17.56.130 – Gateway Overlay.
Purpose and Intent. It is the purpose and intent of the Gateway Overlay [GO] to provide an option of increasing the development potential (see Incentives) for the establishment of Commercial or Mixed-Use projects which provide enhanced community benefits. Successful projects will benefit the entire community through public benefits and revenue generation that can be used to provide public safety services, maintenance of community resources, and economic development support.
Applicability. The provisions in this section apply to properties within Gateways as defined and identified within the General Plan. Refer to Figure UD-1 within the Urban Design Element. Projects that provide Community Benefits (C) are eligible for Project Enhancement Incentives (D). An applicant for a Project Enhancement Incentive pursuant to subdivision (D) may submit a proposal for the specific incentive(s) that the applicant requests pursuant to this Section. The City shall not be obligated to grant the incentive(s) requested by the applicant if the City makes a written finding of any of the following:
The incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
The incentive would be contrary to state or federal law.
The incentive would not be in the best interest of the City of San Clemente and use of the property in accordance with the underlying zone would be more consistent with the established goals and policies of the City.
Community Benefits. The following Community Benefits are desirable to the City of San Clemente. Inclusion of these benefits (C.1) warrant consideration of Project Enhancement Incentive(s).
Recognized Community Benefits:
Surplus parking or shared parking for public use;
Multi-modal facilities, including bike or NEV parking;
Public access spaces (minimum 1000 square feet), open to the general public during business hours, such as a courtyards or rooftop decks; Public art, such as large sculptures or murals;
Reduction or removal of curb cuts that improve pedestrian environment and/or provide new on-street parking; Contribution to the City’s Trolley Program;
Contributions to unfunded City Capital Improvement Projects within a half mile of the project site; Easements to establish new sidewalks or bike lanes;
A use that generates Transient Occupancy Tax;
Other Community Benefits. An alternative community benefit may be proposed by the applicant. The City may accept the proposed community benefit if it is determined that the community benefit is significant enough to warrant the allowance of a Project Enhancement Incentive similar to other community benefits referenced in this subsection.
Project Enhancement Incentives. Projects that provide community benefits may request incentives per subsection (C) via a Conditional Use Permit. Incentives may include:
Expedited Processing. Project applications in the Gateway Overlay area will be given high priority by staff and scheduling priority by the Planning Commission or any other body reviewing the application.
Unclassified Land Use. A project may include a use not classified within the underlying zone so long as the following additional findings are met demonstrating that the proposed use is:
Consistent with the purposes of the Gateway Overlay;
Consistent with the general character of surrounding land uses; A specific type of commercial use that does not exist elsewhere in the city; and A mixed-use project that provides both commercial and residential compatible uses.
Permit Fee Reductions. Incentives can be used to reduce permit fees on a proportional basis established by the City Council.
Reduced Set Backs. In order to properly accommodate traffic patterns, improve the safety of pedestrian facilities, and expand vehicular site lines, the placement of structures on the site is critical. Projects in the Gateway Overlay area can be modified when it can be demonstrated that reduced setbacks can improve the overall site design.
Roof top decks and patios. Structures in the Gateway Overlay area may implement a roof top deck or patio that exceeds the allowable building height provided the following regulations are satisfied:
The surface on which the roof top deck or patio is situated must be in compliance with all other height requirements of the underlying zoning district or Specific Plan.
The roof top deck or patio may not be enclosed, except that an enclosed kitchen or bar area may be allowed that is demonstrated to be no larger than necessary to serve the roof top deck or patio area; an elevator shaft providing access to the roof top deck or patio may be enclosed; and bathrooms no larger than necessary to serve the roof top deck or patio area may be enclosed.
All enclosed areas allowed above must incorporate the architectural features employed in the remainder of the building.
A roof top deck or patio must be situated in a manner that allows the intended locational enhancement, such as ocean views, that will minimize impacts on surrounding properties.
Sound walls and noise attenuation devices. Projects may incorporate sound attenuation devices to reduce impacts from freeway noise and dust on applicable commercial projects; Maintenance of nonconforming status. Repairs, alterations, or expansions of nonconforming structures shall not be restricted.
Other Incentive. An alternative incentive may be proposed by the applicant. The City may accept the proposed incentive if it determines that the incentive has greater public benefit in the site specific considerations than the other incentives referenced in this subsection.
Calculation of Incentives: The applicant shall demonstrate that the significance of the Community Benefits provided as part of the proposed project are commensurate to the Incentive(s) requested. The demonstration of this comparison shall include evidence or documentation substantiating the significance of the Community Benefits provided and Project Enhancement Incentives requested. The applicant shall receive the following number of Project Enhancement Incentives:
One incentive for projects that provide at least two community benefits.
Two incentives for projects that provide at least four community benefits.
Three incentives for projects that provide at least six community benefits.
Attachment 3