Agenda packet — San Clemente City Council, March 18, 2025 (part 2 of 4)

Because the HOA and certain Delicada homeowners refuse to comply with the recorded Supplemental CC&Rs which were required as part of the City's approval process, the City must consequently step in for enforcement purposes. The City has the auth01ity under its prior approval and as recorded in the CC&Rs to enforce the restriction.

As the approving body for Tract No. 8963, the City has enforcement authority to remedy the violation of the CC&Rs caused by the overgrown trees on Delicada Specifically, the City can and should compel the Broadmoor HOA to enforce the CC&Rs because the height restrictions were specifically imposed on the 19 lots on Delicacla by the City as a condition for the subdivision approval. A local government agency that grants entitlements for development on condition that the developer record specific restrictions regarding the use and occupancy of the project, has the authority to enforce the restrictions and to enjoin a violation that would be contrary to the restrictions of the approval. (See, e.g., Ojavan Investors, Inc. v. Califom-ia Coastal Commission (1994) 26 Cal.App.4th 516, 526 [noting Coastal Commission authority to obtain an injunction and recover civil penalties and fines from any person who violated restrictions in a declaration of restrictions imposed by the Commission as a condition to a development permit]; and Santa Clara v. Paris (1977) 76 Ca1.App.3d 338, 342 [city had the legal ability, in its own right, to bring an action to enforce a condition to a variance granted to the violating party].) Here, because the City required the CC&Rs to include the height restriction as a condition of approval for Tract No. 8963, the City can enforce the restriction against the Delicada Homeowners and/or compel the Broad.moor HOA to enjoin the violation.

The City may also remedy the issue of the overgrown trees on Delicada under the City Municipal Code's provisions. Chapter 8.52 of the City Code defines a public nuisance as "[a]nything which is ... an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons ... " (City Code, § 8.52.010.) The City Code specifically discusses overgrown vegetation "causing detriment to neighboring properties or property values" as a public nuisanc_e. (City Code, §

8.52.030, subd. (G)(2).) The overgrown trees interfere with the Felicidad Homeowners' enjoyment of their properties because their ocean views are obstructed by non-compliant neighbors on Delicada. Indeed, ocean views are a significant consideration in assessing the value of properties located near the coastline, and as a coastal city, San Clemente has acknowledged this fact in its City Code. Therefore, because the City has a direct interest in ensuring its laws are complied with, an enforcement action under the public nuisance theory is appropriate.

The Claimants have suffered damages, and continue to suffer damages in excess of the· jurisdiction of the Superior Court.

The City Attorney, Scott Smith, and the City Staff identified in the attached correspondence are, to Claimants current understanding, familiar with some of the facts su11"ounding this claim.

The Bucks and other Felicidad homeowners have tried to resolve this tree height dispute amicably with their neighbors on Delicada for three years. The Buck's situation is not unique as 103
85 City Clerk
City of San Clemente
May 17, 2021

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there are multiple Felicidad neighbors who have similar challenges with their Delicada neighbors. All 19 homes in Tract 8963, Delicada, need the City to enforce the 17-foot, treeheight limit in accordance with the recorded CC&Rs. Currently there are nine Delicada homeowners that are not in compliance with the height restriction.

The City told the Felicidad homeowners that the City would enforce the height restriction. Thus, the City has the obligation to take action to remedy the situation so that further litigation and conflict between neighbors may be avoided.

We, therefore, request that the City exercise its enforcement powers. The City can enforce the height restriction very easily. The City can simply send a code enforcement letter to the nine Delicada neighbors and the Broadrnoor HOA to cut the trees. If they refuse, the City has the right to enforce the height restriction and obtain its attorney fees and costs from the violators.

We appreciate your consideration of this matter and look forward to hearing from you. If the Council needs any additional information, please contact us. Please send all responses and communication to this office.

Very truly yours,
Michael L. Tidus
Enclosures
cc: Scott C. Smith, Esq.* ([email protected])
City Councilmembers*
*via email and U.S. Mail
1518366.3
104
ATTACHMENT 8
86 Indian Wells
(760) 566-2611
Irvine
{949) 263-2600
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Scott C. Smith
(949) 263-6561
[email protected]
File No. 55452.01100
BEST .B EST & KRJllEGlER ::

ATTOR N F.l' S .\T L AW
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Phone: (949) 263-2600 I Fax: (949) 260-0972 I www.bbklaw.cotn June 30, 2021
VIA FIRST CLASS MAIL AND EMAIL TO: MTllDUS@JACl(SONTIDUS.LAW Michael L. Tidus, Esq.

Jackson Tidus
2030 Main Street, 12th Floor
Irvine, CA 92614
Riverside
(951) 686-1450
Sacramento
{916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Re: Broadmoor San Clemente Community Association and Calle De]icadaTract No. 8963 Dear Mr. Tidus:

On behalf of our client, the City of San Clemente. this letter responds to your conespondence of May 18, 2021 with regard to issues on Calle Delicada, Tract No. 8963. The City Council discussed the matter 1n dosed session on June 1, 2021, considered your letter and the attached exhibits. The Council declined the request to intervene in the matter, except to reiterate the City's commitment to full cooperation to facilitate and expedite any access or permits necessary to accomplish the work in question.

Please contact me with any questions.

Sincerely,
I .) . . ,· ._ ~ t-f __ »L.r ✓ ~ , \~~l~::_~~
Scott C. Smith
City Attorney, City of San Clemente
SCS:nrw
cc: Erik Sund, City Manager
Community Development and Public Works Directors
5545:!.01100\34066782.3

EXHIBIT H
105
ATTACHMENT 9
87 SUPERIOR COURT OF CALIFORNIA,

COUNTY OF ORANGE

CENTRAL JUSTICE CENTER

MINUTE ORDER
DATE: 02/09/2024 TIME: 02:34:00 PM
JUDICIAL OFFICER PRESIDING: John C. Gastelum
CLERK: J. Roa
REPORTER/ERM: None
BAILIFF/COURT ATTENDANT:

DEPT: C11
CASE NO: 30-2019-01086744-CU-BC-CJC CASE !NIT.DATE: 07/29/2019 CASE TITLE: Buck vs. Garruba
CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty EVENT ID/DOCUMENT ID: 7 4227192
EVENT TYPE: Chambers Work

APPEARANCES
There are no appearances by any party.

The Court having fully considered documents submitted, now makes the following ruling as attached hereto and incorporated herein by reference.

Statement of Decision signed and filed this date, a copy is attached hereto.

Court orders Clerk to give notice.

DATE: 02/09/2024
DEPT: C11
MINUTE ORDER Page 1
Calendar No.

EXHIBIT I
106
88 30-2019-01086744
PAUL BUCK VS. ANGELO GARRUBA AND LISA GARRUBA
Statement of Decision
A bench trial was held in the above-referenced matter on February 1, 2, 3, 9 and 10, 2023. The court heard all the evidence, am~ closing arguments were submitted in written form, pursuant to a briefing schedule. The Court then issued its Tentative Decision. At trial, the parties requested a statement of decision. To the extent that request purports to ask this Court to decide alleged "controverted issues" that are not outcome determinative, the request is denied. Plaintiff filed objections regarding the Proposed Statement of Decision. The Court has considered and will overrule those objections, and now adopts the Proposed Statement of Decision as its final Statement of Decision.

Defendants are directed to prepare a proposed judgment consistent with this decision and serve it on opposing counsel within 10 days of this statement of decision.

GE OF THE SUPERIOR COURT
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89 , Elec onically Received by Superior Court of California, County of Orange, 07/07/2023 10:36:00 AM. 30-2019-0108 44-CU-BC-CJC - ROA# 426 - DAVID H. YAMASAKI, Clerk of the Court By 0. Saldivar, Deputy Clerk. 1 2
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Stephen G. Hammers, Esq. (SBN 155740)

HAMMERS LAW PC
1601 Dove Street, Suite 120
Newport Beach, California 92660-2410
Telephone: (949) 783-5143
Facsimile: (949) 783-5144
Email: stephen. [email protected]
Attorneys for Defendants,
ANGELO GARRUBA and LISA GARRUBA
FILED

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

CENTRAL JUSTICE CENTER
FEB O 9 2024
DAVID H. YAMASAKI, Clerk of the Court
BY._· _____ _
,DEPUTY

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
PAUL BUCK, an individual,
Plaintiff,
vs.

ANGELO GARRUBA and LISA
GARRUBA and DOES 1 to 20,
Defendants.
) Case No.: 30-2019-01086744-CU-BC-CJC
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Assigned for All Purposes to
Hon. John G. Gastelum, Dept. CJ I
lllUA?.~ STATEMENT OF

DECISION
Trial Date: February 1, 2023
Time: 9:00 AM.

Dept: Cll
The above-captioned matter convened for trial on February 1, 2, 3, 9 and 10, 2023 in Department C 11 of the Orange County Superior Court, the Honorable John G. Gastelum presiding as judge without a jury. Plaintiff Paul Buck ("Plaintiff') was represented at trial by Gregory Regier and Stephanie Talavera of Jackson, Tidus, and Defendants Angelo and Lisa Garruba ("Defendants") were represented by Stephen G. Hammers of Hammers Law PC. The court heard all the evidence, and closing arguments were submitted in written form, - 1-
l'!l."1 MtID STATEMENT OF DECISION
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90 1 pursuant to a briefing schedule, with the matter being submitted on April 10, 2023. At trial, 2 the parties requested a statement of decision. To the extent that request purports to ask this 3 Court to decide alleged "controverted issues" that are not outcome determinative, the request 4 is denied.
5 Plaintiff brought this action against Defendants to enforce an equitable servitude, and for 6 promissory estoppel, nuisance, and declaratory relief. Before trial, a demurrer to the second 7 cause of action for promissory estoppel was sustained without leave to amend for failure to state 8 facts sufficient to maintain a cause of action.
9 Three causes of action remain at issue in the First Amended Complaint ("F AC"): ( 1) the 10 First Cause of Action for Enforcement of an Equitable Servitude, (2) the Third Cause of Action 11 for Nuisance, and (3) the Fourth Cause of Action for Declaratory Relief. The parties agreed 12 certain issues within the First and Fourth Causes of Action should be bifurcated and should be 13 tried first as a court trial. They also agreed that the resolution of the equitable causes of action 14 and/or issues would promote the ends of justice and serve economy and efficiency in handling 15 the case. The parties disputed what the equitable issues from the First and Fourth Causes of 16 Action should be. The Court modified the issues to be bifurcated and tried first by way of a 17 bench trial as follows:
18 1. Whether Plaintiff Paul Buck has an enforceable, equitable servitude over Defendants 19 Angelo and Lisa Garruba's property in the form of the height restriction prohibiting structures 20 and vegetation over 17 feet high.
21 2. Assuming Plaintiff has an equitable, enforceable servitude in the form of the height 22 restriction prohibiting structures and vegetation over 17 feet high, whether Plaintiff Paul Buck 23 has standing to enforce said equitable servitude.
24 Accordingly, this first phase of the trial involved only the above-listed claims for 25 equitable relief.
26 Plaintiff lives one block away and uphill from Defendants. Both homes are located in the 27 City of San Clemente ("City") on a hillside facing the ocean. Plaintiff contends that, when the 28 City approved the Broadmoor homes development, including Defendants' home, it conditioned -2-
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91 1 that approval on the adoption of a height restriction that protected the views of the existing 2 homes on his street, Calle Felicidad. That restriction limited the height of trees and other 3 structures to a maximum of 17 feet. According to Plaintiff, the City required that the height 4 restriction be included in the CC&Rs. Per Plaintiff, Defendants has allowed four palm trees on 5 their property to reach a height more than 17 feet, and these trees now block a significant portion 6 of his ocean view. Plaintiff asks that the trees to be removed or cut down to the permitted height, 7 and to ensure Defendants do not violate this restriction by adding any other tall trees. 8 Defendants note they bought their house - with the palm trees already in place- back in 9 December 2013. Because they value these trees, they engage in regular trimming and 10 maintenance. According to Defendants, Plaintiff demanded that they simply remove their trees, 11 as opposed to merely cutting or trimming them. Because only dues-paying members of the 12 Broadmoor HOA can enforce the CC&Rs' height restriction, and Plaintiff does not live in their 13 HOA, pay dues, or live by the HOA's restrictions, he cannot enforce the CC&Rs. Noting the 14 HOA had not required them to cut down their trees, and the HOA's lawyer rejected a demand 15 from Plaintiffs lawyers to do so, they argue they are not in violation of any restriction and 16 should not have to remove or trim their trees.
17 FACTS
18 Defendants' home is located within a planned community developed by Broadmoor 19 Homes, Inc. ("Broadmoor") in the early 1970s. The Broadmoor community is governed by a 20 homeowners' association and a set of covenants, conditions and restrictions ("CC&Rs"). 21 Broadmoor recorded a Master Declaration of Covenants, Conditions and Restrictions 22 ("Master CC&Rs") on August 19, 1974. 1 (Trail Exhibit ("TE") 16.) The Broadmoor San 23 Clemente Community Association (the "HOA") enforces the restrictions set forth in the Master 24 CC&Rs. "Supplementary CC&Rs" were enacted in 1976 governing the homes on Calle 25 Delicada, including the home now owned by Defendants (the "Supplementary CC&Rs"). (TE 26 26.) The Master CC&Rs include definitions of important terms. For example, Article I, sections 27 28 1 The parties stipulated to admissibility of several exhibits, both by way of agreements noted directly on their exhibits list, and a "Further Stipulation re Admissibility of Trial Exhibits" filed February 8, 2023. The court issued a Minute Order dated February 10, 2023 accepting the stipulation. -3-
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92 1 5 and 7 provide that an "Owner" of a "Lot" is the record owner offee simple title to any 2 "numbered plot of land shown upon any recorded subdivision map" of the Broadmoor 3 community. (TE 16, p. 2.) Plaintiff does not reside in the Broadmoor community. His home is 4 located one block outside the Property on Calle Felicidad. His property sits at a higher elevation, 5 separated from Defendants' home by a city street (Calle Delicada), a long, sloping hill leading 6 down from his residence to Calle Delicada, and a strip of "common area" property between his 7 property and Calle Delicada. (TE 206, p. 8.)
8 By its own express terms, the Master CC&Rs contain a provision indicating the 9 "servitude" created by the CC&Rs benefits only the Association, the Owners and the Developers 10 of Association property. Article X, section I provides in pertinent part as follows:
11 "Section 1. Duration. The Covenants, conditions and restrictions of this 12 Declaration shall run with and bind the real property within Broadmoor San Clemente, 13 and shall inure to the benefit of and be enforceable by the Association, or the Owners, 14 including Developer, their respective legal representatives, heirs, successor, and assigns, 15 and are imposed upon the real property within Broadmoor San Clemente as a servitude in 16 favor or each parcel ofland therein as a dominant tenement..." (Master CC&Rs, Art. X, 17 Sec. l.) (TE 16, p. 18.)
18 Additionally, Article X, section 4, labelled "Enforcement," provides as follows:
19 "Section 4. Enforcement. Violation or breach of any covenant, condition or 20 restriction herein contained shall give to the Developer, so long as it is an Owner of at 21 least twenty-five percent (25%) of the Lots, or the Association, the right to enter upon the 22 property upon or as to which said violation or breach exists and to summarily abate and 23 remove, at the expense of the Owner thereof, any structure, thing or condition that may 24 exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall 25 give to the Association or the Owner of any Lot, including Developer, the right to 26 prosecute a proceeding at law or in equity against the person or persons who have 27 violated or are attempting to violate any of these covenants, conditions or restrictions to 28 -4-
Ji(th Ofili.D ST A TEMENT OF DECISION
111
93 enjoin or prevent them from doing so, to cause said violation to be remedied or to recover 2 damages for said violation." (Master CC&Rs, Art. X, Sec. 4.) (TE 16, p. 18.) 3 The Master CC&Rs include a height restriction for all the Broadmoor homes, as follows:
4 "Section 22. No building, structure, improvement or addition ( excluding 5 chimneys and roof vents) shall be constructed, erected, altered, placed or permitted to 6 remain on any portion of the Property which exceeds one story in height with a maximum 7 height of 17 feet. No tree, bush or shrub shall be placed or maintained. upon (i) any Lot 8 described in Exhibit "A", attached hereto and incorporated herein by reference, which 9 exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet 10 in height." (Master CC&Rs, Art. VII, Sec. 22.) (TE 16, p. 15.) 11 The Supplementary CC&Rs expressly incorporate the Master CC&Rs, providing, "The 12 Property is hereby made subject to all the terms, covenants, conditions and provisions as set forth 13 in the Master Declaration, and specifically pursuant to Section 2 or Article II of such Master 14 Declaration, to all intents and purposes as though the Property were part of the Master 15 Declaration." (Supplementary CC&Rs, p. 1, sec. 1.) (TE 26, p. 1.) 16 The Supplementary CC&Rs include a height restriction nearly identical to that in the 17 Master CC&Rs. (Supplementary CC&Rs, p. 2, Sec. 3.) (TE 26, p. 2.) Thus, the Developer 18 incorporated the height restriction from the Master CC&Rs into the Supplementary CC&Rs. 19 Defendants are dues-paying members of the Broadmoor Association, and the Broadmoor 20 CC&Rs govern their property on Calle Delicada. They pay assessments to the Association. 21 Plaintiff purchased his home on Calle Felicidad, a block outside the Broadmoor Association, in 22 1987. He has never paid dues to the Broadmoor Association. Plaintiffs property overlooks 23 Broadmoor Association property, including Defendant's home. Plaintiff visited Defendant's 24 home one night in December 2014, a bottle of wine in tow, ostensibly to compliment Defendants 25 on their Christmas lights, including various lights strung across the palm trees at issue here. (TE 26 212.) The parties exchanged pleasantries and discussed getting together on another occasion. 27 Over time, other relatively brief meetings between the parties occurred, involving social 28 conversations unrelated to the trees.
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M8,U~T ATEMENT OF DECISION
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94 1 Sometime in 2019, Plaintiff arrived at Defendants' home and directed them to "do 2 something" about their trees, claiming they impacted his ocean view. Defendants noted they 3 regularly trimmed their trees and were not inclined to remove them. A short time later, on June 4 18, 2019, Plaintiff sent a forceful letter, now insisting that they should remove the trees 5 altogether. (TE 61.) Defendants refused.
6 Approximately one year earlier, Plaintiff had his attorneys send a letter to the City 7 Attorney for San Clemente, asking the City to take action regarding the trees. The City declined 8 to do so.
9 Next, counsel for Plaintiff sent a letter to HOA Attorney Josh Smisko at the firm of 10 Hickey & Associates. That letter demanded that "as the enforcement authority for the homes on 11 Calle Delicada violating the height restriction in the CC&Rs, we expect that the Broadmoor 12 Association will take action to remedy the situation so that litigation can be avoided." Smisko 13 rejected this demand, noting Plaintiffs residence was located outside ofBroadmoor, and his lack 14 of standing under the Davis Stirling Act. Smisko noted only HOA members can enforce 15 Broadmoor's CC&Rs, and no member or the HOA itself had ever demanded that Defendants cut 16 or remove their trees. Daniel Hoon, President of the Broadmoor HOA testified at trial and 17 confirmed this was the case. This lawsuit followed.
18 ISSUES
19 First COA (to Enforce an Equitable Servitude): At trial, Plaintiff argued the City had, 20 many years earlier, conditioned approval of Broadmoor's development on the adoption of a 21 height restriction to protect existing homeowner views. CC&Rs were to be enacted incorporating 22 this agreement. The problem is this - by its express terms, the Master CC&Rs contain a standing 23 provision (the enforcement section). (Master CC&Rs, Art. X, Sec. 4.) (TE 16, p. 18.) Pursuant 24 to those terms, Plaintiff lacks standing to enforce any provision of these CC&Rs, including the 25 height restriction. Based on the evidence, the Court finds Plaintiff has no enforceable equitable 26 Equitable servitudes permit courts to enforce promises restricting land use when there is 27 no privity of contract between the party seeking to enforce the contract and the party resisting 28 enforcement. Like any promise given in exchange for consideration, an agreement to refrain -6-
/Ul(i)P~ STATEMENT OF DECISION
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95 1 from a particular use of land is subject to contract principles, under which courts try 'to effectuate 2 the legitimate desires of the covenanting parties. When landowners express the intention to limit 3 land use, that intention should be carried out. (Nahrstedt v. Lakeside Village Condominium Assn. 4 (1994) 8 Cal.4th 361, 375.) An equitable servitude is a legal term that is used, in the context of 5 real property, to describe a non-possessory interest in land that operates much like a covenant 6 running with the land. In other words, it operates very much like a restriction on the use of land. 7 Indeed, in certain situations, if restrictions on the use of property do not meet the 8 requirements of covenants running with land, they still may be enforceable as equitable 9 servitudes. In other words, courts can enforce promises regarding the use of land "even though 10 the person who made the promise has transferred the land to another." (Cebular v. Cooper Arms 11 Homeowners Ass'n (2006) 142 Cal.App.4th 106, 122, citing Marra v. Aetna Construction Co. 12 (1940) 15 Cal.2d 375, 378.) The underlying idea behind equitable servitudes is that "a 13 landowner's promise to refrain from particular conduct pertaining to land creates in the 14 beneficiary of that promise 'an equitable interest in the land of the promiser."' (Ibid.) 15 Equitable servitudes can be created either by deed, lease, or any written agreement been 16 the landowners. (See, Riley v. Bear Creek Planning Committee (1976) 17 Cal.3d. 500, 512 17 [ deed]; see also, Hudson Oil Co. v. Shortstop (1980) 111 Cal.App.3d 488, 494-495 [lease]; see 18 also Wayt v. Patee (1928) 205 Cal. 46, 48 [contract].) They cannot be oral. Importantly, for an 19 equitable servitude to be recognized, "the person bound by the restrictions [ must have] had 20 notice of their existence." (Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 21 361, 3 7 5 citing Riley, supra, 17 Cal.3d at 507.)
22 The doctrine of equitable servitudes makes enforceable at equity a covenant appurtenant 23 to other benefited property that might be otherwise unenforceable. (Marra v. Aetna Const. Co. 24 (1940) 15 Cal.2d 375, 378-379.) "A covenant running with the land is created by language in a 25 deed or other document showing an agreement to do or refrain from doing something with 26 respect to use of the land. [Citation.] An equitable servitude may be created when a covenant 27 does not run with the land but equity requires that it be enforced." ( Committee to Save Beverly 28 Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n (2001) 92 Cal.App.4th 1247, 1269 -7-
,'lJHJRQ.ljjl,STATEMENT OF DECISION
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96 1 (Beverly Highlands); see Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 2 354-355.) Equitable servitudes are enforceable "although they benefit or restrict only a single 3 parcel ofland." (Marra, supra, at p. 378.)
4 Plaintiffs home is located at 203 Calle Felicidad in San Clemente. (Plaintiffs First 5 Amended Complaint ("FAC"), ,r 16.) In plaintiffs original complaint, he admitted his home was 6 one of several on Calle Felicidad not situated in the Broadmoor development, it "is not governed 7 by the Broadmoor Association," and it "is not subject to the Broadmoor CC&Rs." (Complaint, 8 ,r,r 11, 19.) The F AC alleges that in 1973, Broadmoor commenced development of 19 homes on 9 Calle Delicada - including defendants' home - and a group of homeowners located uphill from 10 these new homes, including Plaintiffs' predecessor, formed a neighborhood group to file a 11 petition to protect existing ocean and coastal views. (FAC, ,r~[ 22-29.) Numerous meetings with 12 the City Council for San Clemente and the Planning Commission occurred. (FAC, ,r,r 30-40.) 13 The FAC alleges that "[p]rotecting the existing ocean and coastal views from Calle Felicidad 14 was a key consideration in allowing the l 9 lots on Calle Delicada to be developed because the 15 homeowners on Calle Felicidad were assured that height protections would be included as part of 16 the CC&Rs, which were required by the City as a condition ofapproval. The height limit would 17 be imposed for the benefit of the uphill landowners on Calle Felicidad." (FAC, ,r 47.) The FAC 18 alleges Broadmoor made certain properties within the Broadmoor Community subject to the 19 Master CC&Rs, recorded on 8-19-74. (FAC, ,r 50.)
20 The FAC also alleges that to ensure the 19 lots on Calle Delicada would also be subject 21 to the CC&Rs, Broadmoor executed a Supplementary Declaration of Covenants, Conditions and 22 Restrictions, dated 1-16-76, and these CC&Rs include the Height Restriction that applies to 23 homes on Calle Delicada, i.e., no tree shall be placed or maintained which exceeds 20 feet in 24 height. (FAC, ,r,r 50-53.) The F AC further alleges the restriction approved by the City, including 25 those benefitting the Calle Felicidad Homeowners, were to be recorded as covenants against the 26 Calle Delicada homes. (F AC,, 55 .)
27 Moreover, the F AC alleges plaintiff is "an intended successor beneficiary of the Height 28 Restriction because he is an adjoining landowner and the support of his predecessor owner was -8-
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97 necessary to build the Calle Delicada homes, including Defendants' home." (FAC, ,r 58.) The 2 F AC alleges there is a right to an unobstructed view that may be created by private parties 3 through the adoption of CC&Rs. (F AC, ,r 66.) It also alleges the Height Restriction is recorded 4 against defendants' property which is sufficient notice to permits its enforcement. (F AC, ,r 67.) 5 Additionally, the FAC alleges the City imposed certain conditions on its approval of the 6 Calle Delicada lots and required Broadmoor to include the Height Restriction in the written 7 covenants to be recorded against the new homes." (F AC, ,r 68.) And "Broadmoor recorded the 8 Height Restriction against the Calle Delicada properties as an equitable servitude in order to 9 ensure that Calle Felicidad Homeowners' views would be obstructed or compromised by the 10 development of the downhill homes," that the "Calle Felicidad Homeowners became intended 11 beneficiaries of the equitable servitude created by Broadmoor and obtained an equitable interest 12 in ensuring the Calle Delicada homeowners complied with the Height Restriction recorded 13 against their properties." (F AC, ,r,r 71-73.) Defendants had notice of the equitable servitude 14 when they purchased their home. (FAC, ,r 79.)
15 Defendants purchased their home on Calle Delicada in San Clemente, California in 16 December 2013. (Trial Transcript, Day 3 ("3 TT") 72:21-26.) Plaintiff contended at trial that 17 certain palm trees on Defendants' property are blocking a portion of the view from the rear of his 18 home. Defendants testified that these trees were not planted by them, but by the previous owners 19 of their home. (3 TT 55:11-17.)
20 Based on the evidence offered at trial, Plaintiff argues his ocean views are protected in 21 perpetuity as against unnamed residents in the neighboring Broadmoor Community. The 22 argument is premised on, for the most part, decades-old City Council minutes and related 23 correspondence between various Calle Felicidad homeowners and the Broadmoor developers. 24 Given the lengthy passage of time, no one from the City of San Clemente was available to appear 25 and explain these Minutes. The sole City representative who appeared, Cecelia Gallardo Daly, 26 admitted she knew nothing about the City's actions regarding this issue in the l 970's. 27 Plaintiff contends these documents and other comments at various city council meetings 28 formed an "equitable servitude." But the express, recorded provisions approved by the City -9-
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98 1 suggest otherwise, as they limit enforcement of the height restriction to home owners within the 2 Broadmoor community. The Court finds the express recorded provisions must prevail. No 3 recorded document indicates the City ever granted any rights in perpetuity either to all of 4 Felicidad, or specifically to BUCK's property.
5 Minutes for the City Council meeting on January 10, 1973, held before any CC&Rs were 6 approved, indicate enforcement rights belonged to those living within the community: "[A]fter 7 the tract is developed, the control of the CC&R's would be turned over to a group comprised of 8 homeowners in the development." (TE 5, p. 4.) Whatever concerns were expressed by the 9 Felicidad homeowners as to protecting their views, it appears the City Council decided it would 10 be the Broadmoor residents who would ultimately possess the authority to enforce the height 11 restriction. The CC&Rs themselves, after all of these meetings and discussions, limited dominant 12 tenements to the Broadmoor homeowners, and limited enforcement to them as well. Consistent 13 with this position is the City's global refusal to restrict views. At trial, Daly confirmed the City's 14 Municipal Code imposes no restrictions regarding views. In fact, it appears the City has never 15 restricted views, and as recently as October 2022, rejected a proposal to protect views. (1 TT 16 136:21- 137:6.) Again, pursuant to the Broadmoor CC&Rs, the only recorded document on this 17 issue, enforcement rights as to the height restriction are limited to the developer, the HOA, and 18 Broadmoor HOA members. (1 TT 117:17 - 22.)
19 At trial, witness and former property owner Sally Sargent admitted she knew the CC&Rs 20 containing the height restriction did not apply to her, and she needed "another restriction," but 21 never received one. The only restriction she was aware of was the one located in the CC&Rs. (1 22 TT 178: 1 - 26.) Plaintiff offered no explanation as to why the recorded CC&Rs allow only the 23 HOA and Broadmoor residents to enforce tree height regulations, as opposed to any homeowners 24 located outside association limits. Thus, regardless of discussions within various City Council 25 minutes, neither the City nor the Developer recorded any document granting enforcement rights 26 to Felicidad homeowners. Worthy of note, the City attorney was involved in the approval process 27 for this development, and yet no recorded rights were granted to any property owners on 28 Felicidad.

Mtn 0:'fffl STATEMENT OF DECISION
117
99 1 Authorities discussing the issue note the necessity of a recorded document, identifying 2 the benefitted and burdened properties, to establish an equitable servitude. (Civ. Code§ 1468, 3 Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361, 375; 6 Miller & Starr, 4 Cal. Real Estate (4th ed. 2019) § 16:12, "Creation-Description of the dominant tenement.") 5 Plaintiff relies on authorities requiring only two elements- notice and the possibility of an 6 "inequitable result." (Plaintiffs Closing Brief, p. 19, 11. 7 -13, citations omitted.) But none of 7 these cases involve a nonmember's attempt to enforce HOA CC&Rs against a member, where 8 such enforcement rights are expressly limited to members of the HOA. 9 Here, the CC&Rs expressly define dominant tenements as Broadmoor owners. The cases 10 Plaintiff cites do not involve these critical facts. Second, it is well settled that there is no "right to 11 a view." (Boxer v. City of Beverly Hills (2016) 246 Cal.App.4th 1212, 1219; Posey v. Leavitt 12 (1991) 229 Cal.App.3d 1236, 1250.) Thus, cases dealing with height restrictions require far more 13 than mere "notice" and an "inequitable result" if plaintiff seeks rights under a recorded 14 restriction. For example, Pacifica Homeowners' Assn. v. Wesley Palms Retirement Community 15 (1986) 178 Cal.App.3d 114 7 holds that if a court is going to entertain evidence on "conditions of 16 approval" to establish an enforceable height restriction on a view, the language of the restriction 17 determines the right of enforcement. Also, Plaintiff is not in the same position as Sally Sargent, 18 the person claiming to have received the benefit of the original promise. Plaintiffs home has 19 been sold at least twice since she owned it. As such, his case is even more dependent upon the 20 language of the restriction. At most, Sally Sargent would have had a "personal covenant," an 21 interest Plaintiff cannot enforce. (See, Miller & Starr, supra, Cal. Real Estate ( 4th ed. 2019) § 22 16: 12.)
23 Plaintiff suggests the element of "notice" has been met here because Defendants were on 24 notice of their obligations within their community, by virtue of the height restriction provisions 25 set forth within the Broadmoor CC&Rs. But the notice of their obligation to their neighbors 26 within their HOA is not notice that persons living outside the community can enforce any of 27 those rights against them. Along these lines, Civil Code sections 1468 proves that notice of the 28 identity of the "dominant tenement" is imperative. Similarly, decades-old city council minutes -11-
P~~ 006~ STATEMENT OF DECISION
118
100
would not provide constructive notice to a prospective buyer, who would have no obligation to 2 search through them. Even assuming such a search, it is just as likely that such a purchaser 3 would find the comment that control of the CC&R's would be turned over to "a group comprised 4 of homeowners in the development" as that he/she would find discussions or complaints between 5 Sargent and the City. (TE 5, p. 4.)
6 In sum, the Court finds Plaintiff has no enforceable, equitable servitude over Defendants' 7 property in the form of the height restriction prohibiting structures and vegetation over 17 feet 8 high. All that remains is the height restriction set forth within the CC&Rs. 9 Standing To Enforce Equitable Servitude: "At its core, standing concerns a specific 10 party's interest in the outcome of a lawsuit. [Citations.]" (Weatherford v. City of San Rafael 11 (2017) 2 Cal.5th 1241, 1247.) "Standing is a threshold issue necessary to maintain a cause of 12 action, and the burden to allege and establish standing lies with the plaintiff. [Citations.]" 13 (Mendoza v. JPMorgan Chase Bank, NA. (2016) 6 Cal.App.5th 802, 810.) Under Code of Civil 14 Procedure section 367, "'[o]nly a real party in interest has standing to prosecute an action, except 15 as otherwise provided by statute."' (Summers v. Colette (2019) 34 Cal.App.5th 361, 367.) 16 Article X, sections 1 and 4 of the Master CC&Rs expressly limit the right of 17 enforcement to the Association, the owners of separate interests and the developer. (TE 16 & 18 201, p. 18.) These enforcement provisions ofBroadmoor's CC&Rs mirror the standing limitation 19 at Civil Code section 5975, entitled, "Covenants and restrictions in declaration as equitable 20 servitudes; enforcement; alternative dispute resolution." The pertinent part provides: "The 21 covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless 22 unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the 23 development. Unless the declaration states otherwise, these servitudes may be enforced by any 24 owner of a separate interest or by the association, or by both." (Civ. Code§ 5975, subd. (a), 25 emphasis added.)
26 By his own admission, BUCK is not an owner of a lot within the HOA at issue, the HOA 2 7 itself, or the original developer. He thus lacks standing to enforce the CC&Rs as a matter of law 28 against Defendants, who are owners in the development and members of the Broadmoor -12-
l'HBNJM!'I) STATEMENT OF DECISION
119
101
Association. (See, Civ. Code§ 5975.) Again, the CC&Rs expressly preclude any enforcement 2 action by Plaintiff here. No evidence was offered to show the CC&Rs governing the height 3 restriction were drafted in error, or the result of mistake, or that the enforcement provision is 4 susceptible to a different interpretation or meaning. 5 Equity: The second part of Plaintiffs argument is whether inequity would result in the 6 absence of enforcement of the proposed servitude. As to any extension of the right to enforce the 7 height restriction to Felicidad homeowners, the court notes actions taken by the City and the 8 Developer excluded Calle Felicidad, and those choices have been relied on for decades. Dan 9 Hoon, president of the Broadmoor HOA, stated the Broadmoor HOA does not enforce the height 10 restrictions in favor of nonmembers of the HOA, specifically due to the language of the CC&Rs. 11 (3 TT 75:5 - 76:1.) That position is supported by the standing provisions set forth in Article X, 12 sections 1 and 4 of the Master CC&RS.
13 Without a recorded restriction in his favor, Plaintiffs right to enforce the height 14 restriction fails. In California, the law is firm that there is no legal right to a view. (Boxer, supra, 15 246 Cal.App.4th at 1219.) To the extent BUCK wants to rely upon "conditions of approval" 16 cited in decades old city council minutes to establish an equitable servitude, the Court notes 17 Plaintiffs property is not identified in the height restriction and the CC&Rs exclude his right of 18 enforcement. Plaintiff has no recorded enforceable right at risk of forfeiture. To the contrary, the 19 only recorded documents deny him that right, and any expectation that he could rely on the 20 recorded documents is unreasonable. Also, no recorded documents put Defendants on notice of 21 any right of outside homeowners to enforce provisions of the Broadmoor CC&Rs. Despite the 22 clear and unequivocal language in the CC&Rs, neither Plaintiffs predecessors, or anyone else, 23 took any action to record a right to enforce height restrictions over any part of Broadmoor. After 24 an intervening sale, the property was conveyed to Plaintiff, who acknowledged his property was 25 not identified in the Supplementary CC&Rs he received in 1987. He too, did nothing for 30 26 years. That his view was not "actually impacted" until a few years ago is irrelevant. The CC&Rs 27 created for Broadmoor were enforceable only by Broadmoor's HOA or its members. Given the 28 lengthy period of delay, Plaintiff cannot invoke equity based on his inaction. -13 -
PRtfJ1»f:i!J-ED STATEMENT OF DECISION
120
102
1 Fourth COA (Declaratory Relief): As to the issue of declaratory relief, Plaintiff 2 offered no credible evidence at trial to support his claim that he had acquired an enforceable 3 equitable servitude over Defendants' property, and Plaintiffs claim for declaratory relief cannot 4 succeed.
5 Based on the evidence submitted at trial, the Court finds Plaintiff has not carried his 6 burden of proof to show each of the elements necessary to sustain his equitable claims. Based on 7 all of the foregoing reasons, the Court finds in favor of Defendants and denies the claims to 8 enforce an equitable servitude and for declaratory relief. 9 10
11 DATED: _ ____:_:2:.._~_-_Z_Lf __
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 -14-
FIMJ,.,.6iJt!'IJ ST A TEMENT OF DECISION
121
103

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
Central Justice Center
700 W. Civic Center Drive
Santa Ana, CA 92702
SHORT TITLE: Buck vs. Garruba
CLERK'S CERTIFICATE OF SERVICE BY MAIL CASE NUMBER:
30-2019-010867 44-CU-BC-CJC
I certify that I am not a party to this cause. I certify that a true copy of the Minute Order was mailed following standard court practices in a sealed envelope with postage fully prepaid as indicated below.

The mailing and this certification occurred at Santa Ana, California, on 02/13/2024. ~-12-P-- Clerk of the Court, by: ________________ , Deputy

JACKSON TIDUS, A LAW CORPORATION
2030 MAIN STREET# 1200
IRVINE, CA 92614
HAMMERS P.C.
1601 DOVE STREET# 120
NEWPORT BEACH, CA 92660

CLERK'S CERTIFICATE OF SERVICE BY MAIL
V3 1013a (June 2004)
Page: 1
Code of Civil Procedure , § CCP1013(a) 122
104
,
Superior Court of California
County of Orange
Civil and Probate/Mental Health Division
700 Civic Center Drive West
Santa Ana, California 92701
C11
689 (R7/13)
Hasler 1w,,, T • CL.''.c<; MAIL
02/14 /2024 $001 8 7 0 (1~1i1•I,.i Mffi1 · -
Will,;~

JACKSON TIDUS, A LAW CORPORATION
2030 MAIN STREET# 1200
IRVINE, CA 92614
ZIP 92701
011D12603745
123
City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.

Facts:

It has come to our attention that there are violations of Article VII, Section 22, of your CCRs, specifically pertaining to the height restrictions on trees, bushes, and shrubs. The relevant section states:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Additionally, Article XII of the CCRs grants the City of San Clemente the authority to enforce these regulations, if the HOA fails to do so. The Article states:
"If the City Council of the City of San Clemente reasonably determines at a public hearing held after not less than ten (10) days’ prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving the Association written notice of its determination that the Association has failed to perform its duties… the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice." Code Compliance Division
910 Calle Negocio, San Clemente, CA 92673
www.san-clemente.org
ATTACHMENT 10
105

EXHIBIT J
124

Page 2 ends

Demand:

To avoid the City exercising Article XII, the City hereby demands that the Broadmoor HOA take immediate action to ensure compliance with the CCRs regarding tree heights within the development, including but not limited to, trees located on the properties between 201 and 327 Calle Delicada, San Clemente, CA.

If the Association does not remedy this issues of non-compliance within thirty (30) days from the date of receipt of this notice, the City of San Clemente may assume enforcement duties as outlined in Article XII.

Consequences:

Per Article XII, the reasonable costs of the City’s enforcement, if any, will be borne by the Association, and failure to pay these costs within sixty (60) days will result in the City levying and collecting a uniform assessment against each lot within Broadmoor San Clemente.

Please provide written confirmation of your action plan to address the issues of noncompliance set forth above within the specified timeframe. Should you have any questions or require further clarification, please do not hesitate to contact me directly.

Thank you in advance for your prompt attention to this matter.

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
106 125

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
1 ATTACHMENT 11
107

EXHIBIT K
126

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
2 108 127

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
3 109 128

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
4 110 129

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
5 111 130
From: Atamian, Adam
To: [email protected]; [email protected] Cc: Josh Smisko
Subject: Notice of Hearing - Enforcement of Broadmoor CC&Rs - City Council Meeting November 19, 2024 Date: Friday, November 8, 2024 12:02:43 PM
Attachments: Notice of Public Hearing 11-19-2024 - Broadmoor Association CCR Enforcement.pdf [EXTERNAL]
Dear Mr. Phillips and Ms. Cervantes,
Please find attached Notice of Public Hearing for the November 19, 2024 City Council Meeting. Hard copies of this notice are also being sent via certified and regular mail. The City will provide notification to you when the agenda and agenda packet is published.

Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
SCSEAL
P Please consider the environment before printing this e-mail Attachment 12
112

EXHIBIT L
131
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

The identified violations pertain to Article VII, Section 22, of the Broadmoor CC&Rs, specifically related to height restrictions for trees, bushes, and shrubs within the community. The CC&Rs stipulate:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Hearing Details:

Date: November 19, 2024
Time: 6:00 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

This hearing has been scheduled to review the CC&R violations and determine whether the City of San Clemente shall assume enforcement duties as permitted under Article XII of the Broadmoor HOA CC&Rs. Should the City take on enforcement responsibilities, the reasonable costs incurred, including reasonable attorney fees, may be assessed to the HOA, potentially leading to a uniform assessment against each lot within Broadmoor San Clemente.

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 113 132
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
114 133

CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tern Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Closed Session concluded at 5:57 p.m.

Page 1 of 26 ends

Attachment 3
134
City Council Regular Meeting Minutes November 19, 2024
8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,

APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,

IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP)
Mayor Cabral opened the Public Hearing.

City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, to:

1. Adopt Resolution No. 24-169 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,

STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE.

2. Repeal Resolution No. 21-11.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.

Mayor Cabral opened the Public Hearing.

Councilmember Loeffler disclosed that he met with Broadmoor residents.

Mayor Cabral disclosed that he visited the site.

Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Joshua Smisko and David Hickey. counsel for the Broadmoor Homeowners

Page 9 of 26 ends

135
City Council Regular Meeting Minutes November 19, 2024
Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.

Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.

Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.

Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.

Paul Buck, San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the photograph is on file with the City Clerk.

Eric Fermin narrated a PowerPoint presentation displaying photographs of trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.

Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.

John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.

Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.

Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broad moor Homeowners Association.

Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.

Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-173.

Mike Kay opined that the City should only be involved in enforcement of CC&Rs when it concerns homeowners associations not clearing vegetation in open space and to protect views for residents.

Page 10 of 26 ends

136
City Council Regular Meeting Minutes November 19, 2024
Ryan Phillips, Broadmoor Community Manager, responded to City Council inquiries.

Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.

Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.

There being no others desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Duncan, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broad moor Homeowners Association Community.

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

MEETING RECESS
The City Council meeting recessed at 9:12 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.

9. Unfinished Business
None.

10. New Business
1 0A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND

INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY

TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY

MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.

2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

Page 11 of 26 ends

137
1 Atamian, Adam
From: Josh Smisko
Sent: Tuesday, February 4, 2025 3:39 PM
To:

Subject: Broadmoor Association Tree Heights
Dear ,
Our firm represents the Broadmoor San Clemente Community Association (“Association”), and we are reaching out on behalf of the Association’s Board of Directors regarding your recent interactions with the Association, as well as the San Clemente City Council and staff, concerning potential tree height issues on Calle Delicada that may be affecting your view.

Be sure to include the address of the property in question along with photographs taken from your lot that clearly illustrate the issue.

In accordance with the Association’s enforcement procedures and policies, a representative from Compass Property Management and the Association will review your complaint. This process may include a site visit to assess the impact from your property. If a visit is necessary, we will reach out to coordinate a convenient time.

Should the Association confirm that a violation exists, it will take appropriate enforcement action with the property owner. Please note that this process may take between 60 to 180 days or more, depending on the circumstances. Providing clear and detailed information in your initial complaint will help expedite the review and resolution process.

Please direct any and all future correspondence on this matter to Compass Property Management. Thank you.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

Attachment 4
138
David E. Hickey
Joshua A. Smisko
Frank Mickadeit
HICKEY & ASSOCIATES, P.C.

ATTORN EYS AT LAW

MISSION CORP ORATE PLAZA
27261 LAS RAMBLA S, SUITE 120
MISSION VIEJO, CALIFORNIA 92691
TELEPHONE (949) 614-1550
FACSIMILE (949) 748-3990
BroadmoorSanClemente/CityofSCFurtherReply/020525
February 5, 2025
City of San Clemente
City Council
c/o Adam Atamian
910 Calle Negocio
San Clemente CA 92673
VIA U.S. MAIL &
EMAIL
[email protected]
Re: Broadmoor San Clemente Community Association
Subject: Tree Height Violation Hearing
Dear Members of the City Council:

As you are aware, this firm is legal counsel for the Broadmoor San Clemente Community Association (“Association”). We are writing to you regarding the recent Public Hearings regarding the tree height restriction within the Association’s CC&Rs and the Association’s enforcement of that restriction and the Association’s plan moving forward.

The Association’s Board of Directors has been deliberating on a path forward. The Board has elected to reach out to each Calle Felicidad owner directly and offer them the opportunity to send a complaint to the Association’s management company if a downslope owner on Calle Delicada has a tree in violation of the height limit, unreasonably impacting the Calle Felicidad owner’s view. Once Compass Property Management receives this formal complaint, they will investigate it and determine the next step forward, despite these Calle Felicidad owners not being dues paying members of the Association.

If the complaint is confirmed, then Compass Property Management will initiate violation procedures against that homeowner on Calle Delicada. Despite the comments made by the Calle Felicidad owners at the hearings, and comments from the recent City Council meeting, the Association cannot legally take immediate action (or go on to private property and trim or remove these trees). Under the violation enforcement policy, the offending Calle Delicada owner will first be sent a demand letter to cure the violation.

After 30 days has passed, if the violation has not been satisfactorily corrected, that homeowner will receive another demand letter and invitation to a violation hearing, where a fine can be levied by the Board. If this step has not resulted in the tree being trimmed or removed, the next step under California law, is for the Association to offer Internal Dispute Resolution (“IDR”) as required under Civil Code Sections 5910 and 5915.
www.HickeyAssociates.net
Attachment 5
139
City of San Clemente
February 5, 2025

Page 2 ends

BroadmoorSanClemente/CityofSCFurtherReply/020525
IDR is a formal meeting with the homeowner and Board representative to discuss the issues and attempt to obtain a resolution without requiring further legal action. The IDR meeting is usually set within 30 days. If a resolution is reached, it is memorialized and should be acted upon.

If the owner ignores the IDR offer, or no resolution is reached, then the Association must legally offer the owner to participate in Alternative Dispute Resolution (“ADR”).

ADR is essentially a formal mediation or arbitration hearing with the parties and a neutral and the costs are shared equally. Pursuant to the Civil Code, the Association may not file an "enforcement action" in superior court unless the parties have first "endeavored" to submit their dispute to ADR pursuant to Civil Code Section 5930(a). ADR hearings are usually set within 90 days. If the owner refuses to participate in ADR, and/or no resolution is otherwise reached, then the Association may proceed with enforcement litigation against that owner. Litigation may take anywhere from 12 to 24 months or longer to complete.

The City Council and Calle Felicidad owners are greatly mistaken if they believe the Association can just go and cut down a tree on private property in the next 30 days. Further, if the City Council should elect to disregard the Association’s enforcement procedures required by statute, and its timelines and “assign” the enforcement “right” to the owners of Calle Felicidad, or act to enforce it themselves, either party must follow the same rules, procedures and California law that is required of the Association as outlined in the CC&Rs, Art. XII, “…In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.” The Association has no right to enter private property and cut down allegedly offending trees.

In summary, the Board has “heard” the City Council and reached out to each owner on Calle Felicidad and given them an opportunity to file a complaint against a Calle Delicada owner, as if they were dues paying members of the Association, which they are not. If a complaint is determined to be supported, the Board will/has begun enforcement measures against the Calle Delicada owner(s). As such, the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration. Respectfully, this matter should be deemed closed by the City Council or at a minimum continued out for at least 6-8 months to allow the process to unfold.

Very truly yours,
HICKEY & ASSOCIATES, P.C.

Joshua A. Smisko, Esq.

JAS:rf
cc: Board of Directors,
Broadmoor San Clemente Community Association
140
Attachment 6
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Cc: Joshua Smisko, Esq. (via email only)
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

Date: March 18, 2025
Time: 5:30 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 141
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
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anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright ; John Milroy >; Ryan Phillips
<[email protected]>; Krystal Cervantes <[email protected]>;
; d ;
Adam Atamian <[email protected]>; Andy Hall <halla@sanclemente.org> Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ? That is a subjective criteria vs 17 ft which is not subjective . Would Broadmoor allow a second story on any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone
On Mar 11, 2025, at 11:32 AM, Josh Smisko
<[email protected]> wrote:

Reva,
The purpose is to make sure there is a tree impacting your or your neighbor’s view. If there is a random tree, that exceeds 17 feet and impacts no one’s view, there is no need to remove it. The height restriction is a view protection.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
144
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy ; 'Ryan Phillips'
<[email protected]>; 'Krystal Cervantes' <[email protected]>; Josh Smisko
<[email protected]>
Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Again, without this information and a clear understanding of why anyone needs to enter Felicidad properties to conduct an undefined "investigation" rather than investigate the violating Delicada properties, we remain uncomfortable allowing strangers into our homes.

FYI, Two Homeowners that did allow Krystal and Linda (last name requested but still not provided) into their homes, found Linda to be argumentative and attempted to twist the 17' height limit into her own subjective assessment. Linda asked "which trees are blocking your view" as if she couldn't see them, and stated that they can't just go around cutting trees to 17 feet.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
145
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko <[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which Board or Committee member is available and when to attend. This is no different than a request that any Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: John Milroy >
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'
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Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada. take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height. * For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-of-day on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
150
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright <r > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
> wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15 PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
151
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re
looking for a talented Association Manager to grow
with us. To apply, please email me your resume or you
can apply here
https://www.linkedin.com/jobs/view/4108482432
152
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> 153
Cc: Reva Wright Buck Paul Buck
>; Ross Peterson <r >; John Milroy
; Antonia Sipes <t >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22 PM, Paul Buck > wrote:

Sent from my iPhone
154
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM GMT+1
To: Paul Buck >,
Ross Peterson , John Milroy
>, Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
155
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
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March 12, 2025
City of San Clemente
City Council
910 Calle Negocio
San Clemente, CA 92673
Over the past decade, the Felicidad Homeowners have requested Delicada Homeowners and the Broadmoor HOA to comply with City imposed Conditions of Approval requiring a height limit of 17 feet on trees, bushes and shrubs. They have consistently refused to comply or even engage with Felicidad Homeowners.

On November 19, 2024, the Council unanimously found that Broadmoor has failed to enforce its tree height restrictions on Delicada which the City imposed as a Condition of Approval 50 years ago. The Council also agreed that enforcement should be turned over to the City or a 3rd party, such as Felicidad Homeowners. The Council agreed to table their decision to a future meeting to allow Broadmoor and Felicidad Homeowners the opportunity to meet and hopefully come to a resolution without Council intervention. Despite multiple communications from Felicidad offering several available dates to meet, Broadmoor never responded.

Instead, Broadmoor took two months to devise a unilateral, and invasive process with unrealistic timeframes of 60 to more than 180 days. And that’s only IF the HOA agrees that a significant violation exists. “Smisko HOA process to Felicidad 2-4-25” Seventeen feet is not subjective. It is the roof height and a quick drive down Delicada easily reveals which properties have trees and foliage above the rooflines. No tape measure is even needed - See roof top compliance confirmation from City Planning Director “Exhibit 4 – letters to and from City Planning confirming height limit” We anticipate that Broadmoor may attempt to justify their inaction by claiming:

1. That Felicidad residents have refused access to their homes for mandatory inspections. x No such access is required to determine whether trees exceed the 17-foot height limit

2. That impacted views are subjective, despite the explicit language of Section 22, which imposes a clear height limit without any conditional view-based qualification.

3. That the height restriction is open to interpretation, which is an attempt to circumvent the straightforward enforcement of the rule.

Broadmoor’s management company has repeatedly failed to answer our clear and straightforward questions regarding their “required” home investigation. x “Compass 2-25-25 Felicidad requesting info”
x “Compass 3-4-25 Felicidad requesting info”
x “Compass no response to questions 3-10-25”
x “Smisko demand to inspect or no compliance 3-11-25”

160
“Broadmoor CCR Section 22” does not condition height limitations on view impacts, nor does it require intrusive inspections inside private homes to determine Broadmoor compliance.

Broadmoor’s stance appears to be an effort to make enforcement discretionary rather than mandatory, in direct contradiction to the governing regulations.

Furthermore, Section 22 cannot be amended without City approval, as stipulated in Section 2, “Broadmoor Section 2 and 4”. Broadmoor’s failure to enforce these provisions not only undermines the integrity of these regulations but also disregards the City’s authority in maintaining compliance.

If Broadmoor had genuine good-will, instead of causing further distress for Felicidad, they would have already implemented very simple and effective steps:

1. Issued "out of compliance" letters to Delicada offenders

2. If, after 2 weeks the offenders were still in violation, the HOA would have sent the HOA gardeners to cut the palms and vegetation to the required 17 feet The Association, and the City, has a right to enter upon the property and remove any structure or condition creating a violation
“Broadmoor CCR Enforcement article X section 4”
At the November 19 Council meeting, Mr. Smisko failed to acknowledge Broadmoor’s ineffective enforcement efforts, which amount to a negligible $100 monthly fine - insignificant for properties valued at over $2 million. Given the low home turnover on the Hill, most homeowners remain unaffected by such a nominal penalty. Even if Broadmoor places a lien, accrued fines can simply be settled upon the eventual sale, often after the homeowner’s passing, making enforcement virtually meaningless.

Broadmoor continues to disregard the interests and concerns of Felicidad Homeowners by deliberately failing to collaborate with Felicidad on a formal, documented agreement, and filed with the City.

Furthermore, the Management Company has not engaged with all Felicidad Homeowners. The height limit applies uniformly to every Felicidad property, regardless of whether a formal complaint, photographic evidence, or a Broadmoor-led inspection has been submitted. “Exhibit 4 – Letters to and from City Planning Confirming Height Limit”.

Felicidad is not an Association, we do not have a general fund, nor do we have lawyers at our disposal. We are individual Homeowners, and we should neither bear the burden of enforcement nor incur any cost to mitigate Broadmoor’s intentional violations.

Without City enforcement, Broadmoor and specifically Delicada Homeowners, currently have no compelling reason to ever comply with the 17 foot CC&R height restriction.

Broadmoor has demonstrated that it is either incapable or unwilling to enforce its tree height limitations as required by the City-imposed Conditions of Approval. The City’s focus should now be on swift compliance.
161
Given the continued delay tactics and the detrimental effect the ongoing non-compliance has had on the financial value of Felicidad properties, we respectfully request that the Council expedite City enforcement of the Broadmoor height limit, without further delays.

Respectfully submitted,
Paul and Reva Buck
162
City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.

Facts:

Page 2 ends

Demand:

Consequences:

Thank you in advance for your prompt attention to this matter.

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
Danielle Sorahan
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166
Subject: Inspection Re-Schedule
Good morning,
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
169
y yg y
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?
Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?
Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit? The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models 170
Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit
Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad? Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
< > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?
171
172
Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree
violations as they have been conducted over the years
with the homeowners of Broadmoor. When a complaint
is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is
and has been the process for those in the Broadmoor
community 173
community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> Cc: Reva Wright Buck
Paul Buck Ross Peterson
; John Milroy
Antonia Sipes
Subject: Re: Inspection Scheduled
174
175
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
176
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Hide trimmed content
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DECLARATION OF LAURENCE R. LIZOTTE
Michael L Tidus, Bar No. 126425
[email protected]
Gregory R. Regier, Bar No. 193571
[email protected]
Brittany A. Ortiz, Bar No. 305775
[email protected]
JACKSON TIDUS, A Law Corporation
2030 Main Street, Suite 1200
Irvine, California 92614
Tel: (949) 752-8585; Fax: (949) 752-0597
Attorneys for Plaintiff
Paul Buck

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE – CENTRAL JUSTICE CENTER
PAUL BUCK, an individual,
Plaintiff,
vs.

ANGELO GARRUBA and LISA
GARRUBA and DOES 1 to 20,
Defendants.

CASE NO. 30-2019-01086744-CU-BC-CJC
Assigned to Hon. John C. Gastelum
Department C-11
DECLARATION OF LAURENCE R.

LIZOTTE
Complaint filed: July 29, 2019
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DECLARATION OF LAURENCE R. LIZOTTE
DECLARATION OF LAURENCE R. LIZOTTE
I, Laurence (Larry) R. Lizotte, currently residing at 23972 Paseo Del Campo, Laguna Niguel, CA 92677, make the following statements based on the best of my personal knowledge of the facts and circumstances stated herein:

1. I have read the “DECLARATION OF SALLY SARGENT executed on October 6, 2020” (attached Exhibit 1), and the “DECLARATION OF ALAN JAY RICE on May 16, 2020” (attached Exhibit 2), and declare that both documents reflect my recollection and understanding about the negotiations, agreements and conditions of approval among the City of San Clemente (“City”), Broadmoor Homes, Inc. (“Broadmoor”), and the Calle Felicidad neighbors about the approval of the Broadmoor homes on Calle Delicada.

2. I was the Senior Vice President of Broadmoor, which developed the Broadmoor Community during the 1970s. I was the key individual working with the City to obtain approval to build homes on Tract 8162, the greater Broadmoor development, and more specifically Tract 8963 which represents the 19 houses on Calle Delicada and their common areas.

3. Initially, we encountered considerable resistance to our planned development from a group of residents on Calle Felicidad which is the adjacent street to the Broadmoor tract development and directly uphill from Calle Delicada. The group was known as the “Rancho Margarita Associates” and they were very concerned about the impact that the Broadmoor development would have on their ocean and coastal views and other aspects such as housing density, architectural size and style and other factors that could negatively impact these Felicidad residents.

4. The Felicidad residents regularly attended City Planning Commission and the City Council meetings and voiced their concerns when issues about the Broadmoor development of tracts 8162 and 8963 were being considered. I and my Broadmoor colleagues also attended these meetings. Sally Sargent, who was one of the homeowners representing the Felicidad residents, was a vocal participant at these meetings and was well known to me. ///
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DECLARATION OF LAURENCE R. LIZOTTE

5. There were several meetings between me, my colleagues at Broadmoor and the Felicidad residents. One such meeting was held on November 27, 1973, at the home of Sally Sargent, at 203 Calle Felicidad. (See p. 6 of the San Clemente Planning Commission Minutes of November 28, 1973, attached as Exhibit 1.) Through this meeting and others, compromises and concessions were negotiated to the satisfaction of Broadmoor, the Felicidad homeowners, the City’s Planning Commission and the City Council. These included (1) the regrading of the Felicidad backyard slopes and (2) the elimination of the sidewalk requirement on the east side of Calle Delicada in order to gain more platform area to meet City Ordinance requirements to build the Delicada houses. These concessions were agreed to in exchange for permanent Delicada height restrictions so as to preserve views from Calle Felicidad.

6. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (Delicada) was finally approved. Sally Sargent asked for assurances that certain provisions in the final map approval requiring various restrictions be contained in the CC&R’s when recorded with the County so that the City, San Clemente, would not be faced with important elements omitted from the document. I, representing Broadmoor Homes, Inc., stated that all of these conditions of approval and restrictions would be included in the CC&R’s for the community that we were building and that such CC&R’s would be recorded with the County. The City Attorney also commented that he would set up a procedure to review these CC&R’s to ensure that all the various items were included therein before recording.

7. Subsequently, on January 16, 1976, Broadmoor Homes, Inc., signed off on the

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS for Tract 8963 (“SUPPLEMENTARY DECLARATION”), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The following section below is included in the document (Exhibit 1 at p.2) :

Section 3. No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered, placed or permitted to remain on any portion of the Property which exceeds one story in height with a maximum height of 17 feet. 187
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DECLARATION OF LAURENCE R. LIZOTTE
No tree, bush or shrub shall be placed or maintained upon (i) any Lot described in Exhibit “A”, attached hereto and incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.

8. At that time I understood that Sally Sargent’s key concern, and those of the Felicidad residents, was the preservation of the ocean and costal views from the homes on Calle Felicidad. I considered that the City’s condition of approval restricting the height of all items mentioned in section 3, above, that were also imposed in the SUPPLEMENTAL DECLARATION would be sufficient to preserve those views for the future.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on December __, 2020, at Laguna Niguel, California.

Laurence R. Lizotte
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orwarded Message
From: Josh Smisko <[email protected]>
To: reva.wright < t>; Atamian, Adam
<[email protected]>
Sent: Wednesday, December 11, 2024 at 02:11:56 PM PST
Subject: RE: Broadmoor Association Tree Heights
Hi Adam,
The Board should have a response out shortly.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Wednesday, December 11, 2024 12:48 PM
To: Atamian, Adam <[email protected]>
Cc:
207
You don't often get email from . Learn why this is
important
j g ;j g ;
[email protected];
[email protected]; Josh Smisko
<[email protected]>; Reva Wright
Subject: Re: Broadmoor Association Tree Heights
Hi Adam,
FYI, the Felicidad Homeowners have not heard from any Broadmoor representatives.

Take care,
Reva Wright Buck
On Monday, December 2, 2024 at 04:54:37 PM PST, Atamian, Adam <[email protected]> wrote:

Dear Mr. Smisko and Mr. Phillips,
208
Cc’d on this email are the Felicidad homeowners who have currently expressed interest in meeting with the Broadmoor Community Association to discuss the tree height issues present on properties within the Broadmoor Community. As discussed by the City Council at their last meeting, this is an opportunity to resolve these issues between the parties. We encourage both parties to participate in this effort, and hope for a timely resolution. While the meeting attendance, location, date and time, will be up to the two parties, I am aware that the Felicidad homeowners have indicated the following times as available:
• Thursday, December 5 after 5 pm
• Friday, December 20 after 5 pm
• Thursday, Jan 2 after 5 pm
I will leave the final coordination of this up to the Broadmoor Community Association and interested Felicidad homeowners.

Please note, I do not need to be Cc’d on all future emails on this, but I would like to kept apprised on the progress of these discussions especially as they relate to a final resolution of the issue. Thank you all for your participation in this matter, and I wish you the best in your discussions!
Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
P Please consider the environment before printing this e-mail 209
Hide trimmed content
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Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright John Milroy
; Ryan Phillips
<[email protected]>; Krystal
Cervantes <[email protected]>;
Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA
regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ?
That is a subjective criteria vs 17 ft which is not
subjective . Would Broadmoor allow a second story on
any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone
217
Sent from my iPhone
On Mar 11, 2025, at 11:32AM, Josh Smisko
<[email protected]> wrote:

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy >; 'Ryan Phillips'
<[email protected]>; 'Krystal
Cervantes' <[email protected]>;
Josh Smisko <[email protected]>
Cc:
218
Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko 219
<[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which
Board or Committee member is available and when to
attend. This is no different than a request that any
Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the
addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.
220
From: John Milroy
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' >; 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'
<[email protected]>
Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: RE: Inspection Re-Schedule
Krystal,
We agree with Reva Wright. Since your response does not address Felicidad questions, will not be available on Thursday.

Regards,
John Milroy
From: reva.wright >
Sent: Monday, March 10, 2025 12:19 PM
To: Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>; Krystal Cervantes
<[email protected]>
Cc:
221
; Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Krystal
your response does not address our questions.

As a result, will not be available on Thursday.

Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada.
take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal
Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your 222
q ( ) y
prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright <[email protected]>
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
223
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?

1. Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges th f h i ht I h tt h d 2 l tt f th Cit Pl i
224
the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that 203 Felicidad will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
i h@ 225
<r wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
<p > wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
226
We have re-scheduled the inspection for those that weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
227
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
228
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck >
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes
<[email protected]>
Cc: Reva Wright Buck < >;
Paul Buck >; Ross
Peterson >; John Milroy
; Antonia Sipes >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? 229
Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22PM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25PM GMT+1
To: , Paul Buck < >,
Ross Peterson , John Milroy
< Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:
230
Thank you for your cooperation.

Date Feb 4 at 4:11PM
Dear Reva,
Our firm represents the Broadmoor San Clemente Community Association (“Association”), and we are reaching out on behalf of the Association’s Board of Directors regarding your recent interactions with the Association, as well as the San Clemente City Council and staff, concerning potential tree height issues on Calle Delicada that may be affecting your view.

If a tree or other structure on a neighboring property along Calle Delicada exceeds 17 feet in height and is directly impacting your view in a significant way, please submit your concerns to the Association’s Community Manager, Ryan Phillips/Krystal Cervantes at Compass Property Management, via email at
[email protected]. Be sure to include the address of the property in question along with photographs taken from your lot that clearly illustrate the issue.

Please direct any and all future correspondence on this matter to Compass Property Management. Thank you.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
i i Vi C 233
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 18, 2025 Agenda Item: 8B.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONTINUED PUBLIC HEARING ON CONSIDERATION OF IMPLEMENTING A NONREFUNDABLE DEPOSIT FEE FOR GOLF TEE TIME BOOKINGS ..body Fiscal Impact:

None.

Summary:

Since scheduling and continuing the public hearing, several positive developments have occurred related to enhancement in the golf course management software (foreUP). This includes upgrades that provide more effective tools for monitoring reservations, tracking attendance, and managing cancellations. Staff anticipates these improvements will lead to a reduction in no-show rates and enhanced operational efficiency.

Additionally, staff have been in regular communication with Pro Shop Management to ensure adherence to established policies, including the enforcement and applied practice of the “No Show” and Cancellation Policy. This includes implementing best practices in reservation management and customer service, contributing to a more streamlined and user-friendly experience for our patrons.

Given these advancements, the initial concerns that prompted the consideration of a nonrefundable deposit fee have been effectively addressed through internal improvements.

Implementing an additional fee at this juncture may be unnecessary and could potentially deter patronage.

Environmental Review/Analysis:

Taking no action is not a project under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council table this item and take no further action at this time. ..end
Attachment:

None.

Notification:

Resident Cardholders
Dave Cook Pro Shop
236
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 1
Meeting Date: March 18, 2025 Agenda Item: 9A.

Submitted By: Community Development and Beaches Parks and Recreation Prepared By: Adam Atamian, Community Development Director; Samantha Wylie, Beaches, Parks & Recreation Director
Subject:
..titl e
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29,

2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFE ..body TY COMMITTEE
Fiscal Impact:

If the City Council decides to reduce the number of committees, City staff anticipates a reduction in payments to the Coastal Advisory, Arts and Culture, and Human Affairs Committee members of $55.00 each per meeting, with a reduction in expenses of approximately $8,910 per year.

Additionally, staff anticipates the ability to reassign staff to other necessary tasks through the reduction of approximately 500-600 hours of staff time currently devoted to assisting the Coastal Advisory, Arts and Culture, and Human Affairs Committees.

Summary:

At the City Council Retreat on February 13, 2025, the City Council discussed options for the structure of Commissions and Committees and provided direction to staff to return with an ordinance to reorganize the duties of various Committees. The direction included consideration of reassigning certain duties of the Coastal Advisory Committee (the “CAC”), Human Affairs Committee (the “HAC”), and Arts and Culture Committee (the “ACC”) to other Commissions or to combine them with other Committees. Staff prepared an Ordinance that includes the decommissioning of the three aforementioned Committees, realigning the duties of the ACC and CAC to the Beaches, Parks and Recreation Commission, and splitting the duties of the HAC between the BPR Commission (the “BPRC”) and the Public Safety Committee (the “PSC”). There may be other modifications that the City Council could consider as well.

Background:

At its meeting on December 10, 2024, the City Council requested that staff agendize a discussion for the City Council retreat to evaluate staff time related to each City Commission and Committee and determine whether changes should be made to the makeup and structure of the various Commissions and Committees.

At its retreat on February 13, 2025, the City Council expressed an interest in reducing the total number of Committees and the staff time needed to assist them. The meeting minutes for the City Council Retreat are provided as Attachment 2.
237
Meeting Date: March 18, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Below is a summary of the recommended changes, as reflected in the Exhibits attached to the proposed Ordinance No. 1756 (Attachment 1):

BPRC
Duties previously assigned to the Coastal Advisory and ACCs which relate, respectively, to coastal issues, including ocean and beach quality, and public art and cultural affairs, are proposed to be added to the BPRC’s duties.

Meetings are proposed to change from bi-monthly to monthly. One member of the Beaches, Parks, and Recreation Commission will be appointed annually to the Social Services Grants Subcommittee (along with one member of the new Community Safety and Welfare Committee).

PSC
To assume overlapping concerns typically addressed by the HAC and the PSC, the following changes are proposed:
 Rename the PSC as the Community Safety and Welfare Committee (CSWC);  Require at least one member, up to two, of the CSWC to have a background, or experience, in public health and welfare needs or homelessness. At least three members are required to have a public safety background (police services, fire services, marine safety, etc.);
 Add functions of the HAC related to assessing human needs within the community to the CSWC’s duties;
 One member of the Community Safety and Welfare Committee will be appointed annually to the Social Services Grants Subcommittee (along with one member of the Beaches, Parks, and Recreation Commission);
 Attendance by representatives of the Orange County Sheriff’s Department, Orange County Fire Authority, and Marine Safety Division, is only required when items on the agenda pertain to their respective agencies/divisions;
 References to the duties of the CSWC related to reviewing performance measures and developing an annual work plan are clarified to provide better specificity for those duties;  Meetings will be held bi-monthly.

The San Clemente Municipal Code Chapters relating to the CAC (Chapter 2.29), HAC (Chapter

2.40), and ACC (Chapter 2.45) are proposed to be deleted in their entirety.

An additional combination of committees has been discussed, but with less specificity than the changes proposed above. Many development applications are subject to review by the Design Review Subcommittee and prior to a decision on the application, the Planning Commission. On occasion, applicants have expressed frustration about the process, when, after going through the design review process with the Design Review Subcommittee and making modifications to the project based on their input, the Planning Commission proceeds to provide additional project design conditions and applicants are compelled to make additional changes. To avoid this perceived “second bite at the apple” the City Council could either combine design review into the duties of the Planning Commission, or remove design elements from the purview of the Planning Commission and fully vest them with the Design Review Subcommittee. Because discussion on 238
Meeting Date: March 18, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
this issue was not as specific as the other proposed changes, staff would need additional direction on this issue and time to develop a draft Ordinance for consideration by the City Council.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1789.  Modify Ordinance No. 1789 and conduct a first reading.  Direct staff to return to Council with additional information.  Take no action.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378(b)(5)), neither the proposed Ordinance nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends that the City Council Introduce Ordinance No. 1789 entitled AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF

SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION,

COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY.
..end
Attachment:

1. Ordinance No. 1789

2. Minutes of the City Council Retreat meeting of February 13, 2025 Notification:

Arts and Culture Committee
Beaches, Parks & Recreation Commission
Coastal Advisory Committee
Golf Course Committee
Human Affairs Committee
Investment Advisory Committee
Planning Commission
Public Safety Committee
239
Attachment 1
ORDINANCE NO. 1789

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING
CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE

MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE, RELATING TO THE BEACHES, PARKS

AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS

COMMITTEE, ARTS AND CULTURE COMMITTEE,

AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY
WHEREAS, at its meeting and retreat of February 13, 2025, the San Clemente City Council expressed a desire to modify the Commission and Committee structure, seeking to streamline City services by implementing changes to several of these legislative bodies; and
WHEREAS, the Beaches, Parks & Recreation Commission requires modification which would include accepting the full responsibilities of the Coastal Advisory Committee and Arts and Culture Committee, and some functions of the Human Affairs Committee; and
WHEREAS, the Public Safety Committee requires modification which would include accepting some responsibilities of the Human Affairs Committee, and further specifying the functions and responsibilities of the Committee, and renaming the Committee as the Community Safety and Welfare Committee; and WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting of March 18, 2025, and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: SCMC Chapter 2.28, relating to the Beaches, Parks & Recreation Commission is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 2: SCMC Chapter 2.29, relating to the establishment and function of the Coastal Advisory Committee, shall be eliminated and is hereby deleted in its entirety. The 240
Ordinance No. 1789 Page 2
functional responsibilities of this committee shall be assigned to the Beaches, Parks and Recreation Commission as set forth in Exhibit A.

Section 3: SCMC Chapter 2.40, relating to the function of the Human Affairs Committee, shall be eliminated and is hereby deleted in its entirety. The functional responsibilities of this committee shall be dispersed and assigned to the Beaches, Parks and Recreation Commission, and Public Safety (to be renamed Community Safety and Welfare Committee as set forth in Exhibits A and B.

Section 4: SCMC Chapter 2.45, relating to the establishment and function of the Arts and Culture Committee, shall be eliminated and is hereby deleted in its entirety. The functional responsibilities of this committee shall be assigned to the Beaches, Parks and Recreation Commission.

Section 5: SCMC Chapter 2.46, relating to the Public Safety Committee, is hereby modified to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 7: The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
241
Ordinance No. 1789 Page 3

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. 1789 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
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
242
Ordinance No. 1789 Page 4

EXHIBIT A
Chapter 2.28 BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of seven San Clemente citizens appointed by the City Council.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways, coastal issues as identified by the City Council, public art, and cultural affairs;
B. Make recommendations to the City Council and advise the City Council in matters pertaining to the creation, operation, maintenance, management, and control of community recreation programs, playgrounds, and indoor and outdoor recreations, activities, and facilities;
C. Provide feedback on projects to be considered during the annual budget for parks, beaches, recreation, and parkways during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
D. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
E. Evaluate and review park development plans of the City; F. Serve as a sounding board for citizen input on matters relating to coastal areas adjacent to, or having the ability to affect, the City of San Clemente; G. Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager;
H. Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; foster the inclusion of arts and cultural aspects in local events; I. Evaluate and review arts and culture plans of the City; 243
Ordinance No. 1789 Page 5
J. Participate in the Social Services Grant Subcommittee by appointing one member of the Commission, by majority vote, no later than December 31 of each year; K. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
L. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
M. Perform such other duties as may be prescribed by the City Council.

2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office.

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.

2.28.050 Filling of vacancies—Removal of members.
244
Ordinance No. 1789 Page 6
Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.28.060 Voting power of members.

The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City. 245
Ordinance No. 1789 Page 7

EXHIBIT B
Chapter 2.46 PUBLIC COMMUNITY SAFETY AND WELFARE COMMITTEE

2.46.010 Establishment of the Public Community Safety and Welfare Committee; composition, appointment of members.

There is established a Public Community Safety and Welfare Committee which shall consist of eight members, five appointed members and three non-voting members.

The City Council shall appoint at least five three technical professionals with a public safety background (such as a retired police, fire or marine chief, officer, lifeguard, etc.), and at least one member, up to two members, that possess a background, or experience, in public health and welfare needs or homelessness, to serve on the Public Community Safety and Welfare Committee.

The Committee shall also consist of one representative of the Orange County Sheriff’s Department (OCSD) to be appointed by San Clemente's Chief of Police Services, one representative of the Orange County Fire Authority (OCFA) to be appointed by San Clemente's Chief of Fire Services, and one representative from the City's Marine Safety Division to be appointed by the City Manager. The OCSD, OCFA and the Marine Safety Division representatives shall serve as ex-officio, non-voting members, and their attendance shall only be necessary when items on the Committee’s agenda pertain to their respective divisions. Members of the Public Safety Affairs Committee need not be residents of San Clemente.

2.46.020 Function.

The Public Community Safety and Welfare Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to public safety, human needs, including homelessness, and public affairs as identified by the City Council;
B. Review performance measures of the City’s public safety personnel, consisting of Police Services, Fire Services, Ambulance Services, Marine Safety, and Park Rangers, and make recommendations to the City Council pursuant to direction provided by the City Council;
C. Develop an annual work plan with specific tasks, goals and objectives for the Committee to accomplish in the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval; D. Participate in the Social Services Grant Subcommittee by appointing one member of the Committee, by majority vote, no later than December 31 of each year; 246
Ordinance No. 1789 Page 8
E. Act as a sounding board for public safety and human needs, including homelessness, within the community;
F. Assess the human affairs needs of the community on a periodic basis; G. Establish a priority list of identified human needs within the City and reassess periodically;
H. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee.

I. Perform such other duties as may be prescribed by the City Council.

2.46.030 Public Community Safety and Welfare Committee —Terms of Office.

The terms of office of the five members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall be for two years from July 1 to June 30 of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Public Community Safety and Welfare Committee members until successors are appointed by the City Council and assume office.

The OCSD representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCSD at the will of the Chief of Police Services. Attendance shall only be necessary when items on the Committee’s agenda pertain to Police Services.

The OCFA representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCFA at the will of the Chief of Fire Services. Attendance shall only be necessary when items on the Committee’s agenda pertain to Fire Services.

The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager.

Attendance shall only be necessary when items on the Committee’s agenda pertain to Marine Safety.

2.46.040 Meetings—Attendance.
247
Ordinance No. 1789 Page 9
The Public Community Safety and Welfare Committee shall hold meetings bimonthly in accordance with the rules of procedures to be enacted and recorded in a book of official proceedings. A Public Safety Affairs Committee member who was appointed by the City Council who is absent from three consecutive meetings of the Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Safety Affairs Committee to be absent from three (3) consecutive meetings for good cause, shall, as a result, surrender his or her office on the Public Community Safety and Welfare Committee and the office shall be considered vacant.

The OCSD, OCFA and Marine Safety Division representatives to the Public Community Safety and Welfare Committee may be removed from office at the discretion of the Chief of Police Services, Chief of Fire Services, or City Manager, respectively, if he/she is absent from three consecutive meetings, where their attendance is necessary, of the Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Community Safety and Welfare Committee to be absent from three consecutive meetings, where their attendance is necessary, for good cause.

2.46.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a Public Community Safety and Welfare Committee member shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Public Community Safety and Welfare Committee who is appointed by the City Council shall serve at the pleasure of the City Council and may be removed from office with or without cause by a majority vote of all members of the City Council. The OCSD representative shall serve at the pleasure of the Chief of Police Services and may be removed from office with or without cause at the will of the Chief of Police Services. The OCFA representative shall serve at the pleasure of the Chief of Fire Services and may be removed from office with or without cause at the will of the Chief of Fire Services. The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager and may be removed from office with or without cause at the will of the City Manager.

2.46.060 Voting power of members.

The five members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall each have one vote on any matter pending before the Committee. The OCSD, OCFA, and Marine Safety Division representatives are nonvoting members.

2.46.070 Committee subject to state law, etc.
248
Ordinance No. 1789 Page 10
The Public Community Safety and Welfare Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law, and to the provisions of any ordinance of the City.
249
Attachment 2
250
251
252
253
254
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 1
Meeting Date: March 18, 2025 Agenda Item: 10A.

Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e
CONSIDERATION OF ADOPTING RESOLUTION 25-30 OR SUBMITTING A LETTER OF

OPPOSITION TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) REGARDING PROPOSED AMENDED RULES 1111 AND 1121 ..body
Fiscal Impact:

None.

Summary:

The South Coast Air Quality Management District (SCAQMD) will consider two Proposed Amended Rules, Rule 1111 and Rule 1121, regulating the emissions from residential and commercial furnaces and emissions from residential water heaters. The proposed amendments to the rules seek to transition to zero -emission space and water heating appliances, based on future effective dates, when existing appliances need to be replaced and ban the use of natural gaspowered furnaces and water heaters in new construction. The City Council may choose to adopt Resolution 25-30 with direction to the City Manager to submit the Resolution to the SCAQMD, or submit a letter of opposition (both attached) to implementation of the two rules based on the cost and inconvenience for private residents to transition from natural gas to electric appliances, and the load added to our region’s already over-stressed power grid. The Resolution and letter of opposition both include, at a minimum, additional time and financial assistance for affected residents and businesses.

Discussion:

One of the functions of the SCAQMD is to promulgate rules that assist the region in attaining federal air quality standards. Rule 1111 regulates the emissions from residential and commercial furnaces and Rule 1121 regulates the emissions from residential water heaters. The proposed amendments to the rules seek to transition to zero-emission space and water heating appliances, based on future effective dates, when existing appliances need to be replaced and ban the use of natural gas-powered furnaces and water heaters in new construction.

There is strong concern over the two Proposed Amended Rules due to the costs associated with implementing the regulations upon residents and business owners. Estimates from a SCAQMD draft staff report on the amended rules show replacement costs for space heaters ranging from $18,500 to $21,500 when an electric panel upgrade is needed, and more than $5,000 for a heat pump water heater. At this time, SCAQMD has not released information on the proposed Go Zero Incentive Plan, which is proposed to assist residents in making the transition from gas to electric.

The incentive program is proposed as a rebate program so residents would be required to provide upfront funding. An example from a SCAQMD presentation indicates the cost of a heat 255
Meeting Date: March 18, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
pump water heater at $5,200 while the incentive rebate is only between $1,000 and $2,000. It stands to reason that businesses and residential owners will be responsible for a majority of the cost.

Comments by industry and resident commenters in meetings held by SCAQMD include concerns that the rules create significant burdens for consumers and will potentially cost billions of dollars to only slightly reduce overall nitrogen oxide (NOx) emissions within the South Coast Air Basin.

As such, there is a need for far more public education and input regarding rules 1111 and 1121 before being promulgated by the SCAQMD.

Council Options:
 Adopt Resolution 25-30 with direction to the City Manager to submit the Resolution to the SCAQMD.
 Approve and authorize the Mayor to execute the letter of opposition to Proposed Amended Rules 1111 and 1121.
 Modify the letter of opposition and authorize the Mayor to execute the letter.  Take no action.

Environmental Review/Analysis:

Not a project pursuant to CEQA guidelines section 15378 (14 CCR 15378). The letter of opposition for to Proposed Amended Rules 1111 and 1121 has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council either Adopt Resolution 25-30 or approve and authorize the Mayor to execute a letter of opposition to the SCAQMD Governing Board urging reconsideration of Proposed Amended Rules 1111 and 1121 and implementation of a more feasible and flexible approach to reducing NOx emissions that considers the unique challenges faced by the City of San Clemente.
..recommendation
..end
Attachment:

1. Resolution 25-30

2. Proposed Letter Opposing AQMD rules 1111 and 1121

3. OCCOG Letter
Notification:

Honorable Chair Vanessa Delgado (via email)
Congressman Mike Levin (via email)
Senator Tony Strickland (via email)
Assembly Woman Laurie Davies (via email)
OCCOG Executive Director, Marnie O’Brien Primmer (via email) 256
Attachment 1
RESOLUTION NO. 25-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, OPPOSING THE SOUTH

COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)
RULES 1111 AND 1121, AS AMENDED, WITH DIRECTION

TO THE CITY MANAGER TO SUBMIT THE RESOLUTION TO

THE SCAQMD
WHEREAS, the City Council of San Clemente has been directly elected by its residents to provide representation, a distinction not conferred on the South Coast Air Quality Management District (SCAQMD); and
WHEREAS, Board Members should only attempt to impose such draconian measures as Rule 1111 and Rule 1121 on the communities in which they live and upon the residents they represent, rather than sweeping measures with little or no benefit to the air quality in San Clemente; and
WHEREAS, the SCAQMD will consider two proposed amended rules, Rule 1111 and Rule 1121, regulating the emissions from residential and commercial furnaces and emissions from residential water heaters and seek to transition to zero emission space and water heating appliances and ban the use of natural gas-powered furnaces and water heaters in new construction; and
WHEREAS, a majority, if not all, of the costs associated with the transition will be the responsibility of business owners and residents in San Clemente amounting to more than $20,000 for a typical residential dwelling; and
WHEREAS, the high cost of the transition will likely result in an insignificant improvement in the air quality of San Clemente; and
WHEREAS, Rule 1111 and Rule 1121 do not take into consideration the severe lack of capacity in the electrical grid that is being taxed more and more with the increase in electrification of structures, automobiles, bicycles, and other impacts with no reasonable plans for expansion on the horizon.

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

Section 1.

The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

Section 2.

The City Manager is hereby directed to submit this Resolution to the Board of the SCAQMD.

Section 3.
257
Resolution No. 25-30 Page 2
On behalf of the City of San Clemente’s residents, business owners, churches, schools, and organizations, the City of San Clemente opposes South Coast AQMD’s Proposed Amended Rules 1111 and 1121. This determination was made based on, but not limited to the following concerns:

1. As proposed, Rule 1111 and Rule 1121 would result in a substantial financial burden on the businesses and residents of San Clemente. Many structures would require significant electrical and plumbing upgrades to accommodate a completely different method of daily cooking and laundry. A simple repair could potentially turn into tens of thousands of dollars and weeks without fundamental appliances. When residents’ appliances break down and need replacement, immediate service is paramount. The rules are a poorly thought-out strategy that need to be completely reconsidered with the residents we serve in mind.

2. Any action that increases the cost of housing in the Southern California region is in direct conflict with the concerted efforts to provide more affordable housing.

Considering this type of increase to housing costs during the current housing crisis will impede almost every effort being made to stabilize housing costs.

3. Transitioning to all-electric water heaters and furnaces will increase the demand on California's already inconsistent and delicate power grid. Adding millions of new electric water heaters and furnaces would require a substantial amount of power and increase the potential for grid failure. The City strongly opposes any effort to add more load demand until the necessary energy generation and fire safe electrical transmission capacity is constructed and in service.

4. The actual air quality benefits for San Clemente are unclear and undefined. More information and specific measurable improvements must be part of an effort that will disrupt the lives of more than 17 million residents in the SCAQMD region. There are likely far more effective strategies to improve air quality than gas cooking and laundry facilities in private homes and small businesses.

For these reasons, the City of San Clemente opposes Proposed Amended Rules 1111 and 1121, including their current concept as discussed at the 7th Working Group Meeting on February 13, 2025. We request that the AQMD Governing Board not proceed with these rules, and instead, we urge the Board to initiate a comprehensive fact-finding process that gathers public comments and addresses concerns related to costs, timing, technology, and the availability of potential incentives.

Section 4. 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 18th day of March, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
258
Resolution No. 25-30 Page 3

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. 25-30 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
259
Attachment 2

OFFICE OF THE MAYOR

AND CITY COUNCIL
Steve Knoblock
Mayor
Mark Enmeier
Mayor Pro Tem
Victor Cabral
Rick Loeffler
Zhen Wu

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
March 10, 2025
Honorable Vanessa Delgado, Chair
South Coast Air Quality Management District Governing Board 21865 Copley Drive
Diamond Bar, CA 91765
Dear Chair Delgado and Governing Board Members,
On behalf of San Clemente residents, business owners, churches, schools, and civic organizations, the City of San Clemente opposes South Coast Air Quality Management District’s Proposed Amended Rules 1111 and 1121 and strongly urges you to thoroughly engage with the 17 million stakeholders who would be significantly impacted by these draconian measures.

San Clemente has several concerns regarding the impact of these rules. Foremost among them is the issue of affordability and lack of consumer choice when replacing gas furnaces and water heaters with zero-emission appliances. Hot water and heating are essential human needs. When residents’ appliances break down and need replacement, immediate service is paramount. Replacing a gas appliance with an electrical one will require far more intrusive electrical and plumbing upgrades and even physical renovations costing tens of thousands of dollars more – a burden many families and business owners cannot bear. Furthermore, banning the use of natural gas-powered furnaces and water heaters in new construction would add to the already high cost of living in the region. Most importantly, it is unclear whether there will be any measurable improvement to the regions air quality and certainly not enough given the exorbitant cost to the community.

In addition to the costs to businesses and consumers, transitioning to all-electric water heaters and furnaces would increase the demand on California's already inconsistent and delicate power grid. Adding millions of new electric water heaters and furnaces would require a substantial amount of power and increase the potential for brownouts or outages. Many residents in SCAQMD’s jurisdiction have been impacted by Public Safety Power Shutoffs and have lost their electricity for multiple days during critical fire weather conditions; a prime example of why adding more load to the current grid is untenable. The City strongly opposes any efforts to add CELEBRATING 90 YEARS OF INCORPORATION
260

Page 2 ends

_______________________________
Kathleen Ward
Mayor, City of San Clemente
more load demand until the necessary energy generation and fire safe electrical transmission capacity is constructed and in service.

Our City Council shares your commitment to provide clean air and water and other quality of life benefits that draw and retain the residents and business owners who live here. However, the Proposed Amended Rules 1111 and 1121 will deliver consequences that will lead to a variety of negative impacts, impacting jobs and increasing the cost of living in our region while providing limited measurable air quality benefits.

Sincerely,
Steve Knoblock
Mayor, City of San Clemente
261
1 December 16, 2024
Hon. Vanessa Delgado, Chair
South Coast Air Quality Management District Governing Board 21865 Copley Dr.

Diamond Bar, CA 91765
Dear Chair Delgado and Governing Board members -
The Orange County Council of Governments (OCCOG) has just recently been made aware of two proposed rules being advanced by the South Coast Air Quality Management District (SCAQMD) for consideration by the Governing Board. On behalf of the OCCOG Board of Directors, we regret to inform you that we are opposed to Proposed Amended Rules (PAR) 1111 and 1121. We urge you to defer consideration of these rules in order to allow SCAQMD Governing Board members and staff to have sufficient time to receive additional information, data, input, and dialogue from the numerous stakeholders potentially impacted by this proposed rule.

OCCOG has significant concerns regarding the scale of the mechanical, electrical, plumbing, and other requirements necessary to comply with retrofits of existing commercial buildings, singlefamily homes and multifamily residential properties, as well as the dramatic cost implications to thousands of families who call Orange County home.

It is highly likely that if Rules 1111 and 1121 are adopted by the Governing Board, the high costs of compliance will force the owners of older multifamily properties to sell or redevelop their properties, subsequently resulting in a dramatic reduction in the availability of affordable housing across the region.

OCCOG shares your commitment to clean air and water and other quality of life benefits that draw and retain the residents and business owners who live here. However, the current versions of PAR 1111 and 1121 will impact job creation and increase the cost of living in our region.

We urge the SCAQMD Governing Board to delay consideration/adoption of PAR 1111/1121 to allow time for a more robust public outreach process that we are ensure residents are properly informed and that questions regarding cost, technology, and the availability of potential incentives are able to be addressed. If you have any questions about OCCOG’s position on this matter, please contact myself at (949) 698-2856 or by email at [email protected].

Attachment 3
262
2 Sincerely,
Marnie O’Brien Primmer
Executive Director
263
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 1
Meeting Date: March 18, 2025 Agenda Item: 10B.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

REVIEW AND DISCUSSION ABOUT PAST CONTRIBUTIONS TO THE MARINE UNIT

SUPPORT BUDGET ITEM AND POTENTIAL INCREASE IN CURRENT AND FUTURE ALLOCATIONS ..body
Fiscal Impact:

Each fiscal year of the two-year municipal budget includes an allocation of $17,500 for the Marine Unit Support. If no changes are made, there would be no additional fiscal impact. Conversely, if the City Council chooses to increase the allocation, there would be an equivalent fiscal impact.

Summary:

For many years, the City of San Clemente has been proud to provide support to Marines stationed at Camp Pendleton and their families. The community benefits from the support by fostering a positive relationship with a neighboring jurisdiction, Camp Pendleton, and the economic enhancement of having Marines and their families welcomed to the City where they often frequent our local businesses. The activities and events are also integral to community building and support our City’s motto of “One Town, One Team.” One of the more popular support events has been the annual barbeque for the 2nd Battalion 4th Marines in conjunction with the San Clemente Chamber of Commerce. Historically, a large portion of the annual expenditure has been associated with the annual barbeque. At the March 4, 2025 meeting of the City Council, staff was directed to provide some analysis of the past allocations and expenditures to determine if an additional allocation is needed to provide adequate support.

Background:

As part of integrating our transient military personnel into the vibrancy of our community, the City of San Clemente has a long history of supporting the efforts and recognizing the service of the marines stationed at Camp Pendleton located immediately south of the City. More specifically, the City has supported the 2nd Battalion 4th Marines. This “adoption” and relationship-building benefits not only our service men and women, but also our community in general.

The 2nd Battalion 4th Marines (2-4) was created in April of 1914 during World War 1 as one of three battalions of the 4th Marine Regiment. A detailed history of the battalion can be found on their website at https://www.1stmardiv.marines.mil/Units/5TH-MARINE-REGT/2d-Battalion4th-Marines/. In recognition of their service and to support the Marines and their families, which benefits the entire community, the City of San Clemente has included an allocation in the City budget to sponsor various activities and to address various needs. As previously mentioned, the annual 264
Meeting Date: March 18, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Fiscal Year Budget Expenditure
2009 -- $ 5,000.00
2010 $ 43,540.00 $ 11,423.44
2011 $ 30,000.00 $ 15,072.43
2012 $ 15,000.00 $ 15,735.67
2013 $ 20,000.00 $ 19,495.83
2014 $ 19,000.00 $ 18,782.92
2015 $ 15,000.00 $ 14,221.46
2016 $ 15,000.00 $ 10,090.21
2017 $15,000 > $24,910 $ 26,355.47
2018 $ 15,500.00 $ 14,310.00
2019 $17,500 > $27,750 $ 14,932.80
2020 $17,500 > $24,350 $ 12,431.48
2021 $ 15,000.00 $ 9,221.66
2022 $ 15,000.00 $ 2,955.73
2023 $ 15,000.00 $ 7,047.33
2024 $ 17,500.00 $ 11,083.84
2025* $ 17,500.00 $ 12,000.93
Total 2009 - 2025* $ 253,040.00 $ 220,161.20
Average 2009-2025 $ 19,464.62 $ 12,950.66
*year to date
Marine Unit Support
barbeque is the most repeated event, and others include sending holiday care packages, providing emergency transportation for family situations, special recognition, and meetings between City leaders and military leaders from Camp Pendleton. While a vast majority of financial support has been directed to the 2-4, there have been occasions where other battalions were provided assistance or recognition.

In an effort to provide the City Council with a historical perspective of allocations and expenditures for the Marine Unit Support, staff conducted a review of the fiscal activity since 2009. The chart below provides the year, the allocation and the expenditures for the Marine Unit Support:

During the period of time examined, the total
amount allocated was $253,040 and the
total amount expended was $220,161.20.

Only one time (2017) did expenditures
exceed the budget allocation.

During that same examination timeframe,
the average budget allocation was
$19,464.62 and the average expenditure
was $12,950.66. The highest year of
expenditures from the account was 2017
($26,355.47) and the lowest expenditure
was in 2022 ($2,955.73).

It should be noted that following discussion
with the Chamber of Commerce, it was
determined that the full amount will be
expended in FY 2025 with a vast majority of
expenditure being associated with the
annual barbeque for the 2-4. Therefore, if
there are any additional activities that the
City Council would like to support such as
the previously mentioned care packages,
transportation for family emergencies, and
support for other battalions, there has not
been funding allocated for additional expenditures.

One such event was a recent recognition dinner held for the 2nd Battalion 1st Marines at the Bella Collina golf course. In addition to contributions from other sources, there is a shortfall of about $3,500 that, unless otherwise funded, will need to be covered by the owner of the golf course.

Given the information from the Chamber that in the current year, and likely going forward, the $17,500 allocation for Marine Unit Support will be used for the annual barbeque, the City Council may desire to increase the annual allocation to fund other appropriate activities and events.

However, because the anticipated expenditures remain undefined, direction should be given to the City Manager to work to identify alternative funding and if no funding is available, to use the 265
Meeting Date: March 18, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
increase in the allocation for Marine Unit Support. Additionally, expenditures must not exceed the allocation without additional approval by the City Council.

Council Options:
 Receive and file the report.
 Receive and file the report with direction to reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2nd Battalion 1st Marines.  Receive and file the report with direction to the City Manager to:
o Reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2 nd Battalion 1st Marines.
o Initiate a supplemental budget appropriation in the amount of $7,500 to increase the allocation to the Marine Unit Support to $25,000 with further direction to work to identify alternative funding and if no funding is available, to use the increase in the allocation for Marine Unit Support, but in no case shall expenditures exceed the allocation without additional approval by the City Council.
 Receive and file the report with alternative direction given to the City Manager.

Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council receive and file the report with direction to the City Manager to:
 Reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2nd Battalion 1st Marines.
 Initiate a supplemental budget appropriation in the amount of $7,500 to increase the allocation to the Marine Unit Support to $25,000 with further direction to work to identify alternative funding and if no funding is available, to use the increase in the allocation for Marine Unit Support, but in no case shall expenditures exceed the allocation without additional approval by the City Council.
..end
Attachment:

None.

Notification:

None.
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 18, 2025 Agenda Item: A.

..ag endizedby
..end
Subject:
..titl e
Warwick Group Consultants Project Update ..body
..recommendation
..end
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 18, 2025 Agenda Item: (1)
268
910 Calle Negocio
2nd Floor
San Clemente, California
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Council Chambers

CITY OF SAN CLEMENTE
Tuesday, March 4, 2025
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on March 4, 2025 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Amanda Quintanilla narrated a PowerPoint presentation entitled "Offer of Dedication Talega HOA and TCA". A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to recess to Closed Session at 4:35 p.m. to discuss the following:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 701-041-06, 701-041-52, 701-041-55, 701-041-58, 701-041-59, 701-041-62, 701-043-07, 701-043-08, 701-043-09, and 701-341-02
Property: Properties located near the eastern terminus of Avenida Pico in the City of San Clemente
City Negotiators: Andy Hall, City Manager and Adam Atamian, Community Development Director
Negotiating Parties: Foothill/Eastern Transportation Corridor Agency, Talega Associates, LLC, and Talega Maintenance Corporation
Under Negotiations: Terms

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AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 5:28 p.m.

BUSINESS MEETING
The Business Meeting reconvened at 5:30 p.m. with all City Councilmembers present.

INVOCATION
Pastor Holland Davis, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Enmeier led the Pledge of Allegiance.

1. Special Presentations
None.

2. Council Member Reports
Councilmember Wu:
· Met with stakeholders concerning the Doheny Desalination project. · Attended the groundbreaking ceremony on February 19, 2025 for the San Clemente Pump Track.
· Met with Finance and Administrative Services and Beaches, Parks and Recreation Department Directors.
· Attended an Orange County District 5 Supervisor meeting. · Attended a Cal Cities Sponsored Bills Briefing on February 26, 2025.

Councilmember Loeffler:
· Attended the groundbreaking ceremony on February 19, 2025 for the San Clemente Pump Track.
· Attended the San Clemente Chamber of Commerce Annual Meeting and Awards Luncheon on February 21, 2025.
· Recognized Orange County Sheriff's Department for their efforts in North Beach.
· Commented on public safety incidents in the community.

Mayor Pro Tem Enmeier:
· Attended the groundbreaking ceremony on February 19, 2025 for the San Clemente Pump Track.
· Met with Police Services Captain Chevalier on February 19, 2025. · Met with stakeholders concerning the Doheny Desalination project on

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February 20, 2025.
· Attended San Clemente Day events on February 22, 2025. · Met with stakeholders concerning the compass energy storage project on February 25, 2025.
· Attended the Cal Cities Coastal Leadership Group meeting on February 27, 2025 concerning proposed legislation.

Councilmember Cabral:
· Attended the San Clemente Chamber of Commerce Annual Meeting and Awards Luncheon on February 21, 2025.
· Attended an Orange County Fire Authority Board Meeting on February 27, 2025.
· Reported that the San Onofre Nuclear Generation Station (SONGS) Community Engagement Panel announced two non-compliance issues. · Met with Colonel Pelham, United States Marine Corps, on February 19, 2025. · Met with the Camp Pendleton Community Plans and Liaison office. · Attended a Golf Course Master Plan meeting on February 25, 2025; encouraged the public to provide input on the Golf Course Master Plan. · Attended a Downtown Business Association meeting on February 28, 2025. · Attended a Cal Cities Sponsored Bills Briefing on February 26, 2025. · Spoke on the goat grazing pilot project.

Mayor Knoblock:
· Attended the Orange County Vector Control meeting.
· Attended San Clemente Day and base of the pier bike rack ribbon cutting ceremony held on February 22, 2025.
· Attended the Marine Corps dinner honoring the 1st Battalion 2nd Marines upcoming deployment.
· Attended a meeting held by newly elected State Senator Strickland.

3. Oral Communications (Part 1)
Tyler Boden spoke on the San Clemente Chamber of Commerce Annual Barbecue in honor of the City's adopted Marine Corps Unit 2nd Battalion 4th Marines.

Wayne Eggleston narrated a PowerPoint presentation concerning Park Semper Fi and Marine Corps Unit 2nd Battalion 1st Marines; urged the City Council to appropriate additional funds to support local Marine Corps units. A hard copy of the presentation is on file with the City Clerk.

Mike Kay spoke on the goat grazing pilot project.

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

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

5. Consideration of agendizing items requiring immediate action None.

6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

Direction given, no reportable action concerning:

Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 701-041-06, 701-041-52, 701-041-55,701-041-58, 701-041-59, 701-041-62, 701-043-07, 701-043-08, 701-043-09, and 701-341-02
Property: Properties located near the eastern terminus of Avenida Pico in the City of San Clemente
City Negotiators: Andy Hall, City Manager and Adam Atamian, Community Development Director
Negotiating Parties: Foothill/Eastern Transportation Corridor Agency, Talega Associates, LLC, and Talega Maintenance Corporation
Under Negotiations: Terms

7. Staff Communications
None.

8. Public Hearings
8A. CONTINUE THE PUBLIC HEARING ON CONSIDERATION OF A

RESOLUTION IMPLEMENTING A DEPOSIT FEE FOR GOLF TEE TIME

BOOKINGS
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to continue the public hearing to the Regular City Council Meeting of March 18, 2025 at 5:30 p.m. or as soon thereafter as the matter may be heard.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF $1.8 MILLION GRANT AWARD FOR CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM’S 2023 MOBILITY PROJECT VOUCHER, AUTHORIZING

EXECUTION OF THE MOBILITY PROJECT VOUCHER AGREEMENT AND

FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
City Planner Lightfoot narrated a PowerPoint presentation concerning a reduction in the program costs for the City. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla expressed concerns related to costs associated with the grant.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 25-18, which will:

1. Find the Clean Mobility Options (CMO) Voucher Pilot Program statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code § 21080.25.

2. Authorize the City Manager to execute the Mobility Project Voucher Agreement (Agreement Number MP23W2A-16G).

3. Accept grant revenue from the Clean Mobility Options (CMO) Program Administrator in the amount of up to $1,800,000 for the San Clemente NEV Circulator Program for FY 2024/25 through 2029/30.

4. Direct staff to include the City total contribution of $200,000 spread amongst the four operational years of the program.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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10. New Business
10A. CONSIDERATION OF A RESOLUTION ADOPTING A LOCAL HAZARD

MITIGATION PLAN, AND UPDATE ON WILDFIRE MITIGATION ACTIONS Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 25-23 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE AUTHORIZING THE
ADOPTION OF THE 2024 SAN CLEMENTE LOCAL HAZARD MITIGATION PLAN.

2. Receive and file the Administrative Report dated March 4, 2025, and on file with the City Clerk, related to the Community Wildfire Protection Plan and Firewise USA Program.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10B. CONSIDERATION OF A RESOLUTION APPROVING A DESIGN FOR

INSTALLATION OF A PEDESTRIAN REFUGE ISLAND, SIGNAGE,

MARKINGS, AND RED CURBS ON CAMINO MIRA COSTA NEAR MIRA

COSTA PARK AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-24, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the design concepts as illustrated in Attachment 2, of the Administrative Report dated March 4, 2025, as follows:
a. Install pedestrian refuge islands in the painted median on Camino Mira Costa.
b. Signage to alert approaching drivers about the presence of pedestrian refuge islands and crossing pedestrians.
c. PED XING markings on both the vehicular and bike lanes leading up to the pedestrian refuge islands.

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d. 30-foot red curb on both sides of Camino Mira Costa in front of Mira Costa Park.

3. Direct staff to complete project construction plans based on those design concepts, solicit construction bids, and return to City Council for consideration of award of a construction contract and the necessary code modification to create the new No Parking red curbs.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10C. CITY MANAGER COMPENSATION REVIEW AND CONSIDERATION OF A

RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE

EMPLOYMENT AGREEMENT WITH CITY MANAGER ANDY HALL

IMPLEMENTING AN EXECUTIVE LEVEL SALARY ADJUSTMENT
City Manager Hall left the room at 6:05 p.m.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution No. 25-25 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO
THE EMPLOYMENT AGREEMENT WITH GARY ANDREW “ANDY” HALL
IMPLEMENTING AN EXECUTIVE LEVEL SALARY INCREASE.

2. Approve, and authorize the Mayor to execute, Second Amendment to Contract No. C23-08, an employment agreement, by and between the City of San Clemente and Gary Andrew “Andy” Hall, for a base salary increase of 3% totaling $306,311.21 annually.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
City Manager Hall returned to the meeting at 6:08 p.m.

11. Consent Calendar
Public Comments
Item 11D - CONSIDERATION OF FOUR RESOLUTIONS AUTHORIZING

FOUR SUBMITTALS OF GRANT APPLICATIONS FOR COASTAL PROJECTS Amanda Quintanilla expressed concerns regarding details included in the Administrative Report.

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A. City Council Minutes
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF FEBRUARY 13, 2025.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 18, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to receive and file the following:
(1) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF
NOVEMBER 7, 2024.
(2) BEACHES, PARKS AND RECREATION REGULAR MEETING OF DECEMBER 17, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 28, 2025.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 20, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE WARRANT NOS.
602527 THROUGH 602657, PAID ON
2-14-25, IN THE AMOUNT OF $1,381,170.76
TOTAL WARRANT REGISTER $1,381,170.76
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Payroll Register
None.

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11D. CONSIDERATION OF FOUR RESOLUTIONS AUTHORIZING FOUR

SUBMITTALS OF GRANT APPLICATIONS FOR COASTAL PROJECTS
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution No. 25-26 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE

STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS FOR

GRANT FUNDING UNDER THE PUBLIC BEACH RESTORATION ACT FOR THE USACE PROJECT STAGE 2 PED PHASE.

2. Adopt Resolution No. 25-27 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE

STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS FOR

GRANT FUNDING UNDER THE BOAT LAUNCHING FACILITIES GRANT

PROGRAM TO ENABLE A COMPREHENSIVE REHABILITATION
PROJECT OF THE SAN CLEMENTE MUNICIPAL PIER.

3. Adopt Resolution No. 25-28 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE

STATE OF CALIFORNIA, DIVISION OF BOATING AND WATERWAYS FOR

GRANT FUNDING UNDER THE SHORELINE EROSION CONTROL
PROGRAM FOR THE PILOT SAND RETENTION PROJECT STUDY.

4. Adopt Resolution No. 25-29 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE

CALIFORNIA COASTAL COMMISSION FOR FUNDING TO CONDUCT A

BEACH ATTENDANCE AND FISCAL IMPACT ANALYSIS OF THE BEACH STUDY.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

12. Oral Communications (Part 2)
Amanda Quintanilla expressed concerns regarding transparency of agreement negotiations and approvals in Closed Session.

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13. Future Agenda Items
Monetary Contributions to the Marine Corps
Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral agendized consideration of reviewing monetary contributions from the City in support of the Marine Corps.

Election of Mayor related to Seated Councilmembers
Councilmember Loeffler, with the support of Mayor Pro Tem Enmeier and Councilmember Cabral agendized consideration of setting requirements when a seated member of the City Council runs for the Mayoral seat mid-term for the March 18, 2025 City Council meeting.

Classification and Departmental Reorganization
Councilmember Cabral, with the support of Councilmember Loeffler directed staff to return at the March 18, 2025 City Council meeting with the classification and departmental reorganization report previously removed from the March 4, 2025 City Council agenda.

14. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

D. City Manager
City Manager Hall reported that the following contracts were executed under his signature authority:

1. CSI Services Inc. providing for Reservoir Tank Inspection and Cleaning, in an amount not to exceed $45,500.

2. Nichols Consulting Engineers, CHTD providing for the Pavement Management System Update, in the amount of $56,806.

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15. Adjournment
Motion by Councilmember Wu, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 6:19 p.m. The next Regular Meeting will be held on March 18, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 18, 2025 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 19, 2025 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
280

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
February 19, 2025 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Chair Cosgrove led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Chair Pro Tem M. Steven Camp; Vice Chair Gary P. McCaughan, M.D; Barton Crandell; and Karen Prescott-Loeffler
Commissioners Absent: Brent Davis
Staff Present: Jonathan Lightfoot, City Planner
Brendan Hanley, Contract Planner
Gena Burns, Deputy City Attorney
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from Planning Commission Regular Meeting of February 5, 2025.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CAMP, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR STUDY SESSION OF FEBRUARY 5, 2025. 281
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 2

6. ORAL AND WRITTEN COMMUNICATION
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-568, Delabar Residence, 143 Calle Cuervo A request for the Planning Commission to approve a first and second floor addition to increase the floor area of an existing single-family residence by about 500 square feet and to push out the 2nd floor balcony and implement glass guardrails.

The residence is within Tract 8185, which is within the Presidential Heights planned residential development (PRD) community. This request includes an amendment to the entitlement for the Tract 8185, allowing additions and alterations to building footprint within a given parcel in this tract.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines § 15301 (Class 1: Existing Facilities).

Chair Cosgrove opened the public hearing.

Commissioner McKhann disclosed that he had visited the Delabar project site.

Contract Planner Brendan Hanley presented a PowerPoint entitled: “Delabar Residence, Development Permit 25-020/PHP 24-586.” A copy of the presentation is on file in the Planning Division.

Staff outlined the proposed improvements and relevant review criteria:
• The subject property is an attached condominium with two neighboring units on each side with shared “party walls.”
• Proposed improvements include a 520 sq. ft. addition; redesigned 176 sq. ft. balcony with railing; and an interior remodel.
• The project is subject to development standards from a 1974 tentative tract map. Per the entitlements, the residence conforms to all setbacks and standards in its current state.
• The previous Presidential Heights 2 Homeowners’ Association (PH2) board of directors (HOA) approved a previous draft of improvements in February 2024 with the conditions that the City of San Clemente Building Division approve all aspects of the proposed project; and that the HOA receive a copy of the approved plans from the property owner; and that subsequent changes to the 282
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 3 plans from the City or the Applicant need to be reviewed by the HOA governing body.
• Typically, Planned Residential Development (PRD) standards are established by the developer and reviewed during the entitlement process. There are no objective standards for lot coverage or additions in Presidential Heights 2. Due to the applicant's project scope being a significant change from the standard model style approved under the PRD, it is subject to a discretionary approval process that necessitates a request for a Development Permit. • There was significant public interest and several public comments made in opposition of the project at the Zoning Administrator meeting on January 23, 2025 where inconsistencies in draft versions of the plans were also addressed. • Presidential Heights 2 legal counsel intends to seek future PRD amendments to establish clear standards for allowable alterations to the residences. • The planning department received comment letters from neighbors focusing on privacy, views, lighting, and shared structures.
• At the January 23, 2025 meeting, the Zoning Administrator acknowledged some permitted modifications at properties in PH2; but also noted that some residences presented as evidence are in PH1, a different community. The ZA determined that due to the project’s significant changes and public impact and/or concerns, the Planning Commission is the appropriate Review Authority.
• The Planning Division received comment letters focusing on consistency in reviewed applications and plans, privacy, community character, current state of the project, views, lighting, and shared structures.

Commissioners asked clarifying questions regarding the project scope. Staff confirmed that major remodels would be required to be compliant with the current version of the California Building Code; confirmed that the City’s Municipal Code requires HOA approval prior to building permit issuance; but conceptual projects reviewed through a discretionary process do not require HOA approval. If there were to be an approval of a plan that the HOA has not approved, it will go back to the HOA before issuance of building permits.

Commissioners also asked clarifying questions related to PRDs and the Development Standards in the City, and staff confirmed that:
• Several PRDs in the City do not have clear, stand-alone guidelines for modifications and alterations within the community.
• Since the Municipal Codes does not allow for a clear pathway for the PRD modifications, the avenue to request those modifications is through an amendment to the underlying original approval.
• Amendments are governed by San Clemente Municipal Code (SCMC)

17.12.180 - Applicant Requests to Change Approved Applications, which establishes three avenues for modifications based on public impact.

In response to the Commissioners’ question to staff regarding the proposed addition being compliant with the community’s governing documents, a discussion ensued that highlighted:
283
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 4 • The PH2 CC&Rs do not provide clear Development or Design Standards. • An attachment in the report revealed the guidelines may change over time at the desire of the community.
• The City is not obligated to enforce CC&Rs.
• The recommendation for the Planning Commission to approve the project because it meets the findings based on the criteria of the Development Permit. • In cases where a PRD community has adopted clear design and development standards, staff would support modifications administratively under SCMC

17.12.180 – so long as they do not contradict basic underlying zoning requirements, such as the maximum height of the zone.

Applicant Geoff Delabar addressed questions or comments that had been discussed:
• The party walls are double-wall framed with sound boards between units, and the project will make upgrades.
• There will be fire sprinklers, and the unit will be updated to current Building Standards.
• The upper deck was reduced following the ZA meeting to not impact the neighbor’s privacy.
• Believes modifications are the same or similar to that of other units that have been updated.
• Changing to glass railing because the wood railing hid the view and was rotted. • Unit is to remain a three-bedroom unit.

Architect Greg Jordan gave more description to the glass rail on the balcony and stated that there are many units that have completed similar modifications and pointed them out to the Commission. Mr. Jordan added that the HOA’s position is that the interior modifications are not in the approval purview.

The Commission stated that they defer to design or standards dictated the HOA and/or CC&Rs, such as windows on garage doors.

The Commission asked the applicant to clarify the following:
• The demolition to the unit occurred in July 2024, which remains the current condition of the unit.
• The neighbors’ objections from the applicant’s perspective being primarily the balcony that has been redesigned and noise regarding a reversed floor plan. • How the character of the community has been maintained, vis a vis impact of elevation changes in courtyard, consistency of proposed modifications with previously modified units in the community, and modifications are not exceeding footprint and comply with setbacks.

Public Comments:

Ilse Berke, long-term resident and architectural committee member stated that they made errors in what was previously approved and that they would not approve those modifications today. The original application was denied by the architectural committee, however the HOA approved. The community units 284
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 5 were designed for maximum privacy. An end date was never disclosed on the application.

Susan Mazzarella, next-door neighbor (shared wall) – Outdoor living space with ocean view is on the first floor. By the neighbor reversing the floorplan, they lose their privacy on their patio and the upstairs living space causes issues others in the community. There are clauses in the CC&R that state that both owners of the shared party walls must agree in writing to any proposed unit modifications. Neighbors did not approve the project, but were aware.

Joe Mazzarella, next-door neighbor (shared wall) – proposed modifications increase approximately 35% and there will be increased noise. The bedroom will be exposed to their living area. They are proposing a balcony in the front courtyard, which has not been done in the community. The review committee denied the plan for valid reasons, they no longer were approving any modifications made to balconies and that they do not have to follow previous approvals made by past committees.

Suzanne Rutherford, next-door neighbor (shared wall on opposite side of Mazzarella) – expressed frustration that her property has been exposed for nearly a year and was not covered for six months until neighbors’ insistence.

Ms. Rutherford expressed privacy concerns. Requested visual displays of proposed project.

Matt Plaxton, general counsel of HOA – explained that the HOA approved the plans on appeal but that the plans changed since that approval. The revised plans that were presented at the Zoning Administrator’s meeting have not been reviewed by the HOA or the architectural committee. The revised plans need to be resubmitted to the architectural committee for review and approval or denial. Mr. Plaxton also asked that the clause “these plans are approved by the HOA” be removed from the Resolution.

Carol Glasheen, resident and architectural committee – the committee voted against the proposed plans based on the reversal of the floor plan. The construction should be changed due to the weight of the kitchen on the second floor. Expressed noise and privacy concerns, and frustration that demolition continued after stop work orders were issued.

Paul Beeike, resident – asked why applicants is rewarded for not following the process, and that his demolition released asbestos without asbestos abatement.

Applicant’s Rebuttal to Public Comments:
• Mr. Delabar stated that an end date was never discussed in the process, and it would be difficult to state such.
• There are other units that have modified their space with the same square footage, only in a different configuration. No other units have a second-floor 285
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 6 balcony overlooking the courtyard area, but it’s not a negative impact. It is a design feature to mitigate massing rather than increase usage space. • There are two units that have increased their balconies substantially and can peer into neighbor’s courtyards. This plan does not go as far as those units and they compromised the view to increase the length of the privacy wall to allow more privacy.
• The applicant is aware that any changes to the plans need to be resubmitted to the architectural committee.
• There are no kitchen appliances or bathrooms along the upstairs shared wall, and therefore noise is not an issue.
• The unit was built in 1978 when asbestos was no longer used in the construction of homes.
• All the interior demo was done before the exterior walls were removed.

The applicant then responded to further clarifying questions from Commissioners:
• The applicant stated that they were not aware of any other units; however interior renovations are not in the HOA’s purview. Mr. Delabar stated that the weight load of the kitchen can be addressed with engineering. • The only change not seen by the HOA is the reduction of two feet on the balcony.
• The Commission asked if an agreement with the party-wall neighbors was obtained, and Mr. Delabar stated that the walls are double framed and apologized for leaving the neighbor’s wall exposed.

The Commission asked Staff if there was any enforceable requirement for the applicant to remedy the exposed structure in its current condition until the building permits are obtained. Staff clarified that the Building Official granted approval to the applicants to weatherize the building in spite of the current stop work order on the property.

Chair Cosgrove closed the public hearing.

The Commission acknowledged the intent and purpose of the original building design was specifically to maximize privacy, reduce noise, and provide enjoyment of the patio space for the benefit of all the residents. The Commission also stated that they are not obligated to approve projects based on a precedence of what previous Commissions approved and confirmed the dimensions of the proposed rear balcony.

The Commission discussed the required findings and their alternatives for taking action, including continuing the item so that staff can provide additional information, or denying the item with a Denial Resolution that can be with or without prejudice.

Discussed the preferred approval process when an HOA is involved. The city's zoning code provides the responsibility for administrative reviews; staff's discretion on the review level is based on factors including public concerns; 286
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 7 Commission debated whether the Development Permit approval process should involve the HOA; and clarification that current discussion is about compatibility with the previously approved PRD.

Discussed whether the community wants the city to retain authority over architectural reviews versus relying on the HOA; the Commission expressed the view that city staff has the discretion to refer matters to the Zoning Administrator; debated whether HOA should handle certain approvals, with or without city input.

Discussed whether the HOA or the city should have primary authority; City Planner Lightfoot suggested considering the HOA’s role in resolving such decisions; Possible amendment proposal to challenge the staff’s interpretation of the code, suggesting a process deferring to the HOA; suggestion for HOA to finalize decisions to avoid back-and-forth between the City and HOA.

Commission discussed Code Enforcement as being is the quickest way to expedite safety concerns while the broader approval process continues.

Deputy City Attorney Burns cautioned against conditioning continuances on HOA approval.

City Planner Lightfoot acknowledged the Commission’s interest in having the HOA make a final decision on aesthetics in their community; he explained that the Zoning Code is permissive, meaning staff determines additions and modifications are only permitted to the extent identified in the Code. In this specific case, there is a lack of development standards to clearly allow for additions or alterations, leading to the interpretation that the issue should go through a discretionary process for substantial changes to standardized units within PRD communities.

City Planner Lightfoot suggested an alternative option for the Planning Commission could be to disagree with the initial interpretation and defer to the HOA, as long as any modifications are within the property's footprint and do not extend beyond the property line. This option might prevent the issue from being repeatedly referred back and forth between different bodies.

The Commission acknowledged the neighbors’ concerns, including reversing the floor plan; and was concerned about extending the party wall with adjoining neighbors. Expressed concerns about compatibility, such as the type of railing used and the width of the balcony. The key point is to ensure any modifications are harmonious with the existing property and neighborhood standards.

The Commission expressed a desire for the application to return to the HOA to receive approval of a complete plan set with clear scope, floor plans, and elevations; the Commission also expressed a desire for staff to pursue nuisance abatement of the building that is currently in an unreasonable state of partial demolition/ construction.
287
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 8

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY COMMISSIONER CRANDELL, TO CONTINUE PUBLIC HEARING PROJECT 24-568 TO A DATE UNKNOWN

TO ALLOW ALL PARTIES THE TIME NEEDED TO OBTAIN AN APPROVAL OF THE PROJECT FROM THE PRESIDENTIAL HEIGHTS 2 HOMEOWNERS’ ASSOCIATION.

Upon discussion of whether the item should be tabled as opposed to continued, Commission Crandell withdrew his second of the motion. The motion died for lack of a second.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO:

1. Table Public Hearing Project 24-568, Delabar Residence, 143 Calle Cuervo.

2. For staff to present a policy proposal and discussion on the discretionary review of Planned Residential Development projects to the Planning Commission.

9. NEW BUSINESS
None.

10. OLD BUSINESS
None.

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
C. Chair Cosgrove attended a Planning Directors of Orange County conference that was well attended by most cities in Orange County where I participated in the Planning Commissioners’ track. Take-aways were: Complaints in other cities that we do not experience in San Clemente is that our staff does an excellent job in reports and support; there is a phenomenal amount of development investments happening in Orange County.

D. Commissioner Prescott-Loeffler will not attend the March 5, 2025 Planning Commission meeting.

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO ADJOURN THE MEETING AT 9:07 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON MARCH 5, 2025, AT 6:00 P.M., AT THE SAN CLEMENTE CITY 288
Minutes of Regular Planning Commission Meeting of February 19, 2025 Page 9 HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR,
SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, Secretary of the Planning Commission 289
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 1
Meeting Date: March 18, 2025 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 6, 2025 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
290

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
March 6, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on February 20, 2025 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Jessica Gatny, Assistant Planner
Araceli Mejia, Assistant Planner
Zach Rehm, Principal Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of February 20, 2025.

ZA Atamian received and filed the minutes for the regular meeting of February 20, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP)24-149, Prado Residence Pool, 505 Ardilla Lane
A request for the Zoning Administrator to approve a Minor Exception Permit 24-164 for a swimming pool to be placed in the front yard setback on a corner lot. The pool also requires exception of fence height requirements to allow for a 60” high fence in the front yard setback.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines §15303 (Class 3: New Construction or Conversion of Small Structures).

Assistant Planner Araceli Mejia summarized the staff report and introduced the applicant and owner, Kirsten Prados.
291
Minutes of the Zoning Administrator Regular Meeting March 6, 2025 Page 2 ZA Atamian opened the public hearing and asked the Ms. Prados if she would like to make a presentation who stated she had nothing to add to the staff’s report.

ZA Atamian stated that he visited the property and stated that the plans indicate the wall shown along the sidewalk is being removed. Ms. Prados confirmed that and clarified changes that were made in the landscaping. ZA Atamian confirmed that the proposed fence is 5 feet tall and that there is a solid section and open above. ZA Atamian asked about a barbecue and Ms.

Prados stated the barbecue will be removed and acknowledged that it was not permitted.

ZA Atamian thanked staff for the report and Resolution that supported the following Findings:
• The layout of the property is higher than the neighboring property in that the ground level of the neighboring home is approximately 8 feet lower than the pool and yard area.
• The pool is butting against a neighboring property backyard, so the placement of the pool will not affect the street scene. • The proposed pool is not detrimental to the public.
• The additional landscape is to the benefit to the neighborhood.

There being no further questions of staff or the applicants, ZA Atamian closed the public hearing.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA25-004 approving Minor Exception Permit 24-164, Prado Residence Pool, 505 Ardilla Lane, subject to the Conditions of Approval.

B. Public Hearing Project (PHP) 24-565 Johnston Recreation Accessory Structure, 123 West Escalones
A request for the Zoning Administrator to approve a Development Permit 24-606 for a 160 sq. ft. accessory structure (recreation room) on a singlefamily residential lot adjacent to a historic property.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines § 15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).

Assistant Planner Jessica Gatny summarized the staff report and introduced the project engineer Nadum Sunna.
292
Minutes of the Zoning Administrator Regular Meeting March 6, 2025 Page 3 ZA Atamian opened the public hearing, and stated that he reviewed the report and visited the site.

ZA Atamian stated that the project meets the code and that the structure is as far removed from the neighboring residential property as possible.

ZA Atamian ask staff to cite the materials being used on the accessory structure, whereby Mr. Sunna replied that the siding was a thermal cladding that is black.

ZA Atamian stated that the plans are facing the historical property and asked Mr. Sunna the angle of the roofline. Mr. Sunna stated that the high side of the roof is at the front of the unit and then it slopes back and the door faces to the front. ZA Atamian asked the location of the ductless wall mount split system, whereby Mr. Sunna replied that it is facing the side yard fence, and staff stated that the heat pump and exterior door needs to be relocated.

ZA Atamian stated that code prohibits any openings to be on the wall facing the fence. Mr. Sunna stated that he will move the openings and equipment to the other side.

ZA Atamian asked Mr. Sunna if there are any plans to convert the structure for rental purposes, and advised that there are other requirements to make the structure habitable, and that City permits will be a requirement. Mr.

Sunna stated that purpose is purely recreational, and there are no intentions for the structure to be a livable space to his knowledge.

There being no further questions of staff or the applicants, ZA Atamian closed the public hearing.

ZA Atamian stated that the staff report and the Resolution identify how the project meets the Findings, in that:
• The proposed small accessory structure is located as far away from the historic properties as possible.
• The proposed project will not be visible from the public right of way.

ZA Atamian added Condition 1.9: No mechanical equipment, doors or windows are allowed on the sides of the accessory structure that are facing the side and rear property lines.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA25-003 approving Development Permit 24-606, Johnston Recreation Accessory Structure, 123 West Escalones, subject to the Conditions of Approval with the addition of Condition 1.9: No mechanical equipment, doors and windows are allowed on sides of accessory structure facing the side and rear property lines.
293
Minutes of the Zoning Administrator Regular Meeting March 6, 2025 Page 4 C. Public Hearing Project (PHP) 24-576, Pentegna Residence, 107 West Avenida Cadiz
A request for the Zoning Administrator to approve a Development Permit 25-042 for a 182 sq. ft. addition, new 50 sq. ft. covered porch, and interior remodel of an existing single-family residence adjacent to a historic property.

Staff recommends that the Zoning Administrator continue the hearing to the next regular meeting of the Zoning Administrator to be held on Thursday, March 20, 2025 because the public notification did not include the required Minor Exception Permit entitlement to permit the project as proposed.

ZA Atamian noted that staff recommendation is for the Zoning Administrator to continue the hearing and asked if that is still staff’s recommendation. Staff confirmed that is the recommendation.

Action: The Zoning Administrator continued PHP 24-57, Pentegna Residence, 107 West Avenida Cadiz to the next Regular Zoning Administrator Meeting held on Thursday, March 20, 2025 to allow time for staff to properly notice the public.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, March 20, 2025 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
294
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 1
Meeting Date: March 18, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3196 through 3203 and Warrant Nos.
602658 through 602821, paid on
2-21-25, in the amount of $2,747,821.65 ..end
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
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 1
Meeting Date: March 18, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
602822 through 602963, paid on
2-28-25, in the amount of $4,009,262.79
..end
311
312
313
314
315
316
317
318
319
320
321
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 1
Meeting Date: March 18, 2025 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3204 through 3211 and Warrant Nos.
602964 through 603199, paid on
3-7-25, in the amount of $3,071,256.31
TOTAL WARRANT REGISTER $9,828,340.75 ..end
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
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 1
Meeting Date: March 18, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 969
through 971 and Automatic
Deposit Advises 100947
through 101269, for the period
2-3-25 through 2-16-25, paid
on 2-21-25, in the amount of $507,122.24
..end
338
339
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 1
Meeting Date: March 18, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 972
Through 973 and Automatic
Deposit Advises 101270
through 101601, for the period
2-17-25 through 3-2-25, paid
on 3-7-25, in the amount of $528,399.88
TOTAL PAYROLL REGISTER $1,035,522.12 ..end
340
341
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 1
Meeting Date: March 18, 2025 Agenda Item: 11D.

Submitted By: Community Development
Prepared By: Christopher Wright, Senior Planner
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING THE 2024 GENERAL PLAN ANNUAL PROGRESS ..body REPORT
Fiscal Impact:

This item provides a status update on existing plans and programs. It does not initiate new projects that involve expenditures.

Summary:

State law requires the City to provide an annual progress report on the implementation of the General Plan. The report must be presented to the City Council for its review and acceptance and then submitted to the State. Staff recommends the City Council accept the 2024 General Plan Annual Progress Report (2024 APR) and direct staff to submit a copy to the State to meet requirements.

Background:

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

The 2024 APR (Attachment 2) describes major actions taken in 2024 to implement the General Plan according to Council priorities. The APR is organized in four sections: 1) Introduction, 2) General Plan Status and Amendments, 3) Strategic Implementation Program, and 4) Housing Activity and Programs. Appendix A includes HCD forms for Housing Element 2024 reporting. 2024 Accomplishments by Department
Beaches, Parks, and Recreation
 Initiated the update to the San Clemente Municipal Golf Course Master Plan with an anticipated completion of Fall 2025.
 Offered scholarships to qualified low-income families for recreation classes and public pool access.
 Offered 164 swimming lesson classes, serving a total of 1,138 participants and helping 342
Meeting Date: March 18, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
swimmers of all ages gain confidence in the water.
 Held four lifeguard Academies providing over 156 hours of instructional training; hired 33 new aquatic staff members to support our growing programs.  Executed five youth sports partnership agreements with local non-profit sport organizations.
 Provided staff support to the new Arts and Culture Committee.  Received City Council approval to initiate a new phase of the utility box art program, enhancing public art and beautification throughout the City.  Administered the Wall of Recognition policy, adding three new honorees to the program.  Established a naming policy for parks and public places.  Addendum adopted for the environmental review (CEQA) for Richard T. Steed Memorial Park Master Plan to include a 24-court pickleball facility.

City Manager
 Selected a consultant for the implementation of a new website. The new system will allow the City to improve public engagement and to navigate the various aspects of the General Plan.
 Continued implementation of the North Beach Placemaking Plan. The restroom facility has been updated and improved to allow lifeguards and park rangers to maintain a more consistent presence in the area that will improve public safety.  Adopted a balanced municipal budget that maintains current planning efforts, personnel and support. Despite increasing municipal costs, the importance of community building remains an important function in the City.
 Partnered with USACE in beach sand nourishment to increase public access and enjoyment of coastal resources.

Community Development
 Adopted Objective Design Standards (ODS), establishing a Housing Overlay and amending zoning use tables to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the previously designated Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity to satisfy the City’s Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible multi-family housing projects in zones where it is permitted.
 Applied for and received grant funds from California Coastal Commission in support of adopting a Local Coastal Program Implementation Plan, Categorical Exclusion update, and Land Use Plan amendments. The grant provides staff support for Local Coastal Program (LCP) planning, funds LIDAR mapping to support geotechnical policy development, funds a Parking and Transportation Demand Management analysis for the downtown and coastal serving parking resources, and supports healthy beaches (via shoreline monitoring, local sand source investigation, and ongoing work for sand replenishment and the Nature Based Coastal Resiliency Feasibility Study).
 Completed State annual reporting for General Plan and Housing Element Annual Progress Report (APR) for 2023. The City has completed its reporting on-time for several 343
Meeting Date: March 18, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
consecutive years.
 Approved new Historic Property Preservation Agreements (HPPA), implemented the HPPA inspections program, and evaluated development projects for compatibility with historic resources; maintaining the City’s good standing as a Certified Local Government (CLG) for historic preservation.
 Improved the City’s web applications for the public to view Geographic Information System (GIS) data for current planning projects, zoning, general plan land use, historic resources, the Housing Overlay, and more, to inform public decision making.  Continued to roll-out and expand the electronic building permitting submittal and review system, while supporting over the counter permitting as needed.  Facilitated community outreach, code enforcement, and service assistance in coordination with Orange County Sheriff’s Department and the Park Ranger program addressing issues related to homelessness.
 Assisted the Coastal Advisory Committee, Public Safety Committee and Human Affairs Committee on developing and completing the work plans approved by the City Council.

Public Safety
 Pursued and obtained over $23,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
 Worked with the City's Coastal Administrator and Public Works on the United States Army Core of Engineers (USACE) Sand Replenishment Project from Linda Lane to T-Street.  Worked with the City's Coastal Administrator and Public Works on the North Beach Sand Replenishment Project.
 Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study.  1,394 swimmers in distress were physically rescued by ocean lifeguards, over 22,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,270 medical aids were performed.
 Continued to evaluate beach usage attendance trends and adjust lifeguard staffing accordingly. The current trend has been a population shift from northern City beaches towards the south due to eroded beaches in the north.
 Taught ocean safety through outreach and the Junior Lifeguard program.  Added one full-time Marine Safety Officer position.

Public Works
 Completed Orange County Sheriff’s Department Gates and Fencing.  Completed Base of Pier Restroom.
 Completed Traffic Signal Conversions.
 Completed Community Center Shuffleboard Building Remodel.  Completed Avenida Del Mar Mural Tile Installations in Pedestrian Bulbouts.  Completed North Beach Concession and Restroom remodel.  Completed M01 Flood Control Channel Wall Repairs.
 Completed Traffic Signal Camera Replacement.
 Completed Digester No. 2 Cleaning and Residual Disposal. 344
Meeting Date: March 18, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 4
 Completed Reservoir No. 4 Exterior Coating.
 Completed Trash Drain Capture Devices Phases 1-3.
 Completed Reservoir & 5A Chemical Line Replacement.
 Completed Califia Pump Station Flowmeter and Valve Replacement.  Completed Sodium Hypochlorite Tank Replacement.
 Continued work on the Casa Romantica slope reconstruction. Phase 2 will consist of improvements to the top of the slope and the structure itself.  Planned and/or designed for replacement and rehabilitation for various reservoirs, pump stations and within the water, wastewater and storm drain systems. Example projects include: Cyprus Shores emergency pump station, Pico/Presidio ductile Iron pipeline replacement, and Linda Lane pump station slope repair, various pump stations rehabilitations.
 Improved water reclamation plant operational efficiency and reduced chemical and power use by creating flow equalization to improve blower optimization and lower power and chemical costs.

Status of State Regional Housing Needs Allocation
Updated to reflect 2024 housing development, the status of the City’s Regional Housing Needs Allocation (RHNA) is summarized below. for the Housing Element Cycle (10/15/2021 to 10/15/2029). The RHNA information is further described in Attachment 2, Appendix A (Table B).  Total RHNA is 982 dwelling units with 634 units for very low, low, and moderate income and 348 for above-moderate income.
 Housing construction from 10/15/2021 to 12/31/2024 is 288 units.  2024 construction: 36 Accessory Dwelling Units (5 very low income, 12 low income, and 19 moderate income) and 21 above-moderate single-family or duplex units.  Remaining RHNA for very low, low, and moderate income is 540 units.  Remaining RHNA for above-moderate income is 154 units.  Total remaining RHNA is 694 units.

Council Options:
 Adopt Resolution No. 25-31 to approve the 2024 APR and direct staff to submit the document to the State by the April 1st deadline.
 Modify and adopt Resolution No. 25-31 and/or the 2024 APR to mention additional accomplishments, revise wording for Housing Action Plan status, or other possible edits.  Table this item to make revisions to the 2024 APR for a future meeting, but deferring action to the next regular meeting would result in not meeting the State required April 1st deadline for APR submission.

Environmental Review/Analysis:
345
Meeting Date: March 18, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 5
The APR is not a project under the California Environmental Quality Act (CEQA) because the report is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions.

Recommended Actions:

Staff Recommendation
..recommendation

1. Adopt Resolution No. 25-31 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GENERAL PLAN 2024 ANNUAL PROGRESS REPORT.

2. Direct staff to submit the 2024 APR to the State as required by law. ..end
Attachment:

1. Resolution No. 25-31

2. 2024 APR
Appendix A - Housing Reporting Data for 2024
Notification:

None.
346
Attachment 1
RESOLUTION NO. 25-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE
GENERAL PLAN 2024 ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires cities and counties to have an adopted General Plan to provide guidance on land use decisions; and WHEREAS, on February 4, 2014, the City Council approved the Centennial General Plan, dated February 2014, and certified Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2013041021, mitigation monitoring program, and statements of overriding consideration; and
WHEREAS, the City of San Clemente Centennial General Plan (“General Plan”) is the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. The plan guides land use and physical development of the geographic area of the incorporated City limits; and WHEREAS, the General Plan contains the seven State-required elements and six additional elements, as follows: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance; and
WHEREAS, each element of the General Plan has a set of goals and policies that are intended to achieve specific objectives. The City’s Strategic Implementation Program (SIP), updated each fiscal year, lists and prioritizes specific projects and ongoing programs or “Implementation Measures” that align with goals and policies in General Plan Elements, excluding Housing. For the Housing Element, implementation measures are included in a Housing Action Plan certified by the California Department of Housing and Community Development (“HCD”) with the Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status and progress in the implementation of the City’s General Plan and Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(B) requires the City to include in the Annual Progress Report (APR) the City’s progress in meeting its share of regional housing needs; and
WHEREAS, California Code of Regulations, Title 25, Division 1, Chapter 6, Sections 6200, et seq., requires the City to use the report forms and definitions adopted by the California Department of Housing and Community Development (“HCD”) to report on the status and progress implementing the City’s Housing Element; and
347
Resolution No. 25-31 Page 2
WHEREAS, California Government Code Section 65400(a)(2)(F) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor’s Office of Land Use and Climate Innovation (“LCI”) and HCD by April of each year; and
WHEREAS, on March 18, 2025, the City Council of the City of San Clemente held a public meeting on the 2024 APR, considered written and oral comments, and facts and evidence presented by City staff, and other interested parties.

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

Section 1. Incorporation of Recitals.

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

Section 2. Approval of 2024 APR
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council, pursuant to Section 65400(a)(2) of the Government Code, has reviewed the 2024 APR that is Attachment 2 to the March 18, 2025 City Council staff report, which is hereby incorporated fully herein by reference. The City Council approves and finds that the 2024 APR:

A. Adequately assesses the status of the General Plan and Housing Element and its implementation;
B. Provides information regarding the City’s progress in meeting its share of regional housing needs;
C. Uses the forms and definitions adopted by HCD to report on the status and progress in implementing the City’s Housing Element;
D. Adequately assesses the degree to which the General Plan complies with the General Plan Guidelines; and
E. Accurately documents the date of the last revision to the General Plan.

Section 3. Submission of Progress Report
Pursuant to California Government Code Section 65400(a)(2), the City shall submit the APR to LCI and HCD.
348
Resolution No. 25-31 Page 3
Section 4. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

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. 25-31 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

Community Development Department
910 Calle Negocio, Suite 100
San Clemente, CA 92673
949-361-6100
Contact:

Adam Atamian
Community Development Director
March 2025
Attachment 2
350
San Clemente 2024 Annual Progress Report
i
Table of Contents
Section Page

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

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

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

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

2.3 General Plan Amendments Adopted in 2024 .................................................................................... 3

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

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

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

3.2 2024 Accomplishments by Department ............................................................................................. 5

4.0 Housing Activity and Programs ......................................................................................... 8

4.1 Background on Housing Element ........................................................................................................ 8

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

4.3 Regional Housing Needs Allocation Progress (RHNA) ........................................................................ 9

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

4.5 Program Implementation Status .......................................................................................................ϭϬ

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

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

4.8 Disposition of City-owned Properties on the Housing Element Sites Inventory .............................. 11

4.9 Declared Surplus City-owned or Controlled Lands ......................................................................... 11 Tables
Table 1 General Plan Amendments ......................................................................................................... 3 Table 2 Adoption Dates for General Plan Elements ................................................................................. 4 Table 3 Housing Activity Summary ........................................................................................................... 9 Table 4 RHNA Status for 6th Cycle ............................................................................................................. 9 Table 5 Declared Surplus Sites ................................................................................................................ 11 Appendices
Appendix A Housing Reporting Data for 2024 ...................................................................................... 12 351
San Clemente 2024 Annual Progress Report

1.0 INTRODUCTION
California Government Code Section 65400 requires the City to prepare an annual report on the status of the Centennial General Plan and progress in its implementation. The annual progress report must be presented to the City Council for review and acceptance, and then submitted to the Governor’s Office of Land Use and Climate Innovation (LCI) and the Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information for the City Council to assess how the General Plan is being implemented. Also, the report provides State required information regarding the City’s progress in meeting its share of regional housing needs. The State has guidelines for preparing the progress report that are general to allow flexibility in the form and content of reports, based on the circumstances, resources, and constraints for each jurisdiction.

On February 4, 2014, the City Council adopted the Centennial General Plan, the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs).

Housing IMs are identified and evaluated separately in the Housing Action Plan certified by HCD with the 2021-2029 Housing Element. This 6th cycle of the Housing Element ends on October 15, 2029.

This report provides a 2024 General Plan Annual Progress Report (“2024 APR”) to fulfill the State requirements. The document is organized in four sections.

Section Description

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

2. General Plan Status
and Amendments.

This section provides background on the Centennial
General Plan, amendment requirements, and
amendments adopted in 2024.

3. Strategic
Implementation
Program.

This section describes the SIP and highlights major
actions taken in 2024 to make progress on goals and
policies in the General Plan.

4. Housing Activity and
Programs
This section provides background on the Housing
Element and summary of housing activity and programs
in 2024. Appendix A includes HCD APR forms for
Housing Element 2024 reporting
1 352
San Clemente 2024 Annual Progress Report

2.0 GENERAL PLAN STATUS AND AMENDMENTS

2.1 Background on Centennial General Plan
The City’s Centennial General Plan was adopted in February 2014. The comprehensive long-term policy document is largely comprised of goals (what we want to achieve) and policies (how we accomplish these goals) for achieving San Clemente’s vision. It guides growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. Per State law, General Plans are required to include seven elements (Land Use, Housing, Circulation, Noise, Safety, Open Space and Conservation). The organization of these seven elements, and any optional elements, are determined by the local jurisdiction.

The Centennial General Plan is made up of thirteen elements: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance. State law requires the Housing Element be updated in a cycle of at least every eight years, along with a Housing Action Plan for implementation of housing goals and policies. The most recent Housing Element, a midterm update, was approved by the City Council on October 10, 2017, and certified by the State on January 22, 2018. Similar to other jurisdictions, the City is in the process of pursuing State certification of a Housing Element update for 2023-2029.

Each element has a set of goals and policies that are intended to achieve specific objectives.

Implementation measures for General Plan elements, other than Housing, are included in a Strategic Implementation Program (SIP). Housing implementation measures are included in the Housing Element Action Plan.

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

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element that must be updated every eight years. Municipal Code Section 17.16.020 establishes procedures for the initiation of processing requests for a General Plan amendment. These procedures require that a General Plan amendment be initiated by either: 1) a majority vote of the City Council, or 2) the submittal of an application from a property owner or agent. Once initiated, the General Plan amendment and related environmental document is considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a public hearing. California Government Code Section 65358 allows required General Plan elements to be amended up to four times in a calendar year. 2 353
San Clemente 2024 Annual Progress Report

2.3 General Plan Amendments Adopted in 2024
In 2024, no General Plan Amendments (GPA) were adopted.

2.4 Summary of General Plan Amendments
Table 1 below presents a summary of General Plan amendments adopted up to December 31, 2024. Table 2 on the next page identifies the adoption dates for each of the General Plan elements. The General Plan as amended through 2024 complies with State General Plan guidelines to a high degree. The following information is provided consistent with the requirements of Government Code Section 65400(a)(2)(F).

Table 1 – General Plan Amendments (as of December 31, 2024)1 Adoption
Date
Amendment
No.

Resolution
No. Project Name
11-1-22 22-097 22-40 Senior Housing and Medical Office
10-18-22 21-238 22-39 West Pico Corridor Specific Plan Update and Architectural Overlay Expansion
9-20-22 20-036 22-36 Housing Element and Safety Element Updates 2-16-21 20-011 21-03 Roadway Systems Update
12-17-19 19-291 19-56 Pier Bowl Specific Plan Update
10-10-17 17-261 17-33 Housing Element Mid-term Update 2013-2023 9-5-17 15-331 17-29 Housing Element 2013-2023 and Amendment to Emergency Shelter Overlay
12-20-16 16-374 16-75 Clean-up Edits
10-18-16 16-319 16-64 Emergency Shelter Overlay
5-23-16 16-002 16-13 Freeway Oriented Signs and Sign Exceptions 1-19-16 15-427 16-03 Camino De Los Mares Medical Zones
11-3-15 15-049 15-47,
15-48
Clarifications, Land Use Changes, and Addendum No.
1 to General Plan Final Environmental Impact Report
8-19-14 14-123 14-34 Emergency Shelter Overlay to
Implement State law SB2
1 On February 4, 2014, the City adopted the Centennial General Plan (General Plan Amendment 13-043) via Resolution 14-01.
3 354
San Clemente 2024 Annual Progress Report
Table 2 – Adoption Dates for General Plan Elements (as of December 31, 2024) General Plan Element Adoption
Date
Amendment
No.

Resolution
No.

Land Use 11-1-22 22-097 22-40
Urban Design 11-3-15 15-049 15-47,15-48
Historic Preservation 2-14-14 13-043 14-01
Economic Development 2-14-14 13-043 14-01
Mobility and Complete Streets 2-14-14 13-043 14-01
Housing 9-20-22 20-036 22-36
Beaches, Parks and Recreation 11-3-15 15-049 15-47,15-48 Natural Resources 2-14-14 13-043 14-01
Coastal 11-3-15 15-049 15-47,15-48
Safety 9-20-22 20-036 22-36
Public Services, Facilities and Utilities 11-3-15 15-049 15-47,15-48 Growth Management 2-16-21 20-011 21-03
Governance 11-3-15 15-049 15-47,15-48

3.0 STRATEGIC IMPLEMENTATION PROGRAM

3.1 Purpose and Update Process
Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs).

Housing IMs are listed and evaluated separately in the Housing Action Plan. The SIP describes and ties implementation measures to elements and policies, and identifies the status, priority, and lead department for each action item. Annually, City departments review IMs they are responsible for, provide a status update and summary of accomplishments, and provide recommendations on which IMs to address in the following year. Additionally, departments may recommend SIP changes based on a review of resources, workload, prior Council direction, community need and interest, opportunities for efficiencies, and other criteria. The City annually updates the SIP with the budget for the next fiscal year to:
• Ensure the General Plan responds to changing needs and conditions, and to commit resources to the community’s long-term vision;
• Evaluate progress towards goals by reviewing the status of IMs underway or completed; • Determine IMs to implement in the next fiscal year;
• Identify department or entity to lead and/or help carry out IMs.

Below is a summary of 2024 accomplishments toward implementing the General Plan according to the Strategic Implementation Program. The current SIP is on the City’s website at this link. 4 355
San Clemente 2024 Annual Progress Report

3.2 2024 Accomplishments by Department
Beaches, Parks, and Recreation
x Initiated the update to the San Clemente Municipal Golf Course Master Plan with an anticipated completion of Fall 2025.
x Offered scholarships to qualified low-income families for recreation classes and public pool access
x Offered 164 swimming lesson classes, serving a total of 1,138 participants and helping swimmers of all ages gain confidence in the water.
x Held four lifeguard Academies conducted providing over 156 hours of instructional training; hired 33 new aquatic staff members to support our growing programs. x Executed five youth sports partnership agreements with local non-profit sport organizations.
x Provided staff support to the new Arts and Culture Committee. x Received Council approval to initiate a new phase of the utility box art program, enhancing public art and beautification throughout the city. x Administered the Wall of Recognition policy, adding three new honorees to the program. x Established a naming policy for parks and public places. x Addendum adopted for the environmental review (CEQA) for Richard T. Steed Memorial Park Master Plan to include a 24-court pickleball facility.

City Manager
x A consultant has been selected for the implementation of a new website. The new system will allow the City to improve public engagement and to navigate the various aspects of the General Plan.
x Continued implementation of the North Beach Placemaking Plan is occurring. The restroom facility has been updated and improved to allow lifeguards and park rangers to maintain a more consistent presence in the area that will improve public safety. x The municipal budget maintains current planning efforts, personnel and support. Despite increasing municipal costs, the importance of community building remains an important function in the City.
x Significant placement of beach sand has increased public access and enjoyment of coastal resources.

Community Development
x Adopted Objective Design Standards (ODS), establishing a Housing Overlay and amending zoning use tables to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the previously designated Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity to satisfy the City’s Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible multi-family housing projects in zones where it is permitted.
5 356
San Clemente 2024 Annual Progress Report
x Applied for and received grant funds from California Coastal Commission in support of adopting a Local Coastal Program Implementation Plan, Categorical Exclusion update, and Land Use Plan amendments. The grant provides staff support for Local Coastal Program (LCP) planning, funds LIDAR mapping to support geotechnical policy development, funds a Parking and Transportation Demand Management analysis for the downtown and coastal serving parking resources, and supports healthy beaches (via shoreline monitoring, local sand source investigation, and ongoing work for sand replenishment and the Nature Based Coastal Resiliency Feasibility Study). x Completed State annual reporting for General Plan and Housing Element Annual Progress Report (APR) for 2023. The City has completed its reporting on-time for several consecutive years.
x Approved new Historic Property Preservation Agreements (HPPA), implemented the HPPA inspections program, and evaluated development projects for compatibility with historic resources; maintaining the City’s good standing as a Certified Local Government (CLG) for historic preservation.
x Improved the City’s web applications for the public to view Geographic Information System (GIS) data for current planning projects, zoning, general plan land use, historic resources, the Housing Overlay, and more, to inform public decision making. x Continued to roll-out and expand the electronic building permitting submittal and review system, while supporting over the counter permitting as needed. x Facilitated community outreach, code enforcement, and service assistance in coordination with Orange County Sheriff’s Department and the Park Ranger program addressing issues related to homelessness.
x Assisted the Coastal Advisory Committee, Public Safety Committee and Human Affairs Committee on developing and completing the work plans approved by the City Council.

Public Safety
x Pursued and obtained over $23,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
x Worked with the City’s Coastal Administrator and Public Works on the United State Army Core of Engineers (USACE) Sand Replenishment Project from Linda Lane to TStreet. x Worked with the City’s Coastal Administrator and Public Works on the North Beach Sand Replenishment Project.
x Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study. x 1,394 swimmers in distress were physically rescued by ocean lifeguards, over 22,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,270 medical aids were performed.
x Continued to evaluate beach usage attendance trends and adjust lifeguard staffing accordingly. The current trend has been a population shift from northern City beaches towards the south due to eroded beaches in the north.
x Taught ocean safety through outreach and the Junior Lifeguard program. x Added one full-time Marine Safety Officer position.
6 357
San Clemente 2024 Annual Progress Report
Public Works
x Completed Orange County Sheriff’s Department Gates and Fencing. x Completed Base of Pier Restroom.
x Completed Traffic Signal Conversions.
x Completed Community Center Shuffleboard Building Remodel. x Completed Avenida Del Mar Mural Tile Installations in Pedestrian Bulbouts. x Completed North Beach Concession and Restroom remodel. x Completed M01 Flood Control Channel Wall Repairs.
x Completed Traffic Signal Camera Replacement.
x Completed Digester No. 2 Cleaning and Residual Disposal. x Completed Reservoir No. 4 Exterior Coating.
x Completed Trash Drain Capture Devices Phases 1-3.
x Completed Reservoir & 5A Chemical Line Replacement.
x Completed Califia Pump Station Flowmeter and Valve Replacement. x Completed Sodium Hypochlorite Tank Replacement.
x Continued work on the Casa Romantica slope reconstruction. Phase 2 will consist of improvements to the top of the slope and the structure itself. x Planned and/or designed for replacement and rehabilitation for various reservoirs, pump stations and within the water, wastewater and storm drain systems. Example projects include: Cyprus Shores emergency pump station, Pico/Presidio ductile Iron pipeline replacement, and Linda Lane pump station slope repair, various pump stations rehabilitations.
x Improved water reclamation plant operational efficiency and reduced chemical and power use by creating flow equalization to improve blower optimization and lower power and chemical costs.
7 358
San Clemente 2024 Annual Progress Report

4.0 HOUSING ACTIVITY AND PROGRAMS

4.1 Background on Housing Element
The Housing Element was last adopted in 2023 for the 2021-2029 planning period. State law requires the preparation of a Housing Element as part of a jurisdiction's General Plan (Government Code Section 65302(c)). It is the primary planning guide for local jurisdictions to identify and prioritize the housing needs of the City and determine ways to best meet these needs while balancing community objectives and resources. The Housing Element consists of five chapters, including: 1) Introduction; 2) Needs Assessment; 3) Housing Constraints, 4) Housing Resources, and 5) Housing Action Plan; and the Appendices.

Guidelines adopted by HCD are also considered in the preparation of the Housing Element (Section 65585). Periodic review of the Housing Element is required to evaluate:

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

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

3. The progress of the element’s implementation (Section 65588). Implementation programs are in the Housing Action Plan of the certified Housing Element. Progress in meeting the State Regional Housing Need Allocation (RHNA) and implementing programs in the Housing Action Plan is detailed in Appendix A and summarized below.

The goals of the Housing Action Plan are to:

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

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

4.2 Activity on Housing Applications, Permits, and Construction Table 3 is a summary of Appendix A information on 2024 housing activity for applications received (building permits and entitlements), entitlements, issued building permits, and finaled constructed units. Refer to Appendix A Tables A and A2 for a detailed inventory. Activity on housing units vary in terms of the steps completed to obtain permits and complete construction.

For example, a project could be initiated and completed in the same calendar year or portion of the development process can start in a calendar year and extend into the next APR. 8 359
San Clemente 2024 Annual Progress Report
Table 3 – 2024 Housing Unit Activity
Income Level Proposed Units
- Applications
Entitled
Units
Units Issued
Permits
Constructed
Units
Very Low 7 0 5 1
Low 29 4 12 3
Moderate 21 8 19 19
Above Moderate 50 3 21 12
Total Units 107 15 57 35
Note: Extremely low-income households are served by very-low income units.

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

Table 4 on the next page is a summary of the status of the City’s RHNA by income category based on 2024 permitting activity.

Table 4 – RHNA Status for 6th Cycle – 10/15/21 to 10/15/29 Income Level
RHNA
Allocation by
Income Level
2021-23
Permits
2024
Permits
Total Units
Permitted
Remaining
RHNA by
Income Level
Very Low Deed
Restricted 282
0 0
6 276 Non-Deed
Restricted 1 5
Low Deed
Restricted
164
0 0
Non-Deed 26 138
Restricted 14 12
Moderate Deed
Restricted 188
0 0
62 126 Non-Deed
Restricted 43 19
Above
Moderate
Non-Deed
Restricted 348 173 21 194 154
Totals 982 231 57 288 694
9 360
San Clemente 2024 Annual Progress Report

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

4.5 Program Implementation Status
The Housing Action Plan includes 17 programs listed below. Table D of Appendix A provides the 2024 status of program implementation. In addition to reoccurring program activities, in 2024 the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted.

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

3. Lot Consolidation

4. Density Bonus Ordinance.

5. Affordable Housing Overlay

6. Inclusionary Housing Program

7. Affordable Housing Development

8. Accessory Dwelling Units (ADUs)

9. Pursue Funding Sources and Programs

10. Acquisition and Conversion of Market-Rate Housing to Affordable Housing

11. Sustainable Policies

12. Affirmatively Furthering Fair Housing

13. Social Services Grant Program

14. Zoning Ordinance Amendments

15. Monitoring of Emergency Shelter Overlay

16. Neighborhood Revitalization Program

17. Preserve At-Risk Housing

4.6 Density Bonus
In 2024, the City did not approve entitlements for a density bonus project.

4.7 Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites In 2024, there were no dwelling units counted toward RHNA that were substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobile home park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). As a result, Table F in Appendix A is blank that is optional. 10 361
San Clemente 2024 Annual Progress Report

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

4.9 Declared Surplus City-owned or Controlled Lands
The City has declared four of its properties as “surplus sites”, defined in Government Code section 54221(b), that are owned in fee and unnecessary for the City’s use. The properties are identified in Table 5 below and in Appendix A, Table H. Government Code section 54230 requires localities to create an inventory of surplus lands, and lands in excess of its foreseeable needs, if any, pursuant to Section 50569. Surplus sites are located in a jurisdiction’s urbanized areas and urban clusters, as designated by the United States Census Bureau, that the jurisdiction owns or controls.

The entirety of San Clemente is designated as an urbanized area.

Table 5 – Declared Surplus Sites
APN
Street
Address/Intersection
Existing
Use
Number
of Units
Surplus
Designation
Parcel Size
(in acres)
678-163-01 Avenida La Pata/West
Avenida Vista Hermosa Vacant N/A Surplus Land 2.29
690-372-03 754 Avenida Acapulco Vacant N/A Surplus Land 0.17 690-012-01 100 Avenida Presidio Vacant N/A Surplus Land 2.89 690-012-02 100 Avenida Presidio Vacant N/A Surplus Land 1.82 11 362

APPENDIX A
Housing Element 202ϰ Annual Progress Report
This appendix includes 202ϰ reporting data on implementation of the certified 2021Ͳ2029 Housing Element MidͲterm Update for the 6th cycle (10/15/2021 to 10/15/2029)
12 363
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 7 0 29 0 21 50 107 21 0 057-032-08 207 AVENIDA SIERRA B B24-0184 ADU R 1/29/2024 1 1 0 NONE No No Pending Ministerial 057-033-21 1316 AVENIDA DE LA

ESTRELLA B
B24-0015 ADU R 1/2/2024 1 1 0 NONE No No Pending Ministerial 057-033-49 122 AVENIDA SIERRA B24-0328 ADU R 2/24/2024 1 1 1 0 NONE No No Approved Ministerial 057-061-12 239 AVENIDA LA DP24-027 SFD O 1/12/2024 1 1 1 0 NONE No No Approved Ministerial057-081-12 132 AVENIDA DE LA PAZ B24-0187 SFD O 1/29/2024 1 1 0 NONE No No Pending Ministerial057-081-18 130 AVENIDA DE LA PAZ B24-1335 SFD O 6/26/2024 1 1 0 NONE No No Pending Ministerial 057-091-11 129 AVENIDA DE LA PAZ B24-0109 SFD O 1/17/2024 1 1 0 NONE No No Pending Ministerial 057-153-23 105 E EL PORTAL B24-2426, IC23-481 ADU R 11/21/2024 1 1 0 NONE No No Pending Ministerial 057-153-23 105 E EL PORTAL B24-2426, IC23-481 ADU R 11/21/2024 1 1 0 NONE No No Pending Ministerial057-161-08 167 CALLE REDONDEL B24-0216 ADU R 2/5/2024 1 1 1 0 NONE No No Approved Ministerial 057-162-02 102 CALLE REDONDEL B24-2618 ADU R 12/18/2024 1 1 0 NONE No No Pending Ministerial 058-071-41 424 N EL CAMINO REAL DP24-247 ADU R 5/21/2024 1 1 1 0 NONE No No Approved Ministerial058-071-41 424 N EL CAMINO REAL DP24-247 SFD O 5/21/2024 1 1 1 0 NONE No No Approved Ministerial 058-093-06 112 AVENIDA ALGODON B24-0967 2 to 4 R 4/30/2024 2 2 0 NONE No No Pending Ministerial 058-093-24 107 AVENIDA MATEO B24-0970 2 to 4 R 4/30/2024 2 2 0 NONE No No Pending Ministerial 058-093-25 105 AVENIDA MATEO B24-0965 2 to 4 R 4/30/2024 2 2 0 NONE No No Pending Ministerial 058-104-09 241 AVENIDA

MONTEREY
IC24-617 2 to 4 R 12/19/2024 2 2 0 NONE No No Pending Ministerial 058-122-02 235 AVENIDA MIRAMAR
B
B24-2110, IC24-323 ADU R 10/10/2024 1 1 0 NONE No No Pending Ministerial 058-122-12 215 AVENIDA MIRAMAR B24-2594, 24-038 ADU R 12/17/2024 1 1 0 NONE No No Pending Ministerial 058-122-17 205 AVENIDA MIRAMAR B24-0039 ADU R 1/4/2024 1 1 1 0 NONE No No Approved Ministerial058-122-39 200 AVENIDA SERRA B24-2460 2 to 4 R 11/26/2024 2 2 0 NONE No No Pending Ministerial 058-123-46 238 AVENIDA CABRILLO IC24-284 ADU R 6/11/2024 1 1 1 0 NONE No No Approved Ministerial 060-051-30 425 CALLE GOMEZ B24-2169 ADU R 10/18/2024 1 1 0 NONE No No Pending Ministerial 060-110-13 120 AVENIDA SANTA

MARGARITA B
B24-2335 ADU R 11/11/2024 1 1 0 NONE No No Pending Ministerial 060-110-14 118 AVENIDA SANTA

MARGARITA
B24-2556 ADU R 12/11/2024 1 1 0 NONE No No Pending Ministerial 060-112-11 107 AVENIDA PALA B B24-0313 ADU R 2/22/2024 1 1 1 0 NONE No No Approved Ministerial 060-141-30 246 AVENIDA LOBEIRO IC24-203 ADU R 4/30/2024 1 1 1 0 NONE No No Approved Ministerial 060-181-08 2445 S OLA VISTA B24-2466, IC24-204 ADU R 11/27/2024 1 1 0 NONE No No Pending Ministerial060-183-06 103 CALLE CITA B24-2246, IC24-025 ADU R 10/29/2024 1 1 0 NONE No No Pending Ministerial060-192-10 2314 CALLE MONTE CRISTO
B24-0204 SFD O 1/31/2024 1 1 0 NONE No No Pending Ministerial 060-193-01 2305 CALLE MONTE
CRISTO
IC24-293 ADU R 6/18/2024 1 1 0 NONE No No Pending Ministerial 060-303-20 7 VIA JAZMIN B B24-1375 ADU R 7/1/2024 1 1 1 0 NONE No No Approved Ministerial 675-173-69 17 MARBELLA B24-0026 SFD O 1/3/2024 1 1 0 NONE No No Pending Ministerial675-174-27 24 MARANA B24-1248 SFD O 6/10/2024 1 1 0 NONE No No Pending Ministerial675-174-52 12 MAR DEL REY B24-0961 SFD O 4/29/2024 1 1 0 NONE No No Pending Ministerial 680-021-05 868 CAMINO DE LOS
MARES
B24-2465 ADU R 11/27/2024 1 1 0 NONE No No Pending Ministerial 680-061-39 704 CALLE BRISA B B24-2052 ADU R 10/2/2024 1 1 0 NONE No No Pending Ministerial680-123-01 2957 CALLE FRONTERA B
B24-1514 ADU R 7/23/2024 1 1 0 NONE No No Pending Ministerial 680-221-21 873 CALLE VALLARTA B24-2427 ADU R 11/21/2024 1 1 0 NONE No No Pending Ministerial680-222-02 858 CALLE VALLARTA B24-2598 ADU R 12/17/2024 1 1 0 NONE No No Pending Ministerial680-241-06 2874 VIA BELLOTA B24-0740 SFD O 3/28/2024 1 1 0 NONE No No Pending Ministerial680-501-09 1300 ALDEANO B24-1119 ADU R 5/21/2024 1 1 0 NONE No No Pending Ministerial680-621-31 2023 VIA VINA B24-1008 ADU R 5/3/2024 1 1 0 NONE No No Pending Ministerial690-031-03 103 CALLE PATRICIA B B24-1975 ADU R 9/23/2024 1 1 0 NONE No No Pending Ministerial690-081-07 1205 VIA LA MESA B24-1408 SFD O 7/8/2024 1 1 0 NONE No No Pending Ministerial690-501-01 717 CALLE MONSERRAT B24-2536 ADU R 12/10/2024 1 1 0 NONE No No Pending Ministerial 691-425-09 216 VIA SOCORRO B B24-1455, IC23-443 ADU R 7/12/2024 1 1 0 NONE No No Pending Ministerial 692-025-09 107 CAPISTRANO LN IC24-190 ADU R 4/25/2024 1 1 0 NONE No No Pending Ministerial692-044-25 501 Elena Lane TPM24-030 2 to 4 R 1/16/2024 2 2 2 0 NONE No No Approved Ministerial 692-052-06 300 ENCINO LN DP24-500 ADU R 10/9/2024 1 1 0 NONE No No Pending Ministerial692-052-06 300 ENCINO LN DP24-500 SFD O 10/9/2024 1 1 0 NONE No No Pending Ministerial692-062-19 238 W EL PORTAL B24-1856, IC24-130 ADU R 9/9/2024 1 1 1 0 NONE No No Approved Ministerial 692-062-23 246 W EL PORTAL B24-0082 2 to 4 R 1/10/2024 2 2 0 NONE No No Pending Ministerial 692-063-09 245 N EL PORTAL DR B24-0857 2 to 4 R 4/16/2024 2 2 0 NONE No No Pending Ministerial 692-073-28 222 W MARIPOSA IC24-047 ADU R 1/25/2024 1 1 1 0 NONE No No Approved Ministerial692-091-03 240 W MARIPOSA B24-1694 ADU R 8/20/2024 1 1 0 NONE No No Pending Ministerial692-094-05 241 LA PALOMA B24-2142 ADU R 10/15/2024 1 1 0 NONE No No Pending Ministerial 692-094-05 241 LA PALOMA IC24-272 ADU R 6/3/2024 1 1 1 0 NONE No No Approved Ministerial 692-102-20 101 EL ORIENTE DP24-036 5+ R 1/18/2024 1 10 11 0 NONE No No Pending Discretionary692-122-30 111 DIJE CT D B24-0166 ADU R 1/25/2024 1 1 0 NONE No No Pending Ministerial692-122-30 111 DIJE CT E B24-0167 ADU R 1/25/2024 1 1 0 NONE No No Pending Ministerial692-142-28 130 W AVENIDA CADIZ B24-0298 SFD O 2/21/2024 1 1 0 NONE No No Pending Ministerial692-142-37 111 TRAFALGAR LN B B24-1980 ADU R 9/24/2024 1 1 0 NONE No No Pending Ministerial Cells in grey contain auto-calculation formulas
Table A
5 1
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
13 364
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 7 0 29 0 21 50 107 21 0 5 1
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 692-151-04 147 AVENIDA

BARCELONA B
B24-0886, IC23-466 ADU R 4/18/2024 1 1 1 0 NONE No No Approved Ministerial 692-151-21 105 AVENIDA

BARCELONA
B24-0720 ADU R 3/26/2024 1 1 0 NONE No No Pending Ministerial 692-171-18 1430 S EL CAMINO REAL B24-0254 5+ R 2/12/2024 1 9 10 0 NONE No No Pending Discretionary692-211-14 121 AVENIDA PRINCESA B24-1179 SFD O 5/29/2024 1 1 0 NONE No No Pending Ministerial 692-211-43 1611 S OLA VISTA B24-1791 ADU R 8/29/2024 1 1 0 NONE No No Pending Ministerial 692-222-20 212 AVENIDA PRINCESA IC24-143 ADU R 3/25/2024 1 1 1 0 NONE No No Approved Ministerial692-231-23 222 W AVENIDA

CORDOBA
B24-0080, IC24-020 ADU R 1/10/2024 1 1 0 NONE No No Pending Ministerial 692-232-15 201 W AVENIDA

CORDOBA
B24-0620 ADU R 3/8/2024 1 1 1 0 NONE No No Approved Ministerial 692-252-16 228 TRAFALGAR LN B24-0963 ADU R 4/29/2024 1 1 0 NONE No No Pending Ministerial 692-253-25 212 AVENIDA

BARCELONA
B24-2266 ADU R 10/31/2024 1 1 0 NONE No No Pending Ministerial 692-263-02 251 VISTA MARINA IC24-166 ADU R 4/4/2024 1 1 1 0 NONE No No Approved Ministerial692-301-06 1817 CALLE DE LOS ALAMOS
IC24-503 ADU R 10/14/2024 1 1 1 0 NONE No No Approved Ministerial 692-361-06 153 AVENIDA

FLORENCIA
B24-2450 ADU R 11/25/2024 1 1 0 NONE No No Pending Ministerial 692-361-10 126 AVENIDA DEL

REPOSO B
B24-1623 ADU R 8/7/2024 1 1 0 NONE No No Pending Ministerial 692-371-28 1614 CALLE LAS BOLAS IC24-602 ADU R 12/11/2024 1 1 1 0 NONE No No Approved Ministerial701-231-38 41 VIA CANCION B B24-1897 ADU R 9/13/2024 1 1 0 NONE No No Pending Ministerial 933-250-69 1384 FELIPE B B24-0500 ADU R 2/29/2024 1 1 0 NONE No No Pending Ministerial 14 365
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Summary Row: Start Data Entry Below 0 0 0 4 0 8 3 15
057-033-46
128 AVENIDA SIERRA B22-0977 SFD O 0
057-033-46
128 AVENIDA SIERRA B B22-1509 ADU R 0
057-033-49
122 AVENIDA SIERRA B24-0328 ADU R 0
057-061-12
239 AVENIDA LA CUESTA DP24-027 SFD O 1 2/6/2025 1
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 B23-2150 ADU R 0
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 B23-2158 ADU R 0
057-152-07 209 E EL PORTAL B19-2647 SFD R 0057-152-08 211 E EL PORTAL B19-2649 2 to 4 R 0057-156-27 115 E MARIPOSA B B21-2445 ADU R 0
057-161-04
1401 AVENIDA DE LA ESTRELLA B B23-2938 ADU R 0
057-161-08
167 CALLE REDONDEL B24-0216 ADU R 0
057-162-54
126 CALLE REDONDEL B22-1637 SFD O 0
057-162-77
136 Calle Redondel B B19-2023 ADU R 0
057-234-36
412 AVENIDA SALVADOR B23-2114 SFD O 0
058-052-41
103 W ESCALONES C B21-0970 ADU R 0
058-071-41
424 N EL CAMINO REAL DP24-247 ADU R 1 7/24/2024 1
058-071-41
424 N EL CAMINO REAL DP24-247 SFD O 1 7/24/2024 1
058-092-30
121 AVENIDA ROSA B B23-2515 ADU R 0
058-093-06
112 AVENIDA ALGODON B24-0967 2 to 4 R 0
058-093-24
107 AVENIDA MATEO B24-0970 2 to 4 R 0
058-093-25
105 AVENIDA MATEO B24-0965 2 to 4 R 0
058-121-26
224 AVENIDA MIRAMAR C B22-0498 ADU R 0
058-121-26
224 AVENIDA MIRAMAR B B22-1403 ADU R 0
058-122-17
205 AVENIDA MIRAMAR B24-0039 ADU R 0
058-123-46
238 AVENIDA CABRILLO IC24-284 ADU R 1 7/9/2024 1
060-031-07
102 E AVENIDA SAN GABRIEL C B23-1480 ADU R 0
1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 15 366
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 060-031-07
102 E AVENIDA SAN GABRIEL D B23-1481 ADU R 0
060-064-12
413 E AVENIDA MAGDALENA B B23-2671 ADU R 0
060-093-47
3215 S EL CAMINO REAL B23-0044 SFD O 0
060-093-47
3213 S EL CAMINO REAL B23-0052 SFD O 0
060-093-47
3215 S EL CAMINO REAL B B23-0159 ADU R 0
060-093-47
3213 S EL CAMINO REAL B B23-0160 ADU R 0
060-112-11
107 AVENIDA PALA B B24-0313 ADU R 0
060-141-30
246 AVENIDA LOBEIRO IC24-203 ADU R 1 6/5/2024 1
060-191-07
512 AVENIDA LA COSTA IC23-345 ADU R 1 1/25/2024 1
060-281-36
3824 CALLE TIARA B22-2584 SFD O 0
060-303-20 7 VIA JAZMIN B B24-1375 ADU R 0675-174-29 20 MARANA B22-1701 SFD O 0675-174-33 15 MADRIGAL B B23-2682 ADU R 0675-174-50 8 MAR DEL REY B22-1097 SFD O 0675-226-14 3907 CALLE ABRIL B22-0835 ADU R 0680-191-30 2967 CALLE FRONTERA B B22-2319 ADU R 0
680-442-10 1406 JINETTE B B21-1277 ADU R 0680-521-03
3015 EMINENCIA DEL NORTE B22-2572 SFD O 0
690-092-10
409 CALLE ROBLES B23-2569 SFD O 0
690-101-13
944 AVENIDA PRESIDIO B22-2540 SFD O 0
690-101-36
437 CALLE EMPALME B23-0725 ADU R 0
690-171-07
913 AVENIDA SALVADOR B21-1778 SFD O 0
690-173-09
606 E Avenida San Juan B20-0595 SFD O 0
691-294-05 2703 VIA LADO B23-0104 ADU R 0691-425-01
200 VIA SOCORRO B22-1295 SFD O 0
691-425-02
202 VIA SOCORRO B22-1296 SFD O 0
691-434-54
117 VIA BELLAS ARTES B B22-1976 ADU R 0
691-434-54
117 VIA BELLAS ARTES C B23-1450 ADU R 0
692-044-25 501 Elena Lane TPM24-030 2 to 4 R 2 7/18/2024 2 692-062-19 238 W EL PORTAL B24-1856, IC24-130 ADU R 1 4/16/2024 1 692-073-06 214 W MARIPOSA B21-2554 2 to 4 R 0692-073-28 222 W MARIPOSA IC24-047 ADU R 1 1/25/2024 1 692-082-25 227 W CANADA 5 B22-2183 ADU R 0692-082-25 227 W CANADA 4 B23-1004 ADU R 0 16 367
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
1 4
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 692-082-33
244 W ESCALONES 202 B21-0675 ADU R 0
692-091-04
238 W MARIPOSA C B23-1544 ADU R 0
692-094-05 241 LA PALOMA IC24-272 ADU R 1 6/17/2024 1692-122-38 1510 BUENA VISTA B23-1809 2 to 4 R 0
692-141-10
112 TRAFALGAR LN B B21-0362 ADU R 0
692-142-09
151 TRAFALGAR LN B23-2943 SFD O 0
692-142-11
155 TRAFALGAR LN B B23-2899 ADU R 0
692-143-34
105 W AVENIDA CADIZ B B22-0804 ADU R 0
692-143-40
117 W AVENIDA CADIZ B B22-0596 ADU R 0
692-151-04
147 AVENIDA BARCELONA B B24-0886, IC23-466 ADU R 1 1/24/2024 1 692-151-52
155 AVENIDA BARCELONA B B23-2795 ADU R 0
692-171-01
1407 S OLA VISTA B B23-1503 ADU R 0
692-211-14
121 AVENIDA PRINCESA B24-1179 SFD O 0
692-221-28
220 W AVENIDA VALENCIA B23-2546 ADU R 0
692-222-20
212 AVENIDA PRINCESA IC24-143 ADU R 1 5/6/2024 1
692-232-15
201 W AVENIDA CORDOBA B24-0620 ADU R 0
692-241-06
215 AVENIDA BARCELONA B B22-0347 ADU R 0
692-263-02
251 VISTA MARINA IC24-166 ADU R 1 7/3/2024 1
692-264-03 247 LA RAMBLA B B23-2792 ADU R 0
692-301-03
229 CALLE PRIMAVERA B23-2223 ADU R 0
692-301-06
1817 CALLE DE LOS ALAMOS IC24-503 ADU R 1 10/24/2024 1
692-311-30
207 W AVENIDA SAN ANTONIO B21-0399 SFD O 0
692-361-16
135 AVENIDA
FLORENCIA B22-2131 ADU R 0
692-371-28
1614 CALLE LAS BOLAS IC24-602 ADU R 1 12/19/2024 1
692-382-29
166 AVENIDA ARAGON B B21-0701 ADU R 0
692-395-47 148 W CANADA C B21-0739 ADU R 0701-041-40
120 CALLE AMISTAD B23-0757 ADU R 0
701-341-01
120 CRISTIANITOS RD B23-0758 ADU R 0
701-363-04
31 CALLE AVEITUNA B B23-0490 ADU R 0
17 368
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
0 5 0 12 0 19 21 57
057-033-46
128 AVENIDA SIERRA 1 2/22/2024 1
057-033-46
128 AVENIDA
SIERRA B 1 2/22/2024 1
057-033-49
122 AVENIDA SIERRA 1 8/8/2024 1
057-061-12
239 AVENIDA LA CUESTA 0
057-142-40
600 AVENIDA DE
LA ESTRELLA UNIT 1 1 9/19/2024 1
057-142-40
600 AVENIDA DE
LA ESTRELLA UNIT 2 1 9/19/2024 1
057-152-07 209 E EL PORTAL 0057-152-08 211 E EL PORTAL 0057-156-27 115 E MARIPOSA B 0
057-161-04
1401 AVENIDA DE LA ESTRELLA B 1 7/17/2024 1
057-161-08
167 CALLE REDONDEL 1 10/10/2024 1
057-162-54
126 CALLE REDONDEL 1 7/3/2024 1
057-162-77
136 Calle Redondel B 0
057-234-36
412 AVENIDA SALVADOR 1 7/17/2024 1
058-052-41
103 W ESCALONES C 0
058-071-41
424 N EL CAMINO REAL 0
058-071-41
424 N EL CAMINO REAL 0
058-092-30
121 AVENIDA ROSA B 1 2/28/2024 1
7 Project Identifier Affordability by Household Incomes - Building Permits 18 369
89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
7 Project Identifier Affordability by Household Incomes - Building Permits 058-093-06
112 AVENIDA ALGODON 2 4/30/2024 2
058-093-24
107 AVENIDA
MATEO 2 4/30/2024 2
058-093-25
105 AVENIDA MATEO 2 4/30/2024 2
058-121-26
224 AVENIDA MIRAMAR C 0
058-121-26
224 AVENIDA MIRAMAR B 0
058-122-17
205 AVENIDA MIRAMAR 1 5/17/2024 1
058-123-46
238 AVENIDA CABRILLO 0
060-031-07
102 E AVENIDA SAN GABRIEL C 1 10/23/2024 1
060-031-07
102 E AVENIDA SAN GABRIEL D 1 10/23/2024 1
060-064-12
413 E AVENIDA MAGDALENA B 1 4/2/2024 1
060-093-47
3215 S EL CAMINO REAL 1 8/26/2024 1
060-093-47
3213 S EL CAMINO REAL 1 8/26/2024 1
060-093-47
3215 S EL CAMINO REAL B 1 8/26/2024 1
060-093-47
3213 S EL CAMINO REAL B 1 8/26/2024 1
060-112-11
107 AVENIDA PALA B 1 7/25/2024 1
060-141-30
246 AVENIDA LOBEIRO 0
060-191-07
512 AVENIDA LA COSTA 0
060-281-36
3824 CALLE TIARA 1 7/30/2024 1
060-303-20 7 VIA JAZMIN B 1 11/20/2024 1675-174-29 20 MARANA 1 2/1/2024 1675-174-33 15 MADRIGAL B 1 5/3/2024 1675-174-50 8 MAR DEL REY 1 10/29/2024 1 675-226-14
3907 CALLE ABRIL 1 7/3/2024 1
19 370
89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
7 Project Identifier Affordability by Household Incomes - Building Permits 680-191-30
2967 CALLE FRONTERA B 1 6/14/2024 1
680-442-10 1406 JINETTE B 0680-521-03
3015 EMINENCIA DEL NORTE 1 9/19/2024 1
690-092-10
409 CALLE ROBLES 1 2/12/2024 1
690-101-13
944 AVENIDA PRESIDIO 1 7/29/2024 1
690-101-36
437 CALLE EMPALME 0
690-171-07
913 AVENIDA SALVADOR 0
690-173-09
606 E Avenida San Juan 0
691-294-05 2703 VIA LADO 0691-425-01
200 VIA SOCORRO 0
691-425-02
202 VIA SOCORRO 0
691-434-54
117 VIA BELLAS ARTES B 1 4/2/2024 1
691-434-54
117 VIA BELLAS ARTES C 1 4/2/2024 1
692-044-25 501 Elena Lane 0692-062-19 238 W EL PORTAL 1 10/9/2024 1692-073-06 214 W MARIPOSA 0692-073-28 222 W MARIPOSA 0692-082-25 227 W CANADA 5 1 12/18/2024 1 692-082-25 227 W CANADA 4 1 12/18/2024 1
692-082-33
244 W ESCALONES 202 1 1/22/2024 1
692-091-04
238 W MARIPOSA C 1 11/21/2024 1
692-094-05 241 LA PALOMA 0692-122-38
1510 BUENA VISTA 2 11/21/2024 2
692-141-10
112 TRAFALGAR LN B 0
692-142-09
151 TRAFALGAR LN 1 3/27/2024 1
20 371
89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
7 Project Identifier Affordability by Household Incomes - Building Permits 692-142-11
155 TRAFALGAR LN B 1 6/12/2024 1
692-143-34
105 W AVENIDA CADIZ B 0
692-143-40
117 W AVENIDA CADIZ B 1 2/14/2024 1
692-151-04
147 AVENIDA BARCELONA B 1 7/23/2024 1
692-151-52
155 AVENIDA BARCELONA B 1 3/7/2024 1
692-171-01
1407 S OLA VISTA B 0
692-211-14
121 AVENIDA PRINCESA 1 11/20/2024 1
692-221-28
220 W AVENIDA VALENCIA 1 1/2/2024 1
692-222-20
212 AVENIDA PRINCESA 0
692-232-15
201 W AVENIDA CORDOBA 1 8/29/2024 1
692-241-06
215 AVENIDA BARCELONA B 0
692-263-02
251 VISTA MARINA 0
692-264-03 247 LA RAMBLA B 1 2/9/2024 1
692-301-03
229 CALLE PRIMAVERA 1 3/13/2024 1
692-301-06
1817 CALLE DE LOS ALAMOS 0
692-311-30
207 W AVENIDA SAN ANTONIO 0
692-361-16
135 AVENIDA FLORENCIA 0
692-371-28
1614 CALLE LAS BOLAS 0
692-382-29
166 AVENIDA ARAGON B 0
692-395-47 148 W CANADA C 0701-041-40
120 CALLE AMISTAD 1 9/19/2024 1
21 372
89 Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
7 Project Identifier Affordability by Household Incomes - Building Permits 701-341-01
120 CRISTIANITOS RD 1 9/19/2024 1
701-363-04
31 CALLE AVEITUNA B 1 2/15/2024 1
22 373
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 1 0 3 0 19 12 35
057-033-46
128 AVENIDA SIERRA 0
057-033-46
128 AVENIDA SIERRA B 0
057-033-49
122 AVENIDA SIERRA 1 11/14/2024 1
057-061-12
239 AVENIDA LA CUESTA 0
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 0
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 0
057-152-07 209 E EL PORTAL 2 1/18/2024 2057-152-08 211 E EL PORTAL 2 1/18/2024 2057-156-27 115 E MARIPOSA B 1 2/8/2024 1
057-161-04
1401 AVENIDA DE LA ESTRELLA B 0
057-161-08
167 CALLE REDONDEL 0
057-162-54
126 CALLE REDONDEL 0
057-162-77
136 Calle Redondel B 1 8/1/2024 1
057-234-36
412 AVENIDA SALVADOR 0
058-052-41
103 W ESCALONES C 1 7/29/2024 1
058-071-41
424 N EL CAMINO REAL 0
058-071-41
424 N EL CAMINO REAL 0
058-092-30
121 AVENIDA ROSA B 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
23 374
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
058-093-06
112 AVENIDA ALGODON 0
058-093-24
107 AVENIDA MATEO 0
058-093-25
105 AVENIDA MATEO 0
058-121-26
224 AVENIDA MIRAMAR C 1 5/23/2024 1
058-121-26
224 AVENIDA MIRAMAR B 1 5/23/2024 1
058-122-17
205 AVENIDA MIRAMAR 0
058-123-46
238 AVENIDA CABRILLO 0
060-031-07
102 E AVENIDA SAN GABRIEL C 0
060-031-07
102 E AVENIDA SAN GABRIEL D 0
060-064-12
413 E AVENIDA MAGDALENA B 0
060-093-47
3215 S EL CAMINO REAL 0
060-093-47
3213 S EL CAMINO REAL 0
060-093-47
3215 S EL CAMINO REAL B 0
060-093-47
3213 S EL CAMINO REAL B 0
060-112-11
107 AVENIDA PALA B 0
060-141-30
246 AVENIDA LOBEIRO 0
060-191-07
512 AVENIDA LA COSTA 0
060-281-36 3824 CALLE TIARA 0060-303-20 7 VIA JAZMIN B 0675-174-29 20 MARANA 0675-174-33 15 MADRIGAL B 0 24 375
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
675-174-50 8 MAR DEL REY 0
675-226-14 3907 CALLE ABRIL 0680-191-30
2967 CALLE FRONTERA B 0
680-442-10 1406 JINETTE B 1 4/15/2024 1680-521-03
3015 EMINENCIA DEL NORTE 0
690-092-10
409 CALLE ROBLES 1 7/22/2024 1
690-101-13
944 AVENIDA PRESIDIO 0
690-101-36
437 CALLE EMPALME 1 6/26/2024 1
690-171-07
913 AVENIDA SALVADOR 1 10/17/2024 1
690-173-09
606 E Avenida San Juan 1 9/26/2024 1
691-294-05 2703 VIA LADO 1 2/1/2024 1691-425-01
200 VIA SOCORRO 1 5/14/2024 1
691-425-02
202 VIA SOCORRO 1 5/14/2024 1
691-434-54
117 VIA BELLAS ARTES B 1 12/3/2024 1
691-434-54
117 VIA BELLAS ARTES C 1 12/4/2024 1
692-044-25 501 Elena Lane 0
692-062-19 238 W EL PORTAL 0692-073-06 214 W MARIPOSA 2 10/18/2024 2692-073-28 222 W MARIPOSA 0692-082-25 227 W CANADA 5 0692-082-25 227 W CANADA 4 0692-082-33 244 W ESCALONES 202 0
692-091-04
238 W MARIPOSA C 0
692-094-05 241 LA PALOMA 0
25 376
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-122-38
1510 BUENA VISTA 0
692-141-10
112 TRAFALGAR LN B 1 4/23/2024 1
692-142-09
151 TRAFALGAR LN 0
692-142-11
155 TRAFALGAR LN B 1 11/6/2024 1
692-143-34
105 W AVENIDA CADIZ B 1 1/3/2024 1
692-143-40
117 W AVENIDA CADIZ B 1 9/12/2024 1
692-151-04
147 AVENIDA BARCELONA B 0
692-151-52
155 AVENIDA BARCELONA B 1 3/12/2024 1
692-171-01
1407 S OLA VISTA B 1 6/11/2024 1
692-211-14
121 AVENIDA PRINCESA 0
692-221-28
220 W AVENIDA VALENCIA 0
692-222-20
212 AVENIDA PRINCESA 0
692-232-15
201 W AVENIDA CORDOBA 0
692-241-06
215 AVENIDA BARCELONA B 1 1/25/2024 1
692-263-02
251 VISTA MARINA 0
692-264-03 247 LA RAMBLA B 1 7/22/2024 1692-301-03
229 CALLE PRIMAVERA 1 11/14/2024 1
692-301-06
1817 CALLE DE LOS ALAMOS 0
692-311-30
207 W AVENIDA SAN ANTONIO 1 4/2/2024 1
26 377
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-361-16
135 AVENIDA FLORENCIA 1 8/26/2024 1
692-371-28
1614 CALLE LAS BOLAS 0
692-382-29
166 AVENIDA ARAGON B 1 2/20/2024 1
692-395-47 148 W CANADA C 1 10/3/2024 1701-041-40
120 CALLE AMISTAD 0
701-341-01
120 CRISTIANITOS RD 0
701-363-04
31 CALLE AVEITUNA B 0
27 378
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of
the units
were
Extremely
Low Income?
Please select the
state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction (years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
0 0
057-033-46
128 AVENIDA SIERRA 0 NONE Y 0
057-033-46
128 AVENIDA SIERRA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-033-49
122 AVENIDA SIERRA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-061-12
239 AVENIDA LA CUESTA 0 NONE Y 0
057-142-40
600 AVENIDA DE
LA ESTRELLA UNIT 1 0 NONE Y
Based on SCAG ADU affordability analysis document 0
057-142-40
600 AVENIDA DE
LA ESTRELLA UNIT 2 0 NONE Y
Based on SCAG ADU affordability analysis document 0
057-152-07 209 E EL PORTAL 0 NONE Y 0
057-152-08 211 E EL PORTAL 0 NONE Y 0057-156-27
115 E MARIPOSA
B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-161-04
1401 AVENIDA DE LA ESTRELLA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-161-08
167 CALLE
REDONDEL 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-162-54
126 CALLE
REDONDEL 0 NONE Y 0
057-162-77
136 Calle Redondel
B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
057-234-36
412 AVENIDA SALVADOR 0 NONE Y 0
058-052-41
103 W ESCALONES C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-071-41
424 N EL CAMINO
REAL 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-071-41
424 N EL CAMINO
REAL 0 NONE Y 0
058-092-30
121 AVENIDA ROSA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-093-06
112 AVENIDA ALGODON 0 NONE Y 0
058-093-24
107 AVENIDA MATEO 0 NONE Y 0
058-093-25
105 AVENIDA MATEO 0 NONE Y 0
058-121-26
224 AVENIDA MIRAMAR C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-121-26
224 AVENIDA MIRAMAR B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-122-17
205 AVENIDA MIRAMAR 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
058-123-46
238 AVENIDA CABRILLO 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-031-07
102 E AVENIDA SAN GABRIEL C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-031-07
102 E AVENIDA SAN GABRIEL D 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-064-12
413 E AVENIDA MAGDALENA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-093-47
3215 S EL
CAMINO REAL 0 NONE Y 0
060-093-47
3213 S EL
CAMINO REAL 0 NONE Y 0
060-093-47
3215 S EL
CAMINO REAL B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-093-47
3213 S EL
CAMINO REAL B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-112-11
107 AVENIDA PALA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-141-30
246 AVENIDA LOBEIRO 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-191-07
512 AVENIDA LA COSTA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
060-281-36
3824 CALLE
TIARA 0 NONE Y 0
060-303-20 7 VIA JAZMIN B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
675-174-29 20 MARANA 0 NONE Y 0
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 28 379
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of
the units
were
Extremely
Low Income?
Please select the
state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction (years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 675-174-33 15 MADRIGAL B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
675-174-50 8 MAR DEL REY 0 NONE Y 0
675-226-14
3907 CALLE
ABRIL 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
680-191-30
2967 CALLE
FRONTERA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
680-442-10 1406 JINETTE B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
680-521-03
3015 EMINENCIA
DEL NORTE 0 NONE Y 0
690-092-10
409 CALLE
ROBLES 0 NONE Y 0
690-101-13
944 AVENIDA PRESIDIO 0 NONE Y 0
690-101-36
437 CALLE
EMPALME 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
690-171-07
913 AVENIDA SALVADOR 0 NONE Y 0
690-173-09
606 E Avenida San
Juan 0 NONE Y 0
691-294-05 2703 VIA LADO 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
691-425-01
200 VIA SOCORRO 0 NONE Y 0
691-425-02
202 VIA SOCORRO 0 NONE Y 0
691-434-54
117 VIA BELLAS
ARTES B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
691-434-54
117 VIA BELLAS
ARTES C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-044-25 501 Elena Lane 0 NONE Y 0
692-062-19
238 W EL PORTAL 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-073-06 214 W MARIPOSA 0 NONE Y 0
692-073-28 222 W MARIPOSA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-082-25 227 W CANADA 5 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-082-25 227 W CANADA 4 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-082-33
244 W ESCALONES 202 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-091-04
238 W MARIPOSA
C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-094-05 241 LA PALOMA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-122-38
1510 BUENA VISTA 0 NONE Y 0
692-141-10
112 TRAFALGAR
LN B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-142-09
151 TRAFALGAR
LN 0 NONE Y 0
692-142-11
155 TRAFALGAR
LN B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-143-34
105 W AVENIDA CADIZ B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-143-40
117 W AVENIDA CADIZ B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-151-04
147 AVENIDA BARCELONA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-151-52
155 AVENIDA BARCELONA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-171-01
1407 S OLA VISTA
B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-211-14
121 AVENIDA PRINCESA 0 NONE Y 0
692-221-28
220 W AVENIDA VALENCIA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-222-20
212 AVENIDA PRINCESA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-232-15
201 W AVENIDA CORDOBA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-241-06
215 AVENIDA BARCELONA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-263-02
251 VISTA
MARINA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-264-03 247 LA RAMBLA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
29 380
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of
the units
were
Extremely
Low Income?
Please select the
state
streamlining
provision the
project was APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction (years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum Allowable
Residential Gross Floor
Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 692-301-03
229 CALLE
PRIMAVERA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-301-06
1817 CALLE DE
LOS ALAMOS 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-311-30
207 W AVENIDA SAN ANTONIO 0 NONE Y 0
692-361-16
135 AVENIDA FLORENCIA 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-371-28
1614 CALLE LAS
BOLAS 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-382-29
166 AVENIDA ARAGON B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
692-395-47 148 W CANADA C 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
701-041-40
120 CALLE
AMISTAD 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
701-341-01
120 CRISTIANITOS 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
701-363-04
31 CALLE
AVEITUNA B 0 NONE Y
Based on SCAG ADU affordability
analysis document 0
30 381
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 1 5 - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 14 12 - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 28 10 19 - - - - - Above Moderate 348 5 151 7 10 21 - - - - - 194 154
982
8 153 35 35 57 - - - - - 288 694
5 67
Extremely lowIncome Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 141 - - - - - - - - - - 141
VLI Deed RestrictedVLI Non Deed RestrictedLI Deed RestrictedLI Non Deed RestrictedMI Deed RestrictedMI Non Deed RestrictedAbove Mod Income Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 126
6 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 62 Moderate
282 164 188
Please contact HCD if your data is different than the material supplied here 26 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
276 138
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include Total RHNATotal Unitsunits that were permitted since the start of the planning period. Projection Period units are in a separate column.

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

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

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data. 31 382
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 202 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
8 3
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
32 383
Jurisdiction San Clemente
Reporting Year 2024 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutory deadline, rezone candidate sites with a housing overlay (H) of up to 71.6 acres but at least necessary to accommodate the City’s RHNA shortfall of 244 lower income units, 21 moderate income units, and 277 above moderate income units. The rezoning process will include community outreach, including community outreach for additional potential rezone sites if the candidate sites become unavailable. 2) Facilitate development on the rezoned sites by establishing appropriate objective development standards (including height limit, number of stories, lot coverage, and parking) that would allow development projects to achieve the allowable densities. Specifically, consistent with City practice, the City will allow development potential to be calculated for the entire site based on gross density, while allowing the residential units/mixed use components to be clustered on portions of the site.

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

Completed.The City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the previously designated Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity to satisfy the City’s Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible multi-family housing projects in zones where it is permitted. These efforts and others are described further within the attached 2024 APR Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously to assess its adequacy for meeting the RHNA, particularly for sites capable of facilitating the development of lower income housing.4) Make the inventory of vacant and underutilized sites available to interested developers. Every other year, reach out to developers and property owners to facilitate projects with appropriate parcel sizes, including lot splits or lot consolidation to create appropriately sized parcels (e.g. 0.5 to 10 acres) and/or other incentives or mechanisms to facilitate affordability and meet RHNA requirements. See Programs 3 and 7 for additional housing development outreach. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually.

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

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing Table D
element.

Program Implementation Status pursuant to GC Section 65583 33 384
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.

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

Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories.

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

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

Completed. In December 2024, the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity that can meet the City’s the Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted. These efforts and others are described further within the attached 2024 APR.

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

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

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

Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives. 34 385
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate.

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

Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. 2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers. 2b) At this time, the City has deteremined its lot consolidation ordinance is adequate in conjunction with the City's adoption of Objective Design Standards (ODS) in December 2024 that is applied to by-right approval of housing projects in the housing overlay and SB35 streamlined developments. Several small sites are in the housing overlay and can support SB35 streamling projects, in which the ODS apply with a ministerial process.

This streamlines the review process, allows for affordable housing projects in the Housing Overlay to follow similar development standards as the underlying zone, such as higher lot coverage, reduced setbacks, etc. that facilitate projects on small sites, and the ODS adjust other requirements to faclitiate development of housing. Overall, these changes provide additional incentive and means to develop housing on more small sites, particularly in the housing overlay where the ODS reduces development standard constraints. The City will continue to evaluate the effectiveness of its regulations, including the lot consolidation ordinance. With the recent adoption of ODS, ahead of the action plan objective timeframe, the City will observe how these changes faciliate development of smaller sites and housing generally toward the City's RHNA.

Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022 to reflect recent changes to the State density bonus law. By end of 2022 Ongoing.The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance.

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

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

Ongoing.1) The City will continue to implement standards of the Housing Overlay adopted in December 2024 that was formerly known as the Affordable Housing Overlay.Copmpleted2) In December 2024, the City adopted a Zoning Amendment to adopt Objective Design Standards, selection of sites previously identified in the Housing Element to be added to the Housing Overlay, and zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts; a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to byright approval of housing projects and SB35 streamlined developments. The Housing Overlay includes the prior affordable housing overlay area and adds the potential rezoning sites identified in the Housing Element. 35 386
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7). Ongoing Ongoing. The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an inlieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. In 2025, the City will consider changes to the Inclusionary Housing Program (IHP), revisiting recommendations by the consultant retained by the City in 2021 to complete an analysis of the program; which includes recommendations on funding allocation.

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

For 1, ongoing.For 2, by 2025.

Ongoing.1) The City continues to implement the Inclusionary Housing Program. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate; however the City will pursue the feasibility study according to objective 2. In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe.

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

For 1-2, ongoing.

Ongoing.1) Projects are reviewed according to density bonus regulations. The City implements the Inclusionary Housing Program and zoning standards that are to support and facilitate housing, such as allowing housing to be reviewed ministerially with Objective Design Standards adopted in 2024 when proposed in the Housing Overlay or when part of a SB35 application, the lot consolidation ordinance, and other standards adopted according to State housing law, such as density bonus law and ADUs. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2024, the City did not grant entitlements projects that included a density bonus. The City received a building permit application in 2024 for an project entitled in 2023 with a density bonus concession for a setback with to provide a low income unit, not involving a requested density increase.a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. 36 387
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente.

For 2, ongoing.
2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2023, the City entitled an affordable housing project with a density bonus for a setback concession to support the inclusion of 1 low income apartment. The density bonus request did not include an increase in density.

Program 7: Affordable Housing Development
3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program.4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing.

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

Ongoing.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an inlieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing.4) For long-term affordable housing, in December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. The review process involved collboration with affordable housing developers and public hearings. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.

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

Ongoing.

Ongoing.The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 37 388
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary.2) Facilitate ADU construction through:a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of pre-approved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.

Ongoing.

Completed:1) The City has a permit tracking system to inventory ADUs so staff can monitor progress towards its construction goals. The City reviews and permits Accessory Dwelling Units (ADUs) in conformance with State law. Staff continues to improve public information on ADU standards on the City website and handouts. Since 2021, the City has issued permits for 81 ADUs.2) The City is member of the Orange County Council of Governments that has funded several initiatives to support ADUs including an ADU website, calcualtor, and resources for preapproved plans; among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction.

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

Ongoing.

Ongoing.1-2) In 2023 the City administered $31,635 of CDBG grant funds to four organizations that provide services for case management, food, health care, rent and utility assistance, and transitional housing services. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships. 3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 38 389
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or long- term permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029.2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers.

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

Ongoing.1) In December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. This process included outreach with affordable housing developers on opportunities to facilitate housing production. The adopted Housing Overlay includes the potential rezoning sites in the Housing Element to provide adequate site capacity to meet or exceed the City's RHNA. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.2) The City colloborates with the Fair Housing Foundation and implements a housing rehabilitation grant program with CDBG funding. The City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on a list to maintain and expand through the planning period.

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

Ongoing.

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

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

According to Housing Action Plan Table 5-2
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2023/2024, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Boys and Girls Club about fair housing services. In total, we distributed 2,392 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station. 39 390
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing funds annually.2) Provide assistance to approximately 2,000 persons with special needs, including homeless, seniors and disabled persons, on an annual basis through grant awards.

Ongoing.

Ongoing.1) The City continues to offer grant applications to prospective social service subrecipients. Each of the organization’s applications are then reviewed by the City’s designated Human Affairs committee for the City's Public Services Loan Grant and are approved based on parameters set forth by HUD that address priority needs, including but not limited to safety net programs for lower income households as well as community needs. For 2024, $45,661 was allocated for six (6) organizations.2) As identified in the City's Annual Action Plan, more than 2,000 persons were assisted as a result of CDBG funds awarded to subrecipients via the City's Public Services Grant. Organizations such as Age Well Senior Services offers the Meals on Wheels program that assists seniors throughout the City. Vocational Visions is another subrecipient that offers valuable services such as job training and job coaching for adults with intellectual and developmental disabilities. Lastly, Camino Heath offered heavily reduced costs for medical and pediatric dental care to low income members of the community, including many of whom were homeless.

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

For 1, by 2022. For 2, ongoing.

Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.Ongoing.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. In 2024, the City adopted several zoning changes, described above for objective 1.

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

Ongoing.

Ongoing.1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3, 2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. San Clemente continued to offer the service in 2023 during the pandemic that decreased demand for public transportation services. In 2024, approximately 50,008 rides were provided as of December 31, 2024. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations, such as the YMCA chapter in Orange County. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addition or instead of the toll free phone number. OCTA has continued to work with the City to support and fund ADA ride services 100% for this program. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users. (continued in row below) 40 391
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) Ongoing.

The subsidized cost for the SC Rides services remains constant, matching the original cost offered by the 191 and 193 OCTA bus routes. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location.

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

Ongoing.

Ongoing. 3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described.

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

For 5, every two years.

Completed.This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2024, which found that there are 65 unsheltered homeless and 36 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 16 compared to the 2022 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City to-date hasn't found interest from shelter providers in establishing a shelter in San Clemente. Through a 2021 survey, the City found that shelter operators would not allow homeless persons from other cities to utilize available beds. San Clemente is supportive of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered.

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

Ongoing. Same as row above.
41 392
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bed-limit, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services.

For 6, in 2023-2025.

In Progress.In December 2022, the City adopted updates to the Zoning Ordinance for consistency with State Assembly Law 139. In 2023 and 2024, the City worked with OCCOG consultants to draft updates to its Emergency Shelter Ordinance (ESO) and evaluate potential additional areas for possible inclusion in the Emergency Shelter Overlay. In 2025, the City will include the ESO update in its work program to meet this objective.

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

Ongoing.

Ongoing.1) The City continues to provide CDBG funding for the Housing Rehabilitation Program. Though no loans or grants were awarded in 2024, the City remains committed to providing these services. The program will be active by the 2nd quarter of 2025 and will continue providing qualified applicants funding for these projects. Additionally, the City has comprehensive marketing efforts in place to immediately begin once the program is active. 2) Per Program 15 of the City's Housing Element, the objective would be to provide (40) loans to further Neighborhood Revitalization efforts. Within this current cycle, the City has issued a combined total of (16) loans/grants to qualified applicants meeting HUD's low-income parameters. With new efforts to strengthen the program, which is set to relaunch in the next several weeks, the City is confident it will remain on schedule to meet the programs objective. 3) The City remains committed to searching for new ways to address neighborhood revitalization. To support this goal, the City has contracted with a consultant to identify all available grants, including those that fall within the scope of revitalization efforts. In addition to our allocations from CDBG for rehabilitation and PLHA, we continue to engage key members of the community who need assistance. Our efforts focus on offering resources for home rehabilitation and providing community outreach to serve the unhoused, ensuring that our neighborhood revitalization initiatives benefit all residents Program 17: Preserve AtRisk Housing
1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission.2) Ensure property owners adhere to new state noticing requirements prior to conversion – three- year, one-year, and six-month notices are required.3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the at- risk units as affordable units.4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9.

Ongoing.

Ongoing.The City maintains a contact list to monitor status of affordable units with property managers. Staff also evaluates units at risk of converting to market rate housing, and none of the affordable housing units are at risk within the 10 year planning period (2021-2029). The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. 42 393
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 17: Preserve AtRisk Housing
5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12.

Annually.

Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2023/2024, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Boys and Girls Club about fair housing services. In total, we distributed 2,392 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station. 43 394
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 202 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
44 395
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 202 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

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

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) 45 396
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (2 to 4,5+) Tenure R=Renter Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderat e- Income Total Moderate Income Units Converted from Above Moderate Date Converted Notes Summary Row: Start Data Entry Below 0 0 0 0 0 00 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA 46 397
Jurisdiction San Clemente
Reporting Period 202 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. 47 398
Jurisdiction San Clemente Note: "+" indicates an optional field Reporting Period 202
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 678-163-01 Avenida La Pata/West Avenida Vista Hermosa Vacant Surplus Land 2.29690-372-03 754 Avenida Acapulco Vacant Surplus Land 0.17690-012-01 100 Avenida Presidio Vacant Surplus Land 2.89690-012-02 100 Avenida Presidio Vacant Surplus Land 1.82 NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 48 399
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020 49
400
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 202 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
No
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
50 401
Jurisdiction San Clemente
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Sites analysis, rezoning, and
environmental review $238,594.15 $238,594.15 Other
Completed the ordinance to adopt objective design standards for the housing overlay zoning and SB35 projects according to the housing action plan. Other funding includes $209,990 City general funds and $46,000 SB2 grant funding.

Objective design standards
adoption $61,405.85 $61,405.85 None
Completed the ordinance to adopt objective design standards for the housing overlay zoning and SB35 projects according to the housing action plan.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 4Deed Restricted 0Non-Deed Restricted 8 3 15
Current Year
Deed Restricted 0Non-Deed Restricted 5Deed Restricted 0Non-Deed Restricted 12Deed Restricted 0Non-Deed Restricted 19 2157
Current Year
Deed Restricted 0Non-Deed Restricted 1Deed Restricted 0Non-Deed Restricted 3Deed Restricted 0Non-Deed Restricted 19 1235

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. 300,000.00 $
Task Status
CompletedCompleted
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
51 402
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 1
Meeting Date: March 18, 2025 Agenda Item: 11E.

Submitted By: Code Compliance Division
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2025 ..body Fiscal Impact:

The Weed Abatement Program is budgeted annually from the General Fund and $160,000 was appropriated for fiscal year 2024-2025 to cover all program costs (Account No. 001-452-43000).

Summary:

Each year, the City of San Clemente Code Compliance Division administers the City’s Weed Abatement Program. To initiate the Weed Abatement Program for 2025, the City Council is requested to adopt the proposed resolution to declare weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances. The intent of the weed abatement process is to reduce the possibility of weed and debris fires in San Clemente.

Background:

In early March, the City’s Weed Abatement Contractor compiled a list of 533 vacant properties using the County Assessor’s database. Included on the Vacant Lot List (Attachment 2) are such vacant lots, as well as unoccupied, developed properties. Each listed property owner will be notified of the public hearing/abatement process as required by Section 39567.1 of the Government Code.

At the City Council meeting of April 15, 2025, the City Council will consider a resolution establishing an "Order to Abate" weeds and debris, with an attached exhibit of the list of properties to be included in the program. After adoption of the resolution, the Weed Abatement Contractor will clear the properties not cleared by their owners by May 15th.

Discussion:

Historically, each year, the City Council adopts a resolution (Attachment 1) pursuant to the Government Code section 39561 that finds and declares weeds and trash on specific parcels of property to be a seasonal and recurrent nuisance. This year, these properties are specified in the list provided as Attachment 2. The proposed resolution sets a public hearing (in accordance with Section 39568 of the Government Code) to consider all objections to the abatement.

Following adoption of the proposed resolution, a letter of notification will be mailed to the owners of vacant properties or unoccupied, developed properties on or about April 1, 2025. This letter notifies these owners of their responsibility to remove weeds, trash and debris, and the requirement to maintain their properties in this manner for the remainder of the calendar year. 403
Meeting Date: March 18, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
This letter gives the owners until May 15, 2025 to clear their vacant or unoccupied, developed properties.

To carry out the Weed Abatement program, the City assesses each private lot requiring weed abatement an administrative fee of $200. The City then bills the owners of properties cleared by the Weed Abatement Contractor the cost of abatement plus the $200 administrative fee. Unpaid bills are sent to the County for placement of liens to recover these costs. Historically, the City Council has waived the City’s notification costs for the property owners who abate weeds on their own properties. Last year, the cost waived totaled $2,521.28. In addition to private-property weed abatement activities, the City also pays the Weed Abatement Contractor to clear City-owned lots.

In 2024, this service cost the City $110,262.00. Over the last three years, the total annual cost of the Weed Abatement Program was $132,043 in 2022, $141,960.87 in 2023, and $161,994.35 in 2024.

City Council is requested to adopt a resolution that initiates the 2025 Weed Abatement Program.

The proposed resolution also sets a public hearing for the first City Council meeting in May to hear objections to the weed abatement process.

City Council Options:
 Adopt Resolution 25-32 Initiating the Weed Abatement Program for 2025, which would set a date for a City Council public hearing on April 15, 2025 to hear and consider all objections or protests, if any, to the proposed abatement of weeds growing upon or in front of the properties identified in the Vacant Lot List.
 Continue the Item with direction for staff to provide additional information.  Deny Resolution 25-32 with direction to reconsider the item. Denying the item without direction to reconsider the item would result in not establishing the Weed Abatement program for 2025.

Environmental Review/Analysis
Not a “project” pursuant to the California Environmental Quality Act. The declaration of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente as a nuisance has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Appropriate CEQA determinations will be made for specific projects to abate the nuisance when considered at a later date.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council initiate the Weed Abatement Program for 2025 by adopting Resolution No. 25-32 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTION 39561 AND 39562 OF THE

CALIFORNIA GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT

UPON STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.”
..end
404
Meeting Date: March 18, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Attachment:

1. Resolution No. 25-32

2. Vacant Lot List
Notification:

None.
405
Attachment 1
RESOLUTION NO. 25-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PURSUANT TO
SECTIONS 39561 AND 39562 OF THE CALIFORNIA

GOVERNMENT CODE DECLARING WEEDS, RUBBISH,

REFUSE, AND DIRT UPON STREETS, SIDEWALKS,

PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC

NUISANCES AND PROVIDING FOR THE ABATEMENT

THEREOF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY
RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to the provisions of California Government Code Sections 39561 and 39562, the City Council of the City of San Clemente determines and declares the following to be public nuisances:
(a) All weeds as defined in Government Code Section 39561.5 that are growing upon the streets, sidewalks, or private property in the City; and
(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City.

SECTION 2. The properties upon which, or in front of which, the nuisances described in Section 1 exist are identified in Attachment 2 to the City Council Agenda Report dated March 18, 2025, to which this Resolution is Attachment 1, listed by owner, street address, and Assessor's parcel number.

SECTION 3. Notice is hereby given that Tuesday, April 15, 2025 at 5:30 p.m., or as soon thereafter as the matter may be heard at the regular City Council meeting at 910 Calle Negocio, San Clemente, California, 92673, is hereby fixed as the time for the City Council to conduct a public hearing to hear and consider all objections or protests, if any, to the proposed abatement of weeds growing upon or in front of the properties identified in Section 2 above and the abatement of all rubbish, refuse, and dirt upon or in front of the said properties.

SECTION 4. The City Clerk of the City of San Clemente is hereby instructed to prepare and cause to be mailed written notice of the proposed abatement to all persons owning property described in Section 2 above. The Clerk shall cause such written notice to be mailed to each person to whom such property is assessed as shown on the equalized assessment roll available on the date of this resolution. Said mailings shall comply with Government Code Section 39567.1 and the notice shall 406
Resolution No. 25-32 Page 2
be substantially in the form provided by Section 39566, except that it shall be signed by the City Clerk and the heading may but need not comply with Section 39565.

Section 5. That 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 San Clemente, California
407
Resolution No. 25-32 Page 3

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. 25-32 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of , , by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of ,
.

Approved as to form:

CITY CLERK of the City of
San Clemente, California
Elizabeth A. Mitchell, City Attorney
408
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CITY OF SAN CLEMENTE 2025 WEED ABATEMENT UNSTRUCTURED PRIVATE PROPERTY LIST 2024 CITY OF SAN CLEMENTE VACANT PROPERTY LIST * NEW OWNER OR ADDRESSAPN SITUS OWNER MAILING ADDRESS CITY/STATE/ZIP PHONE 692-394-07 100 W EL PORTAL NSM PROPERTIES LLC 27221 ORTEGA HWY. STE. B MISSION VIEJO, CA 92675-6730692-395-03 169 AVENIDA DEL PONIENTE GREGORY VAN ESSAYAN RETURN MAIL No updated address with the County692-401-01 5 FWY & DE LA ESTRELLA JAMES J. & LAUREN E. WYNNE 125 W AVENIDA CORDOBA SAN CLEMENTE CA 92672701-033-15 CALLE AVANZADO TALEGA ASSOCIATES 15131 ALTON PKWY, #365 IRVINE, CA 92618701-033-17 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-033-22 CALLE AVANZADO TALEGA ASSOCIATES 15131 ALTON PKWY, #365 IRVINE, CA 92618701-033-23 E AVE PICO TALEGA ASSOCIATES 15131 ALTON PKWY, #365 IRVINE, CA 92618701-041-52 CRISTIANITOS ROAD FOOTHILL EASTERN TRANS CORRIDOR 345 CLINTON STREET COSTA MESA, CA 92626-6011701-041-53 CALLE AMISTAD TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-041-57 E. END OF AVENIDA PICO FOOTHILL EASTERN TRANS CORRIDOR 345 CLINTON STREET COSTA MESA, CA 92626-6011701-043-04 E. AVENIDA PICO SANTA MARGARITA WATER DISTRICT 26111 ANTONIO PKWY RANCHO SANTA MARGARITA, CA 02588 459-6539701-043-09 END OF AVE PICO TALEGA ASSOCIATES 2000 FIVEPOINT 365 IRVINE, CA 92618701-051-01 CALLE ALTEA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-051-02 CALLE ALTEA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-056-30 VISTA HERMOSA/PEDRIZA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-091-63 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-101-62 CAMINO CELOSIA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-121-52 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-131-55 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-141-11 CAMINO PEDRIZA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-141-16 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-191-01 CALLE PACIFICA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-191-08 CALLE PACIFICA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-211-52 CAMINO LA PADRIZA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-221-03 CALLE ALTEA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-221-04 CALLE ANGELITOS TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-01 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-02 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-04 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-05 VIA BELLEZA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-07 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-222-08 VIA CANCION TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-222-09 VIA BELLEZA SANTA MARGARITA WATER DISTRICT 26111 ANTONIO PKWY RANCHO SANTA MARGARITA, CA 02588 459-6539701-223-44 CALLE CELESTIAL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146 425
CITY OF SAN CLEMENTE 2025 WEED ABATEMENT UNSTRUCTURED PRIVATE PROPERTY LIST 2024 CITY OF SAN CLEMENTE VACANT PROPERTY LIST * NEW OWNER OR ADDRESSAPN SITUS OWNER MAILING ADDRESS CITY/STATE/ZIP PHONE 701-224-59 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-231-41 VIA BELLEA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-231-42 VIA CANCION TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-241-01 CALLE ALTEA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-241-02 CAMINO LA PEDRIZA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-241-03 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-241-04 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-241-05 VIA AMOR TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-241-06 CALLE VISTA DEL SOL TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-243-35 VIA CANCION TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-244-89 CAMINO FLORA VISTA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-321-11 AVENIDA PICO TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-321-15 LA PATA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-321-23 VISTA HERMOSA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-325-05 LA PATA HP PICO LLC 232 BARNES RD. TUSTIN, CA 92782701-325-07 AVENIDA PICO HP PICO LLC 232 BARNES RD. TUSTIN, CA 92782701-332-11 AVE TALEGA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-14 AVE TALEGA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-15 CALLE ALUMBRADO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-17 AVE VISTA HERMOSA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-18 AVE LA PATA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-19 AVE LA PATA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-332-20 CALLE SALUDA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-341-03 E AVE PICO TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-351-06 AVE LA PATA TALEGA ASSOCIATES 15131 ALTON PKWY, #365 IRVINE, CA 92618701-361-03 VIA DIVERTIRSE TALEGA ASSOCIATES 15131 ALTON PKWY, #365 IRVINE, CA 92618701-361-15 AVE FRESAS TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-371-15 LA PATA TALEG BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-371-16 PASEO VISTA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-371-25 VIA SUERTE TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-371-27 VISTA HERMOSA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146701-381-01 AVE LA PATA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146701-391-01 AVE LA PATA BROOKFIELD TALEGA 78 LLC 3200 PARK CENTER DR 1000 COSTA MESA, CA 92626-7228708-032-03 CALLE ALTEA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146 426
CITY OF SAN CLEMENTE 2025 WEED ABATEMENT UNSTRUCTURED PRIVATE PROPERTY LIST 2024 CITY OF SAN CLEMENTE VACANT PROPERTY LIST * NEW OWNER OR ADDRESSAPN SITUS OWNER MAILING ADDRESS CITY/STATE/ZIP PHONE 708-041-13 AVENIDA TALEGA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146708-041-15 TALEGA BORDER TALEGA ASSOCIATES 2000 FIVEPOINT 365 IRVINE, CA 92618708-061-01 CALLE SALUDA TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146708-061-05 AVE TALEGA TALEGA MAINTENANCE CORP 15241 LAGUNA CANYON ROAD IRVINE, CA 92618-3146708-091-01 CAMINO TIERRA GRANDE TALEGA BUSINESS PARK MAINT CORP 15241 LAGUNA CANYON ROAD IRVINE CA 92618-3146708-101-01 VIA ALCAMO TALEGA MAINTENANCE CORP 1 POLARIS WAY 100 ALISO VIEJO, CA, 92656 427
Attachment 2 – Vacant Lot List is on file with the City Clerk. 5 428
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 1
Meeting Date: March 18, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING THREE PROFESSIONAL SERVICES

AGREEMENTS FOR AS-NEEDED GEOTECHNICAL PLAN REVIEW SERVICES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE EACH OF THE THREE-YEAR CONTRACTS, TWO IN AMOUNTS NOT TO EXCEED $80,000 PER YEAR AND ONE NOT TO EXCEED ..body$30,000 PER YEAR
Fiscal Impact:

Up to $120,000 per year for the combined total of all three contracts will be funded from revenue collected through plan check fees or developer deposit accounts. Approximately $60,000 per year (current FY 2025 budget) will be funded from Account No. 001-411-43535 for plan check services. This General Fund expenditure is offset by developer permit application fees (General Fund Revenue Accounts 34136, 34520, 34532, and 34560). Additionally, the remaining necessary funding for plan review services is generated from direct developer deposit accounts for non-single-family projects.

Summary:

Before the City Council is the award of three professional services agreements to provide on-call (as needed) geotechnical plan review services. Utilizing three companies for on-call geotechnical plan review services provides for flexibility in the Engineering Division to ensure expected deadlines and turnaround times for development related projects are met. Similar to the past five years, staff will utilize two of the consultants as primary reviewers, and only utilize the third consultant if special circumstances arise. Since geotechnical plan reviews require a registered State licensed professional geologist, reviews must be done by on-call consultants and there are no options for increasing in-house reviews to help reduce general fund burden for staffing.

As the result of a solicitation of proposals and selection process by City staff, LGC Geotechnical, Inc., GMU Geotechnical, Inc., and Verdantas, Inc. (Attachments 2, 3, and 4 respectively) are recommended for a three-year term with up to two optional one-year terms exercisable in the City Manager’s discretion. The Professional Service Agreements for the primary reviewers: LGC Geotechnical, Inc. and GMU Geotechnical, Inc. are proposed to have a not-to-exceed contract amount of $80,000 each per year. The Professional Service Agreement for the third reviewer:

Verdantas, Inc. is proposed to have a not-to-exceed contract amount of $30,000 per year.

The total amount spent for geotechnical plan check services varies each fiscal year based on the amount of development. During the past five years, the total yearly expenditures have ranged from approximately $40,000 to $120,000 per year. The lower amount of the range occurred 429
Meeting Date: March 18, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
during the Covid period, and the higher value occurred just after Covid when development of many projects returned after being put on hold by the developers during Covid. Staff believes the average value of actual total expenditures during the next three to five years will be approximately $120,000 per year. Staff is proposing the higher limit of the past five years as the total not to exceed expenditure since it difficult to predict if large landslide types of projects will be submitted for review.

Background:

The Public Works Department/Engineering Division provides geotechnical plan check services for private developments within the City. This includes review and approval of grading projects for new construction, significant redevelopment involving grading, subdivisions, and landslide repairs, etc. San Clemente’s geology poses many issues, and it is critical that development is done in accordance with local and State laws and regulations.

Staff posted a Request for Proposals (Attachment 5) for geotechnical as-needed plan reviews on Planet Bids on December 23, 2024. Staff also reached out to local consultants that may have the experience necessary to meet the RFP requirements. Seven companies submitted proposals.

The only local company to submit a proposal was LGC Geotechnical, Inc. All consultant proposals were evaluated and ranked based upon criteria provided in the Request for Proposals.

Consultants with the highest ratings were invited to more in-depth interviews. Three firms were selected for the recommended as-needed agreement based on their experience, familiarity with the City, staff resources, and record of success on similar types of work. The selected firms are LGC Geotechnical, Inc., GMU Geotechnical, Inc., and Verdantas, Inc.

Each agreement for the primary reviewers is proposed have an annual maximum cost cap of $80,000. The agreement for the third consultant is proposed to have an annual maximum cost cap of $30,000. Consultant charges would be based on the City’s adopted Engineering Fee Schedule for simple single-family projects, and at the hourly rates of time spent for each plan check of multi-family, commercial, and the more difficult projects like landslide repairs. Hourly rates may be adjusted annually by the Consumer Price Index. The annual total paid to each consultant will depend on how many plan checks are assigned and, since these are as-needed agreements, there is no guarantee as to how much work might be assigned to any of the consultants. As with current practice, staff reviews and monitors consultant costs and plan check turn-around times.

Council Options:
 Adopt Resolution No. 25-33, which would award professional services agreements to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for on-call geotechnical plan review services, and authorize the City Manager to execute the three contracts for three-year terms not to exceed $80,000, $80,000 and $30,000 per year respectively with two optional one-year extensions exercisable in the City Manager’s discretion.  Modify and adopt Resolution No. 25-33.
 Continue the item and direct staff to provide additional information. 430
Meeting Date: March 18, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
 Do not award the contracts to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for as-needed geotechnical plan review services and give direction to staff.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Guidelines section 15378 (14 CCR section 15378). The approval of contracts for Plan Review Services has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-33, which would:

1. Award professional services agreements to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for on-call as-needed geotechnical plan check services on an as needed basis; and

2. Authorize the City Manager to execute a professional services agreement (Attachment 2) with LGC Geotechnical, Inc. for a term of three (3) years in an amount not to exceed $80,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion; and

3. Authorize the City Manager to execute a professional services agreement (Attachment 3) with GMU Geotechnical, Inc. for a term of three (3) years in an amount not to exceed $80,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion; and

4. Authorize the City Manager to execute a professional services agreement (Attachment 4) with Verdantas, Inc., for a term of three (3) years in an amount not to exceed $30,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion. ..end
Attachment:

1. Resolution No. 25-33

2. Professional Services Agreement with LGC Geotechnical, Inc.

3. Professional Services Agreement with GMU Geotechnical, Inc.

4. Professional Services Agreement with Verdantas, Inc.

5. Request for Proposal

6. LGC Geotechnical, Inc. Proposal

7. GMU Geotechnical, Inc. Proposal

8. Verdantas, Inc. Proposal
Notification:

All proposers.
431
Attachment 1
RESOLUTION NO. 25-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THREE

SEPARATE PROFESSIONAL CONSULTING SERVICES

AGREEMENTS FOR AS-NEEDED GEOTECHNICAL PLAN

REVIEW SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE THREE-YEAR CONTRACTS,
TWO IN AMOUNTS NOT TO EXCEED $80,000 PER YEAR
AND ONE IN AN AMOUNT NOT TO EXCEED $30,000 PER
YEAR
WHEREAS, the Engineering Division requires outside plan review services to augment City staff; and
WHEREAS, a request for proposals was prepared for on-call (as-needed) geotechnical plan review services and seven (7) responsive proposals were received; and
WHEREAS, after evaluation of the proposals received and interviews of leading firms, LGC Geotechnical, Inc., GMU Geotechnical, Inc. and Verdantas, Inc. have submitted the best proposals, are the most qualified companies to perform the services needed, and have prices that are fair and reasonable; and WHEREAS, utilizing multiple companies for on-call (as-needed) plan review services allows flexibility to ensure expected deadlines and turnaround times are met as the workload fluctuates and is in the best interests of the City and the public.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:

Section 1. That the above recitals are true and correct and incorporated herein fully by reference.

Section 2. That professional services agreements for on-call (as-needed) geotechnical plan review services are hereby awarded to LGC Geotechnical, Inc., GMU Geotechnical, Inc., and Verdantas, Inc.

Section 3. That the City Manager is authorized and directed to execute a professional services agreement with LGC Geotechnical, Inc. for a term of three years with two optional additional 1-year extensions in an amount not to exceed $80,000 annually in a form substantially similar to that presented to City Council on March 18, 2025.

Section 4. That the City Manager is authorized and directed to execute a professional services agreement with GMU Geotechnical, Inc. for a term of three years with two optional additional 1-year extensions in an amount not to exceed $80,000 annually in a form substantially similar to that presented to City Council on March 18, 2025.
432
Resolution No. 25-33 Page 2
Section 5. That the City Manager is authorized and directed to execute a professional services agreement with Verdantas, Inc. for a term of three years with two optional additional 1-year extensions in an amount not to exceed $30,000 annually in a form substantially similar to that presented to City Council on March 18, 2025.

Section 6. That the City Manager or his designee are authorized and directed to take such other and further actions as may be necessary and proper to fulfill the purposes of this resolution.

Section 7. That the City Clerk shall certify 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
San Clemente, California Clemente, California
433
Resolution No. 25-33 Page 3

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. 25-33 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of ,
, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of , .

CITY CLERK of the City of
San Clemente, California
Approved as to form:

Elizabeth A. Mitchell, City Attorney
434
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 18th day of March, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and LGC GEOTECHNICAL, INC., a California corporation, with its principal place of business at 131 Calle Iglesia, Suite 200, San Clemente, CA 92672 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional On Call (As Needed) Geotechnical Plan Check Review consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional On Call (As Needed) Geotechnical Plan Check Review consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional On Call (As Needed) Geotechnical Plan Check Review consulting services for the as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional On Call (As Needed) Geotechnical Plan Check Review consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from March 18, 2025 to March 18, 2028, unless earlier terminated as provided herein. The City and its City Manager shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 435
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Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 436
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one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

3.2.7 City's Representative. The City hereby designates David Rebensdorf, Public Works Director/City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Kevin Colson, Principal Geologist/Secretary, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed an annual amount of Eighty Thousand dollars ($80,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may 438
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request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: LGC Geotechnical, Inc.
131 Calle Iglesia, Suite 200
San Clemente, CA 92672
ATTN: Kevin Colson
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 440
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that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 441
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3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party 442
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beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 443
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CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

LGC GEOTECHNICAL, INC.
(“CONSULTANT”)
By:_____________________________
Kevin B. Colson, Secretary
Dated: __________________, 2025
By:_____________________________
Dennis J. Boratynec, CEO
Dated: __________________, 2025
EXHIBIT "A"

SCOPE OF SERVICES
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Consultant shall perform the following services as requested by the City on an as needed, on call basis for the City (collectively, the “Services”):

The Consultant(s) is/are responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform geotechnical/geological soils report reviews as needed; and

3. Submit clear and concise correction list to the Development Section of the Public Works Department for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City and may include using electronic plan review software); and

4. Respond to telephone inquires from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations.

6. In addition to the potential meetings regarding plan check services, the City may request your presence during emergency land instability investigations.

7. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

8. Stamp plans “approved” for compliance with applicable codes; and

9. Return approved plans to Development Section of the Public Works Department office; and

10. Submit weekly progress reports to the Development Section of the Public works Department. Reports shall include up to date status for each project which has been received by the Consultant along with the due date for its review.

See the attached Request for Proposal, and Proposal from LGC Geotechnical, Inc. for additional information.

EXHIBIT "B"

SCHEDULE OF SERVICES
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Consultant shall diligently perform the services to the City’s satisfaction and as set forth in the attached proposal from LGC Geotechnical, Inc. dated January 20, 2025, which is incorporated fully herein by this reference.

Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe requested by the City.

Required Minimum Level of Service
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
See Request for Proposal for Additional Information
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 447
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 448
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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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 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.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant as follows:

It shall be agreed upon that plan check service invoicing shall be per the City’s latest adopted Engineering Fee Schedule. The total compensation shall not exceed an annual amount of Eighty Thousand dollars ($80,000) without written approval of the City Council or City Manager as applicable.

Contractor/Plan Check Consultant charges for single-family plan checks are to be charged on a fixed fee schedule per the City’s Engineering Fee Schedule. Any language or text within the Professional Services Agreement, the Request for Proposal, and Consultant Proposal regarding Cost Data, Hourly Rate Schedules, and/or Fee Schedules shall be superseded by the fixed fees as per the latest Engineering Fee Schedule for single-family plan check cost.

Plan check consultants shall charge for such reviews on a fixed fee basis and not exceed the Fee Schedule minus the 15% City overhead cost. The Engineering Fee Schedule is available on the City’s website. The fixed fees on the Engineering Fee Schedule are adjusted each July 1 to include any Consumer Price Index (CPI) changes from an April-April yearly period.

Note: There are some occasional single-family developments which the City Engineer may determine to be ‘difficult’ due to landslides or similar issues. The Contractor (Plan Check Consultant) agrees that this determination is solely at the City’s discretion and projects determined to be ‘difficult’ will be forwarded to the Contractor/Plan Check Consultant with a deposit account work order.

Contractor/Plan Check Consultant charges for multi-family residential, commercial, industrial, subdivisions, tract maps, parcel maps, certificates of compliance, traffic reviews, and projects deem ‘difficult’ by the City Engineer are to be charged at a time and material basis per the approved Cost Data, Hourly Rate Schedule, and/or Fee Schedule of the Contractor’s Proposal and the Professional Services Agreement. If the expected charge for an individual review is projected to be in excess of $3,500, then the Contractor/Plan Check Consultant shall notify City Engineering staff and obtain written approval before proceeding further on that particular review.

See the attached Request for Proposal, and Proposal from LGC Geotechnical, Inc. 451
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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.
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Dated: ________________________, 2025
LGC Geotechnical, Inc.
(“CONSULTANT”)
By: ________________________________
Kevin B. Colson
________________________________
Title: Secretary
131 Calle Iglesia, Suite 200__________________
Address
San Clemente, CA 92672
455
Attachment 3

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 18th day of March, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and GMU GEOTECHNICAL, INC., a California corporation, with its principal place of business at 30336 Esperanza, Rancho Santa Margarita, CA 92688 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such professional On Call (As Needed) Geotechnical Plan Check Review consulting services for the as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from March 18, 2025 to March 18, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at his sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 456
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Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 457
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one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

3.2.8 Consultant's Representative. Consultant hereby designates Gregory Silver, President/CFO, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3 Fees and Payments.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may 459
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request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.6 Labor Code Requirements.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.
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Consultant: GMU Geotechnical, Inc.
30336 Esperanza
Rancho Santa Margarita, CA 92688
ATTN: Gregory Silver
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf and Laura Campagnolo, City
Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the 461
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City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if 462
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any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

GMU GEOTECHNICAL, INC.
(“CONSULTANT”)
By:_____________________________
Gregory Silver, CFO
Dated: __________________, 2025
By:_____________________________
Michael Moscrop, Secretary
Dated: __________________, 2025
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services as requested by the City on an as needed, on call basis for the City to the City’s satisfaction (collectively, the “Services”):

The Consultant is responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform geotechnical/geological soils report reviews as needed; and

4. Respond to telephone inquiries from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations; and

6. In addition to the potential meetings regarding plan check services, the City may request your presence during emergency land instability investigations; and

7. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

8. Stamp plans “approved” for compliance with applicable codes; and

9. Return approved plans to Development Section of the Public Works Department office; and

11. Other deliverables as requested by the City.
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe requested by the City and within the required minimum level of service set forth below:
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 468
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 469
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant as follows:

The plan check service invoicing shall be per the City’s latest adopted Engineering Fee Schedule. The total compensation shall not exceed an annual amount of Eighty Thousand dollars ($80,000) without written approval of the City Council or City Manager as applicable.

Plan Check Consultant charges for single-family plan checks are to be charged on a fixed fee schedule per the City’s Engineering Fee Schedule. Any language or text within the Professional Services Agreement, the Request for Proposal, and Consultant Proposal regarding Cost Data, Hourly Rate Schedules, and/or Fee Schedules shall be superseded by the fixed fees as per the latest Engineering Fee Schedule for single-family plan check cost.

Plan check consultants shall charge for such reviews on a fixed fee basis and not exceed the Fee Schedule minus the 15% City overhead cost. The Engineering Fee Schedule is available on the City’s website and is hereby fully incorporated by this reference, which the City may amend from time to time. The fixed fees on the Engineering Fee Schedule are adjusted each July 1 to include any Consumer Price Index (CPI) changes from an April-April yearly period.

Note: There are some occasional single-family developments which the City Engineer may determine to be ‘difficult’ due to landslides or similar issues. The Plan Check Consultant agrees that this determination is solely at the City’s discretion and projects determined to be ‘difficult’ will be forwarded to the Plan Check Consultant with a deposit account work order.

Plan Check Consultant charges for multi-family residential, commercial, industrial, subdivisions, tract maps, parcel maps, certificates of compliance, traffic reviews, and projects deem ‘difficult’ by the City Engineer are to be charged at a time and material basis per the approved Cost Data, Hourly Rate Schedule, and/or Fee Schedule of the Consultant’s Proposal and set forth below. If the expected charge for an individual review is projected to be in excess of $3,500, then the Plan Check Consultant shall notify City Engineering staff and obtain written approval before proceeding further on that particular review. 472
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473
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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.
474
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Dated: ________________________, 2025
GMU Geotechnical, Inc.
(“CONSULTANT”)
By: ________________________________
Gregory Silver
________________________________
Title: CFO
30336 Esperanza, __________________
Address
Rancho Santa Margarita, CA 92688
475
Attachment 4

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 18th day of March, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and VERDANTAS, INC., a California corporation, with its principal place of business at 2600 Michelson Drive, Suite 400, Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

City desires to engage Consultant to render such professional On Call (As Needed) Geotechnical Plan Check Review consulting services for the as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.2 Responsibilities of Consultant.

Consultant retains the right to perform similar or different services for others during the term of 476
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this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 477
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of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

3.2.8 Consultant's Representative. Consultant hereby designates Kristen Williams, Area Leader/Secretary, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in 478
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compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed an annual amount of Thirty Thousand dollars ($30,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 479
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is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.6 Labor Code Requirements.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to 480
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Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

Consultant: VERDANTAS, Inc.
2600 Michelson Drive, Suite 400
Irvine, CA 92612
ATTN: Kristen Williams
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf and Laura Campagnolo, City
Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 481
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that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

San Clemente City CouncilMarch 18, 2025

San Clemente City Council
March 18, 2025