ORDINANCE NO. 1784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO ADD CERTAIN SITES PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE ZONING AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY PLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B)(3) WHEREAS, in 2017, the Housing Accountability Act (“HAA”) was significantly strengthened through the passage of three bills, Senate Bill (“SB”) 167, Assembly Bill (“AB”) 678, and AB 1515. These bills were part of a comprehensive group of laws enacted to address California’s housing shortage. This signaled a significant shift in the focus of the state’s housing policies from planning to production. In 2018, AB 3194 further amended and strengthened the HAA. As clarified by AB 3194, when there are inconsistencies between the General Plan and zoning regulations, the General Plan policies take precedence; and WHEREAS, on January 1, 2018, SB 35, intended to help address California’s housing shortage, went into effect, requiring a streamlined and ministerial review process for multi-family housing projects meeting specific qualifications; and WHEREAS, on January 1, 2019, AB 2162, intended to help address California’s need for supportive and emergency housing, went into effect, requiring a streamlined and ministerial review process for supportive housing meeting specific qualifications; and WHEREAS, on January 1, 2020, SB 330, intended to create certainty in the development of housing projects, went into effect, speeding up the review of these project, and created restrictions on new local regulations; and WHEREAS, on January 1, 2022, SB 9 went into effect, that requires cities to ministerially approve, within single family residential zones, housing developments containing no more than two residential units and parcel maps for urban lot splits; and WHEREAS, with certain limitations, the above-referenced laws permit the City to impose design standards on housing projects, so long as those standards are objective and involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Staff developed the “Objective Design Standards for Multi-Family Residential and Residential Mixed-Use Development” (referred to as “Objective Design Standards”) to ensure new development maintains the unique character and quality of design expected within the City of San Clemente, while providing the City an avenue to process permits for qualifying projects administratively; and WHEREAS, the City Council adopted the Housing Element Update on September 20, 2022 in accordance with State law and before the deadline of October 2022; and WHEREAS, the Department of Housing and Community Development (HCD) certified the City’s Housing Element on October 12, 2022; and WHEREAS, on September 20, 2022, as part of its action on the Housing Element, the City Council certified Program Environmental Impact Report SCH No. 2021020256 (“Housing Element and Safety Element EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS this Ordinance, through the Zoning Amendment attached as Exhibit A, amends the San Clemente Municipal Code (SCMC) by adding Chapter 17.26 and amending Sections 17.32.030, 17.36.020, 17.40.030, and 17.56.090 with Objective Design Standards, zoning table amendments, and a Housing Overlay, that implement the requirements of State housing laws and the City of San Clemente’s certified Housing Element to effectuate the City Council’s directives on the same; and WHEREAS, on September 27, 2023 and January 24, 2024, the Design Review Subcommittee (DRSC) conducted public hearings on the Housing Action Plan, focused on whether multiple drafts of the Objective Design Standards encompass all architectural features and design elements related to four architectural styles specified in the City’s Design Guidelines and Specific Plans, with specific numerical standards necessary to facilitate administrative review; and WHEREAS, on March 8, 2024, the Planning Commission conducted a duly noticed study session to consider a presentation by staff and public testimony concerning the Housing Action Plan items including the Objective Design Standards, zoning amendments, and the Housing Overlay; and WHEREAS, on May 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance, provided direction to staff, and continued the hearing; and WHEREAS, on October 2, 2024, the Planning Commission conducted the continued the public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance, and recommended that the City Council approve the Ordinance and amend the zoning code; and WHEREAS, on November 7, 2024, the City duly gave notice of a public hearing to be held by the City Council to consider this Ordinance by advertisement in a newspaper of general circulation; and WHEREAS, on November 19, 2024, the City Council City Council held a duly-noticed public hearing and heard and considered the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of 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.
Section 2. Compliance with the California Environmental Quality Act.
Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the City Council finds the SCMC amendments included in the Ordinance are exempt from CEQA and/or not subject to further environmental review pursuant to Public Resources Code (PRC) Section 21083.3 and CEQA Guidelines Section 15183, as well as Guidelines Sections 15060(C) and 15061(B)(3). Since the project would adopt development standards consistent with the land uses and development intensities analyzed in the certified EIR for the Housing Element Update, the SCMC amendments are eligible for the Community Plan exemption from CEQA pursuant to PRC Section 21083.3 and CEQA Guidelines Section 15183.
Additionally, the project is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the project is not subject to CEQA. The proposed zoning amendment involves a policy action that is administrative in nature, related to the requirements to implement Housing Element Programs. Therefore, it can be seen with certainty that there is no possibility that this project may have a significant effect on the environment and is not subject to CEQA. It is not possible to predict which properties in the City, if any, may be proposed to be developed with a project that is subject to the Objective Design Standards and Housing Overlay, whether any development or density will result from the proposed changes, whether any development or density will result that would not already have occurred under the existing Zoning Ordinance, whether any project may elect to submit eligible projects, or any possible significant environmental impacts peculiar to the adoption of the Housing Action Plan updates, and therefore will not result in any direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c).) Finally, the project can be seen with certainty based on review of the facts to have no possible significant effect on the environment, including impacts to water or traffic (CEQA Guidelines Section 15061(b)(3).) Section 3. Zoning Amendment Findings.
The City Council finds the following with respect to the Zoning Amendment ZA24-193 attached hereto as Exhibit A, amending the SCMC:
The Zoning Amendment is consistent with the General Plan, in that:
The Amendment improves the effectiveness of processes that directly implement goals and policies Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter including the Housing Element adopted in 2022) pursuant to Government Code Section 65860(c); The Objective Design Standards are consistent with the Land Use Element of the General Plan. Specifically, Land Use Element Policy LU-1.03 provides that the City should maintain neighborhood character by maintaining elements that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks. This Ordinance is consistent with—and effectuates—Policy LU-1.04 by ensuring that projects within the Housing Overlay implement designs to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following: a) varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b) building scale and massing that is compatible with existing development; c) use of extensive site landscaping to complement the architectural designs of structures; d) reduced area and width of paving in front yards for driveway and garage access; and e) location and design of garages so that they do not dominate the appearance of the dwelling from the street. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City.
The Ordinance is consistent with, and in furtherance of, the General Plan as it implements Housing Action Plan programs identified in the City’s Sixth Cycle Housing Element, including the Objective Design Standards, Housing Overlay expansion to include parcels previously identified in the Housing Element, and zoning land use table changes to authorize Qualifying Affordable Housing Development Projects and senior housing in medium and high density residential, commercial, and mixed-use zones.
The Zoning Amendment adopting the Objective Design Standards and amending the land use provisions of the zoning code as reflected in Exhibit A 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 Planning Commission’s review, direction, and independent judgement regarding land use. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.
Section 4. SCMC Code Amendments. Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein fully by reference.
Section 5. 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 6. 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.
APPROVED, ADOPTED AND SIGNED this ___ day of _____________, _______.
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. 1784 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 ________________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_______________, 2024 __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
___________________________
Elizabeth A. Mitchell, City Attorney
Ordinance 1784 Page 2 Attachment 1