.050(D)(2),
Required Findings
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Use/Modifications As Provided for in:

Home occupations conducted outside enclosed structures Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase Table 17.36.03F, Row "Height Limitations",
Subsection 2
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase Table 17.40.040F, Row "Height Limitations",
Subsection 1
Nonconforming structures: replace structures in non-residential zones that are damaged by an accident with repair costs that are 50 percent or greater than a structure's replacement cost
Section

Outdoor dining areas Section 17.28.205(E),
Required Findings
Parking waivers for the Downtown Parking Study Area, and certain projects and land uses outside the Downtown Parking Study Area, such as: historic nonresidential and mixed-use structures; historic structures in the RM and RH Zone; and hotel uses.

Section 17.64.125(A),
Waivers of Parking
Requirements in the
Downtown Parking Study
Area; Section

17.64.125(B),Waivers of
Parking Requirements
Outside the Downtown
Parking Study Area
Public utilities Section

17.28.240(C)(2)(d), Minor
Utilities
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

H. Modifications Requested by the Applicant. Modifications to approved Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application. 157
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I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. For antennas on City property, a Conditional Use Permit may also be revoked or modified if other findings can be met pursuant to Section 17.28.070(G).

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Planning Commission shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Planning Commission to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the Land. The approval of a Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 12. Section 17.16.070 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.070 Minor Conditional Use Permits.

1. Outdoor dining areas per Section 17.16.205(C), Review Requirements;

2. Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;
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3. Waivers of fees/development standards for Historic Resources and Landmarks per Section

17.16.180;

4. Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

5. Parking modifications for the Downtown Parking Study Area, as provided for in Section

17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

6. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

7. Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

8. Off-site parking according to Section 17.64.110.

9. Shared parking according to Section 17.64.120.

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
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b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.
c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

2. Specific Findings. In addition to the general findings required in Subsection (F)1., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:
a. Outdoor dining areas per Section 17.28.205(E), Required Findings; b. Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements), The Downtown Parking Study Area, of this title;
c. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area. d. Shared Parking findings according to Section 17.64.120.

G. Appeals. An appeal of the action on a Minor Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Minor Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Minor Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Zoning Administrator shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training. 160
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L. Approval Runs with the Land. The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 13. Subsection (C) of Section 17.16.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

C. Applicability. Minor Exception Permits are required for deviations in the following standards:

1. Arbors, as provided for in Section 17.32.050(A), Arbors;

2. Encroachment from the median front yard setback, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

3. Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

4. Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

5. Encroachments of bay windows into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

6. Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

7. Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

8. Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(1)(a), Landscaping Requirements for Specific Zones, Residential Zones;

9. Parking modifications for historic structures in RM and RH Zones, as provided for in Section

17.64.125(B), Historic Structures in RM and RH Zones;

10. Nonconforming structure requirements, exception for single-family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section

17.72.050(1)(3)(b)(i)];

11. Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

12. Parking modifications for minor additions to nonresidential and the commercial portion of mixed-use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;

13. Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;

14. Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15. Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

16. Retaining walls, as provided for in Section 17.24.180(D)2(b) and 17.24.180(D)(4), Exceptions;

17. Satellite antennas, as provided for in Section 17.28.080(B)(2), Minor Exception Permits;

18. Setbacks for buildings provided encroachments comply with length limitations in Section

17.24.080(B), as follows:
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a. A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,
b. Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,
c. A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,
d. For lots subject to a 16-foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

19. Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break.

SECTION 14. A new Section 17.16.095 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:

17.16.095 – Administrative Development Permit
A. Purpose.

This section provides administrative approval of minor projects without significant impacts.

B. Applicability. Administrative Development Permits are required to allow eligible projects on the following properties:

1. Nonresidential sites (within nonresidential zones or by legally-established use of property);

2. Properties within the Architectural Overlay district;

3. Properties abutting the City’s historic resources and landmarks list (“historic structures list”);

4. Properties on the City’s historic resources and landmarks list; and

5. Properties with three or more dwelling units located within 300 feet of residentially zoned buildings on the City’s historic resources and landmarks list, if projects are visible from public right-of-way adjoining historic structures and landmarks or are visible from public view corridors designated in the General Plan.

C. Exemptions. The following activities are exempt from an Administrative Development Permit:

2. Interior projects not visible on the exterior of structures and from adjoining public right-ofway.

3. Landscaping of area under 500 square feet according to standards in Subsection F.11. 162
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I. Dead/dying;
II. Diseased and unlikely to be rehabilitated;
III. Dangerous; or
IV. Destructive.

D. Projects Eligible for Administrative Approval.

The following types of projects are eligible for ministerial approval of an Administrative Development Permit, if proposed projects comply with this Title, and both the general standards and project specific standards in this Section. If standards are unmet, projects shall require a Site Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).

1. Additions to Private Recreational Facilities

2. Accessory Structures: Other Minor

3. Awnings

4. Chimneys and Metal Flues

5. Color and Finishes: Exterior

6. Decks or Patios

7. Doors

8. Driveways/Paving/Minor Site Work

9. Fences

10. Historic Resources, Minor

11. Landscape Alterations

12. Lighting: Exterior

13. Mechanical Equipment: General

14. Mechanical Equipment: Rooftop

15. Porches

16. Roofs (and “Reroofs”)

17. Sheds or Spas

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas

19. Skylights

20. Trellises, Pergolas, or Arbors

21. Walls

22. Windows
E. General Review Standards.

For approval of a permit, eligible projects must comply with the following general standards and applicable project specific standards in Subsection F.

1. Design. The architectural design of the addition, alteration, or site change is compatible with the style of buildings that will remain on site. One overall architectural style is required.

3. Style. Style is expressed through architectural elements such as windows, doors, lighting, railings, trim, eaves, roof pitch, element proportions and materials. The style of the proposed work should be stated on the project plans and matches the existing style or style required for a design district if applicable, such as the Architectural Overlay. Wherever this document references a requirement for style compatibility, the following method is used to determine style compatibility. Staff may reference style books to confirm the proposed style classification. Staff will check for consistency ofstyle of a structure’s proposed elements with theelements for the chosen style as described in reference materials. Staff will also check that any patterns or materials created by the existing elements are repeated in the proposed work.

4. Additions. Additions shall match the architectural style of the building with similar materials, details and colors.

5. Alterations. Alterations shall match the architectural style of the building or result in one architectural style consistent with Subsection E.3. Alterations are welcome that modify the structure’s appearance to be a more traditional form of the style on the site or the style required. Alterations to implement an architectural style that is not typical for the neighborhood or required by this Title are in eligible for an Administrative Development Permit.

8. Historic Considerations. Minor alterations to City, State, or Federally-designated historic resources, or other potentially significant structures, shall maintain character-defining features or avoid any adverse change to the significance to a historic resource in order to be eligible for administrative approval. The City Planner has the discretion to consult with a licensed professional at the applicants cost to make a determination on the significance of structures and impacts of projects. If this guideline is not met, then the project shall be referred to the Zoning Administrator with required consultation of the Cultural Heritage Subcommittee.

9. Objective Design Standards. Projects shall comply with any objective design standards adopted by the City Council.

10. Not subject to CEQA. Projects are eligible only if they are categorically or statutorily exempt or otherwise not subject to the California Environmental Quality Act (CEQA). 164
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F. Project Specific Standards.

In addition to complying with the general requirements specified in Subsection E above, projects seeking administrative approval must also comply with any applicable project specific requirements in this Subsection. The project specific standards identify which projects are eligible for administrative review, not limit projects permissible in this Zoning Code (Title 17).

1. Additions to Private Recreational Facilities. Additions to buildings are eligible for administrative approval that are up to 500 square feet, less than 50 percent of the existing building’s floor area, and meet the following criteria:
a. The project is not located in the Architectural Overlay; b. The site is not on the City’s designated historic resources and landmarks list; c. The addition is to a private recreational facility building; d. The project is not visible from a scenic corridor designated in the General Plan.

2. Accessory Structures: Other Minor. Minor accessory structures, such as barbeques, fire pits, and low counter tops, not addressed otherwise in the project-specific standards (this Subsection) are eligible for administrative approval if the following apply:
a. For the City’s designated historic resources and landmarks list, accessory structures are limited to those that are a maximum height of six feet and are detached from buildings; and
b. Structures are screened from adjoining public right-of-way and have materials that meet general standards in Subsection E.

3. Awnings. Awnings over window or door openings that are compatible with the style and colors of the structure are eligible. Awnings shall be canvas with wrought-iron supports on new buildings and major remodels in the Architectural Overlay and on historic structures with Spanish architecture.

5. Color and Finishes: Exterior. The project is consistent with Subsection E, General Standards, Colors and Materials. For the Architectural Overlay and historic structures with Spanish architecture, stucco shall be ‘steel, hand trowel’ applied with a smooth Mission finish, slight undulations, bull-nosed corners and edges, including archways; and no control/expansion joints.

6. Decks or patios. New or altered decks or patios less than 200 square feet at the first floorlevel are eligible for administrative approval if the following standards are met:
a. For the City’s designated historic resources and landmarks list, the decks or patios must be screened from public right-of-way and detached to be eligible. b. New decks or patios are of a scale and style which is compatible with the structure to which the deck is attached.
c. When viewed from a public viewing location, the proposed deck or patio is not likely to be more noticeable than the structure it is attached to.
d. New decks or patios are not located to cause potential privacy or noise impacts to adjacent properties.
e. Deck or patio materials are finished to be compatible with the color scheme of the primary structure.

7. Doors. Minor door alterations — for example, to enhance access by the physically challenged and for compliance with the Americans with Disabilities Act (ADA) — are covered by this provision. Installation of guard/hand rails shall be referred to the consent calendar. The modification of doors and sidelights within existing rough openings should be designed to comply with the following requirements for Administrative approvals:
a. For the City’s designated historic resources and landmarks list, every effort shall be made to avoid alterations first with repairs and maintaining the original doors. If this cannot be done, projects shall replace doors to match the originals to the best extent possible based on historical photos or the existing condition.
b. The type of proposed doors and color of frames are compatible with the architectural style ofthe building and appear compatible with existing doors. c. If the doors of an addition are the same size and material as existing nearby doors, the proposed doors match the existing nearby doors in appearance. d. Door and sidelight sash material matchesthe window material. e. Where adjacent windows are "divided light" type, the new doors and sidelights shall also mimic the appearance of divided lite windows. Where dual glaze glass is used, the mullions should break the exterior pane.
f. In door pairs, both doors should have the same width. g. In doors with sidelights, sidelights should have the same width if feasible. h. Doors and sidelights should be placed symmetrically within architectural elements. i. Any changes in paving material associated with the door alteration match the existing material.
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8. Driveways/Paving/Minor Site work. Extensions, modifications, and additions to driveways are eligible for administrative approval if all ofthe following requirements are met:
a. For the City’s designated historic resources and landmarks list, changes to site work shall be limited to providing access to entrances and exits, patios, courtyards, and utility pathways; so landscape area is preserved. The exceptions are changes to provide safe access to required parking and pedestrian sidewalks that meet City standards; b. There is no drainage impact on adjoining lots;
c. Any paving or driveway additions or modifications are of the same materials as the existing paving or driveway materials;
d. For residential development, the driveway width complies with Engineering technical standards;
e. Any new driveway paving materials are compatible with the existing structure and surrounding area; and
f. New paved parking areas, such as expansions to commercial parking lots, are screened from adjoining public property through fencing, landscaping or other structures.

9. Fences. Chain link, chicken wire, metal, plastic, vinyl, wire-mesh and unfaced cement block fence materials are not eligible for administrative approval. Fences not specifically excluded in the preceding sentence may be reviewed and approved administratively if:
a. The fences meet zoning requirements;
b. For the City’s designated historic resources and landmarks list, eligible fences are not in yards adjacent to street frontages;
c. The fence height shall preserve views of traffic to-and-from driveways and the public right-of-way; and
d. The fence design and materials shall be compatible with the street scene and the materials and finishes of the primary structure.

10. Historic Resources, Minor. In addition to the general standards above (Subsection E) and other project-specific standards in this Subsection, the following applies to repairs and upgrades to historic resources and landmarks on the City’s designated historic resources and landmarks list; repairs and refinishing of existing materials are eligible; such as stucco, roof tiles, pavers, wood trim, and stone, if the following apply:
a. Repairs and refinishing of existing materials shall be completed according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties; such as repairs to stucco, roof tiles, pavers, wood trim, and stone; b. Original materials are to be repaired and refinished to every extent possible versus replacement. Photographs of the existing material conditions and of the work completed shall be provided for the property file;
c. Minor alterations are eligible that improve the historical integrity of historic resources and landmarks on the City’s designated historic resources and landmarks list; such as installation of painted decorative tiles on stair risers or replacing non-original features 167
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with documented traditional period appropriate materials, such as replacing vinyl windows with wood windows that meet window standards in this Subsection; d. For historic structures with Spanish architecture, work shall be completed according to the City’s Henry Lenny Design Guidelines; and
e. If material replacement is demonstrated to be necessary, the materials shall be selected to mimic the original conditions unless alterations will improve the significance such as replacing vinyl with wood windows (see window guidelines for more on that work).

Photographs of the existing material conditions and of the work completed shall be provided for the property file.

11. Landscape Alterations. Excluding exempt landscaping changes in Subsection C, the following standards apply to landscape alterations eligible for administrative approval:
a. For the City’s designated historic resources and landmarks list, changes shall exclude landscaping noted on a historic survey form identified as a contributor to the significance of a historic resource;
b. The project adds or alters 500 square feet or more of landscaping; c. The alteration complies with zoning requirements;
d. The alteration is consistent with City Design Guidelines, including the recommended plant list;
e. Tree Removal. The removal or replacement of trees shall meet the following criteria:
i. Replacement trees shall be a minimum of a 24-inch box size; ii. Trees are ineligible if taller than 25 feet high and replaced within yard area between a building and public right-of-way; and
iii. Trees are ineligible if located within a public view corridor designated in the General Plan, or if required to screen hillside ridgelines according to the Hillside Development Ordinance in Chapter 15.40 of this Municipal Code.

12. Lighting: Exterior. The following standardsmust bemetfor administrative approval:
a. Replacement or installation of additional fixtures is compatible in style, color and scale with the existing structure or building to which lighting is attached; b. Lighting fixtures and placement meet the lighting requirements and Design Guidelines; and
c. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards.

13. Mechanical Equipment: General. Equipment such as water heaters, water heater enclosures, electrical or gas metering equipment and pool and spa equipment must be located and screened as follows in order to be eligible for administrative approval:
a. If the new mechanical equipment is installed at ground level, it is placed as close to the building as practicable and screened from view through fencing, landscaping or other structures. Landscape screening, the preferred method of screening, is indicated on project plans to be maintained;
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b. All cables connecting outdoor equipment are properly secured and/or buried in the ground;
c. Equipment shall be installed over existing hardscape surfaces first if possible; and d. All pool and spa equipmentislocated asfar away fromadjoining properties as reasonably practicable in consideration of neighbors, and the equipment’s property line decibel level is consistent with the Noise Ordinance.

14. Mechanical Equipment: Rooftop. Transmitting antennas, including wireless facilities, are not eligible for administrative approvals. Satellite antennas and other rooftop equipment reviewed by Staff must comply with the following standards:
a. Equipment shall be screened from on-site parking areas, adjacent public streets and adjacent residentially zoned property. The height of equipment screens shall be less than 10 feet tall and under the height limit of the zone;
b. If equipment must be visible from off-site locations, despite screening or in cases where only vegetative screening is used, the equipment is painted the same color as the roof or adjacent background, as specified by the City Planner. However, for the City’s designated historic resources and landmarks list, visible equipment on historic resources and landmarks is ineligible for administrative approval; and c. Screening shall be integrated into the appearance of the overall building; and

15. Porches. Porches are covered outdoor spaces attached to the primary structure eligible for administrative approval that meet the standards below, excluding the City’s designated historic resources and landmarks list.
a. Porches may be a maximum of 200 square feet;
b. Porches unscreened from the public right-of-way shall be on less than 50 percent of a building elevation’s length;
c. The porch shall be integrated into the primary structure with a compatible design and materials; and
d. Porch railings have open pickets, glass, or other design and material with spacing to maintain visibility of the primary structure from the public right-of-way, unlike than a solid guardrail.

17. Sheds or Spas. The following standards must be met:
a. The shed or spa is entirely screened from public right-of-way and separated from buildings according to the Building Code;
b. The shed or spa area is 120 square feet or smaller;
c. Materials match site fencing or the main structure’s materials and colors; and d. Any mechanical equipment meets criteria Subsection F.13 and F.14 above.

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas.

19. Skylights. Skylights must meet the following standards for eligibility:
a. For the City’s designated historic resources and landmarks list, skylights shall not be installed over original building areas;
b. Skylights are compatible with the architectural style of the building and with the character of the surrounding area;
c. Skylights are screened from adjoining properties; and d. Skylights shall have an orientation and design to avoid light trespass and glare on other properties in evenings, such as glazing, shades, or tint.

20. Trellises, Pergolas, and Arbors. Trellises, pergolas, and arbors are architectural elements with posts or columns on the sides and connected by beams and topped with open rafters. They can also include trellis overhead between the rafters. Trellises, pergolas, and arbors are eligible for administrative approval if:
a. For the City’s designated historic resources and landmarks list, the trellis, pergola, or arbor is screened from public right-of-way and separated from neighboring buildings and property lines according to the Building Code;
b. The structure covers less than 250 square feet of lot area and is less than 12 feet tall; and
c. The structure’s height, size and materials are compatible with the surrounding area.

22. Windows. Windowsmay be replaced or added if the following standards are met:
a. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards;
b. Windows of additions match the predominant windows of the existing structure; c. The window types are of appropriate size and scale for the proposed location(s); and
d. For the Architectural Overlay and historic structures with Spanish architecture:

I. Window design shall mimic the appearance of true divided lite windows.

II. The window surround or flange is to be constructed as part of the frame, not a plant on detail.

III. Factory color finishes are acceptable.

IV. Windows materials shall be consistent with allowed types shown in Table 17.16.095 below.

Material
Type
NonresidentialResidential
with
Architectural
Overlay
Residential
without
Architectural
Overlay
Historic
Structure
(original)
Historic
Structure
(addition)
Wood Yes Yes Yes Yes Yes
Metal - Steel
or aluminum
Yes Yes Yes No Yes
Fiberglass Yes Yes Yes No Yes
Vinyl
Ground floor No No Yes (nonvisible)No No
Upper levels
non-visible
No Yes Yes No No
G. Application Process.

1. Application Submittal. Administrative Development Permit review is initiated upon submittal of an application in compliance with Section 17.12.040, Filing an application.

2. Application Review.

3. Decisions. The City Planner shall approve or deny an application based on whether a project is consistent with the following:
a. General design standards in Subsection E.
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b. Project-specific standards in Subsection F.
c. The City’s objective design standards.

4. Appeals. Decisions are subject to appeal processes according to Section 17.12.140.

J. General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Approval Runs with the Land. The approval of an Administrative Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

SECTION 15. The existing provisions of Section 17.16.100 are hereby struck and replaced in their entirety with the following:

17.16.100 - Development Permit
A. Purpose.

1. Development Permits are required to ensure development projects, not involving the City’s designated historic resources and landmarks list, will:
a. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.
b. Preserve and strengthen the City’s unique atmosphere as a Spanish village; c. Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;
d. Encourage site design and architecture sensitive to community and neighborhood character;
e. Enhance the visual environment and protects the economic value of existing structures. f. Respect the physical and environmental characteristics of the site; g. Ensure safe and convenient access and circulation for pedestrians and vehicles; h. Exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines;
i. Allow for and encourage individual identity for specific uses and structures; j. Encourage a distinct community or neighborhood identity; 172
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k. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City’s designated historic resources and landmarks list; l. Prevent inappropriate design or development of structures; and m. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B. Definitions. For purposes of this Section, the term “Sensitive areas” shall mean:
a. Properties located within the Architectural Overlay district; b. Properties with single-family residences or duplexes abutting the City’s designated historic resources and landmarks list.
c. Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City’s designated historic resources and landmarks list.

C. Applicability.

1. When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on the City’s list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

2. Exemptions. The following activities are exempt from a Development Permit. a. Activities exempted from an Administrative Development Permit specified in Section

17.16.095;
b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public rightof-way; d. Maintenance of property and structures;
e. Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City’s designated historic resources and landmarks list, if all of the following criteria apply:
i. Projects are not located in the Architectural Overlay district; ii. Projects are not visible from public right-of-way that adjoins properties on the City’s designated historic resources and landmarks list;
iii. Projects are not proposed on property abutting properties on the City’s designated historic resources and landmarks list; and
iv. Projects are not visible from public view corridors designated in the General Plan. f. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

D. Review Authority.

Table 17.16.100 identifies the required review authority and review process in Section 17.12.060 for each project. Development Permits are acted upon by the highest review authority designated 173
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in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100 – Review Process for Development Permit Development Activities Review
Process
(Section

17.12.060)
A. New development of nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities. Process 3

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

Process 3

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

Process 2

4. New nonresidential accessory buildings that are screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 2,000 square feet and less than 50 percent of the primary building’s floor area.

Process 2

5. New nonresidential accessory buildings that are unscreened from adjoining public right-of-way, or the building has floor area larger than 2,000 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

Process 2

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 3
C. New development of residential buildings.

1. Development of residential primary buildings that results in five or more dwelling units on a property.

Process 3

2. New residential primary buildings proposed in the Architectural Overlay District.

Process 3

3. New residential primary buildings on properties adjoining the City’s designated historic resources and landmarks list.

Process 3

4. Development of two-story single-family dwellings and duplexes across a street and abutting a property on the City’s designated historic resources and landmarks list.

Process 2
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Development Activities Review
Process
(Section

17.12.060)

Process 2

6. New residential accessory buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

7. New residential accessory buildings in sensitive areas (defined in Subsection B) that are unscreened from adjoining public right-of-way or the proposed building has floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

8. Accessory Dwelling Units that vary from standards as specified in Section

17.28.270 in which discretionary review is allowed by State law.

Process 3
D. Residential building additions.

1. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way where the addition of floor area is less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

2. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) where the addition of floor area is unscreened from adjoining public right-of-way or the addition is larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

3. Residential building additions of floor area 50 percent or greater to nonconforming single-family residences with less than 1,400 square feet of floor area as of March 21, 1996, expanded up to 2,100 square feet.

Process 2
E. New accessory structures.

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. Development on new parcels created from a subdivision of property. Process 3

2. New Planned Residential Developments (PRD). Process 3

3. New golf courses. Process 3

4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170.

Process 2
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Development Activities Review
Process
(Section

17.12.060)

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

Process 2

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

Process 2

7. Subdivisions excluding condominiums. Process 5

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

Process 3

9. Residential detached accessory structures over 15 feet in height. Process 3 E. Application Filing, Processing, and Review.

1. Application Filing.
a. An application for a Development Permit shall be filed and processed according to Chapter

17.12. b. The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

2. Application Review.

3. Design Review Subcommittee Review.

4. Decision and Appeal Process.

Table 17.16.100 identifies the Review Authority and Review Process described in Section

17.12.100 for each project. Refer to Section 17.12.060 for details on the review process.

Notification procedures are in Section 17.12.100.

F. Required Findings.

1. General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:
a. The proposed project is consistent with the General Plan; b. The proposed project complies with zoning regulations; c. The proposed project is consistent with the City’s Design Guidelines; d. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and e. The proposed project is in character and compatible with the properties in the neighborhood.

2. Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following.
a. For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.
b. For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:
i. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii. The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian-orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.
c For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.
d. For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

G. General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently. 177
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H. Approval Runs with the Land. The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

SECTION 16. The existing provisions of Section 17.16.110 of the San Clemente Municipal Code are hereby struck and replaced in their entirety with the following:

17.16.110 - Cultural Heritage Permits
A. Purpose. Cultural Heritage Permits are required for projects affecting sites on the City’s list of designated historic structures to ensure projects:

1. Preserve and strengthen the City’s identity as a Spanish village;

2. Comply with the purpose and intent of the Architectural Overlay district for projects involving cultural and historical resources within the overlay zone identified on the Zoning Map;

3. Preserve and strengthen the pedestrian-oriented areas designated in the General Plan;

4. Preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest;

5. Protect and enhance the City's attraction as a historic community to tourists and visitors;

6. Promote the use of historic properties for the education, pleasure, and welfare of the people of the City;

7. Encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian-oriented character;