RESOLUTION NO. 24-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING PROJECT, WITH ZONING CONCESSIONS AND WAIVERS PURSUANT TO STATE DENSITY BONUS LAW, AND AN AGREEMENT BETWEEN THE CITY AND FRIENDSHIP SHELTER, INC. TO REGULATE AND RESTRICT THE OCCUPANCY, RENTS, OPERATION AND MANAGEMENT OF A PROPERTY FOR AFFORDABLE HOUSING AND RELATED USES FOR A QUALIFIED AFFORDABLE RESIDENTIAL RENTAL HOUSING DEVELOPMENT WITHIN THE AFFORDABLE HOUSING OVERLAY ON A SITE LOCATED AT 2435 SOUTH EL CAMINO REAL (APN 060-031-44), AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the provision of affordable housing is a contribution to an unmet housing need, making progress toward housing goals contained in the City’s Housing Element, adopted by the City on September 20, 2022 and certified by the State Department of Housing and Community Development on October 12, 2022; and WHEREAS, the City provides a process to engage in negotiations with property owners to enter into affordable housing agreements for the establishment and operation of qualified affordable residential housing that fulfill goals of the City’s Housing Element and requirements of State law; and WHEREAS, the Friendship Shelter Inc., owner of property at 2435 South El Camino Real (APN 060-041-44) (“Property”), desires to convert a motel into long term supportive affordable housing (“Project”) within the Affordable Housing (“AH”) Overlay District in the City of San Clemente; and WHEREAS, affordable housing projects are a permitted use in the AH Overlay if the requirements of San Clemente Municipal Code section 17.56.090 are met; and WHEREAS, California Density Bonus Law (Government Code § 65915) requires cities to provide zoning concessions and waivers to developers who include qualifying affordable housing in their projects, and the property owner has requested such concessions and waivers, in writing, that consist of an increase in the density of the development to 11 affordable units, with one manager’s unit, and reductions of the required setbacks of the development, for the existing structure, to two (2) feet from the front property line and three (3) feet from the rear property line; and WHEREAS, San Clemente Municipal Code (“SCMC”) Section 17.56.090.F requires every qualified affordable housing project within the City’s AH Overlay have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be constructed prior to issuance of building permits to ensure that the requirements of SCMC Chapter 17.56 are satisfied, which agreement shall be binding on all future owners; and WHEREAS, the purpose of the agreement is to satisfy the requirements of SCMC Section 17.56.090.F and to regulate and restrict the occupancy, rents, operation and management of the affordable housing and related uses; and WHEREAS, State of California housing laws, including Senate Bill 91 (2023) and Assembly Bill 1490 (2023), require ministerial approval for projects that convert motels for use as affordable housing and provide a CEQA exemption for such projects; and WHEREAS, City staff has reviewed the proposed affordable housing agreement and finds it to be beneficial to the City, in that the agreement provides for the operation of a qualified affordable residential rental housing development, and more specifically, long-term supportive housing for individuals at risk of homelessness; and NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein by reference.
SECTION 2. The affordable housing project and associated agreement are exempt from the California Environmental Quality Act (CEQA) by California Public Resources Code (PRC) Section 21080.50 that applies to conversion of motels into supportive housing.
SECTION 3. The affordable housing project, including the request for zoning concessions/waivers consisting of an increase in the density of the development to 11 affordable units, with one managers unit, and reduction of the required setbacks of the development to two (2) feet from the front property line and three (3) feet from the rear property line, is approved, subject to issuance of building permits and execution of an affordable housing agreement.
SECTION 4. The affordable housing agreement with the Friendship Shelter Inc. is approved.
SECTION 5. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the affordable housing agreement with Friendship Shelter, Inc. in a form substantially similar to that presented to the City Council on November 19, 2024.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this ___ day of _____________________, ____.
ATTEST:
City Clerk of the City of Mayor of the City of
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-177 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_______________________________
Elizabeth A. Mitchell, City Attorney
995292.1
Resolution No. 24-177 Page 2
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