Att. 1 - RESOLUTION_LUMINAR.docx — San Clemente City Council, September 16, 2025

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225, LUMINAR BUSINESS PARK, TO ALLOW THE CONSTRUCTION OF A NEW INDUSTRIAL COMPLEX WITH 11 NEW BUILDINGS ON VACANT LAND, IN CONJUNCTION WITH A MASTER SIGN PROGRAM, AND A LAND AND CONDOMINIUM SUBDIVISION FOR INDIVIDUAL OWNERSHIP OF EACH BUILDING/SUITE, LOCATED AT 1000 CALLE CORDILLERA, AND FINDING THAT NO FURTHER REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS REQUIRED (14 CCR 15162 AND 15183) WHEREAS, in 1983 an Environmental Impact Report (State Clearing House No. 82122412) was adopted for the Rancho San Clemente Specific Plan (RSCSP), which included land uses such as industrial (business park), residential, commercial, open space, and a school; and WHEREAS, on May 9, 2025, an application was submitted by SC Holding LLC, 411 Amapola Avenue, Torrance, CA 90501 for Conditional Use Permit (CUP) 25-223, Development Permit (DP) 25-224, Tentative Tract Map (TTM) 25-225, and Discretionary Sign Permit (DSP) 25-263, and deemed complete on July 1, 2025, which is a request to allow the construction of a new industrial complex with 11 new buildings on vacant land, in conjunction with a master sign program, and a land and condominium subdivision for individual ownership of each building/suite, in the Business Park Zone within the Rancho San Clemente Specific Plan. The site’s legal description is N TR 12125 BLK LOT 11/N TR 12125 BLK LOT 10, and Assessor’s Parcel Numbers 688-151-03 and 688-151-04; and WHEREAS, the Planning Division completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the City Council determine that the project does not require further environmental review pursuant to State CEQA Guidelines Section 15162 and 15183. This is recommended because the Environmental Impact Report (EIR) prepared for the Rancho San Clemente Specific Plan accounted for the development type and intensity contemplated herein in the Business Park zone, and there are no changes proposed by the project or its circumstances, nor any new information unavailable at the time of the 1983 EIR, that indicates that new or more severe environmental impacts will occur from the proposed project beyond the potential impacts already analyzed in the prior EIR. Nor are any new mitigation measures or alternatives available that would substantially reduce onsite project impacts beyond those analyzed in the prior EIR. Additionally, the project is consistent with General Plan policies, design guidelines, and development standards; and WHEREAS, on May 15, 2025, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on June 25, 2025, the City’s Design Review Subcommittee (DRSC) considered the project and supports it with design changes related to landscaping and signage; and WHEREAS, on August 20, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties. The Planning Commission recommends that the City Council adopt this Resolution; and WHEREAS, on September 16, 2025, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and 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 fully herein and adopted as findings of the City Council.

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is consistent with the Rancho San Clemente Specific Plan and its underlying Environmental Impact Report (State Clearing House No. 82122412). Therefore, no further review under the California Environmental Quality Act is necessary pursuant to State CEQA Guidelines Section 15162.

The potentially significant environmental impacts from the project were already analyzed in the prior EIR adopted for the Rancho San Clemente Specific Plan in 1983. No changes to the project site or its circumstances are occurring, nor is there new information available, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. In fact, the proposed Project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, and the proposed FAR is .27. The Project results in half of the floor area allowed in the Business Park zone, and less than, or approximately equal to, half of parking spaces required for a project at the maximum FAR of .5. In addition to a FAR less than the maximum, the proposed building heights are below or at the maximum allowed height of 35 feet, and as a result the site will also see a lower intensity of trip generation because the project will only authorize single-story structures. Therefore, all the potential environmental impacts of the Project were analyzed in the prior EIR and no changes or revisions to that document are necessary. Nor is there any new information of substantial importance, not known at the time of the adoption of the EIR, that indicates new or more severe impacts or the availability of new alternatives or mitigation measures, and no changes to the prior EIR are necessary. Additionally, the project is consistent with General Plan policies, design guidelines, and development standards as outlined in the findings below.

The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR.

In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. The project description assessed in the 1983 EIR included the development of the subject project site as a business park, along with other uses within the Rancho San Clemente Specific Plan such as residential, commercial, open space, and a school. Here, the project consists of a business park complex with 11 new industrial buildings, without changes to the specific plan’s land use map. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project is consistent with relevant mitigation measures adopted in the 1983 EIR relating to geology, soils, and topography; hydrology; water quality; biological resources; land use; visual and aesthetic resources; traffic and circulation; energy; and community services and public utilities. Moreover, although new issue areas have been added to CEQA since the prior EIR, such as Energy Use, Greenhouse Gas Emissions, Tribal Cultural Resources, and Wildfire, the project’s potential impacts in each of these areas were analyzed in the prior EIR and there are no changes proposed by the project or its circumstances, nor any new information unavailable at the time of the 1983 EIR, that indicates that new or more severe environmental impacts will occur from the proposed project beyond the potential impacts analyzed in the prior EIR. Precise grading must be based on the project-specific geotechnical study that is subject to final review and approval by the City Engineer, prior to the issuance of any permits, and is required to include an erosion, siltation, and dust control plan (geology, soils, and topography). In addition to the required precise grading plan, the project is deemed a Priority Project under the State NPDES permit and a Final Water Quality Management Plan will be required prior to the issuance of any permits (water quality). The project does not alter any streambed nor propose development on areas zoned as open space, with exception of trees being planted on the adjacent open space hill to the north of the project site, in the event the project applicant obtains authorization from the association that owns said adjacent open space (biological resources). The applicant is proposing storm drain improvements onsite to accommodate runoff water generated onsite under developed conditions, and to control runoff downstream (hydrology). A final comprehensive landscape plan must be approved and implemented, consistent with the preliminary comments provided by the City’s Landscape Consultant which address compliance with the Hillside Development policies, and ensure the preservation of the adjacent ridgeline view (visual and aesthetic resources). Internal roadways within the Rancho San Clemente Specific Plan that provide access to the project site, including parking areas in compliance with parking requirements, have been previously provided and will remain. Additionally, Regional Circulation Financing and Phasing Program (RCFPP) impact fees are applicable to this development, per the original subdivision requirements of the Rancho San Clemente Specific Plan (traffic and circulation). All new buildings are subject to non-residential building standards in Title 24 of the California Building Standards Code (energy). The project site is in a developed area where public services and utilities are available to support the project. The project’s water and sewer systems were reviewed by the Utilities Division and Orange County Fire Authority for compliance with water and sewer standards, including fire flow standards. The project does not propose removal or an alteration to the nearby water reservoir (community services and public utilities).

Since the 1983 certification of the RSCSP Final EIR, there have been updates to the CEQA Guidelines that address additional topics such as energy, greenhouse gas emissions, tribal cultural resources, and wildfire. The following is a summary of these topics and a discussion of how the proposed project would not trigger new or more severe significant impacts in these areas that were not addressed in the RSCSP Final EIR.

Energy. The requirement to evaluate a project’s energy implications was added to CEQA Guidelines Appendix F (Energy Conservation) in 2009 and incorporated into CEQA Guidelines Appendix G (Environmental Checklist Form) in 2018. Prior to 2018, an EIR’s discussion of energy resource impacts was typically included in an analysis of the project’s irretrievable commitment of resources. The RSCSP Final EIR Chapter identifies project related energy demand on pages 85-87. As the proposed modification to MCSP Section 502(V)(D) would not change the approved land use types or planned development under the MCSP, there would be no new impact or a change in the severity of energy resource impacts from the discussion provided therein, and the project will be required to comply with Mitigation Measure 21: “The use of natural heating and cooling through variable shading, overhangs, clerestory windows, louvers, and other technique shall be included in project design to the extent feasible.” Greenhouse Gas Emissions. The evaluation of greenhouse gas emissions was not incorporated into the CEQA Guidelines until 2010. The RSCSP EIR addressed on-site energy consumption emissions, which are typical examples of greenhouse gas emissions, in its review of the Energy analysis. The Final EIR concluded that the project would result in significant and unavoidable increases in natural gas and transportation related energy consumption and emissions. As the proposed project would not change the approved land use types or planned development under the RSCSP, there would be no new impact or a change in the severity of impacts from the Energy discussion provided in Final EIR Table K.

Tribal Cultural Resources. A CEQA requirement to evaluate impacts to Tribal Cultural Resources was incorporated into the CEQA Guidelines in 2016. The RSCSP Final EIR included a Cultural Resources report in Appendix C, summarized on pages 29-31 of the EIR. Paleontological Resources were discussed in Appendix D and on pages 32-33. To mitigate potential impacts during development under the RSCSP, the Final EIR included Mitigation Measures 11 and 12 to address undiscovered resources. The proposed project does not authorize an increase in development intensity, and development would remain subject to the adopted mitigation measures that address grading and excavation of a project site. Accordingly, the proposed modification would have no new significant impact to tribal cultural resources, and there would be no change in the severity of impacts from the discussion provided in the Final EIR.

Wildfire. The evaluation of wildfire-specific risk was added to the CEQA Guidelines in 2018. The RSCSP Final EIR addressed fire risks, but not specific to wildfire. The Final EIR included Mitigation Measures 23-26 to ensure sufficient water access, fires suppression systems, and also the provision of a new fire station – which is operational at 48 Avenida La Pata. On March 24, 2025, the California Department of Forestry and Fire Protection (CAL FIRE) issued updates to its recommended Fire Hazard Severity Zones within Local Responsibility Areas. The updated maps indicate that the project site would continue to be located outside of a High or Very High Fire Hazard Severity Zone (CAL FIRE, 2025). The southern edge of the site (near Calle Cordillera) is partially within the Moderate Severity Zone. The proposed project would have no new significant impact associated with wildfire, and there would be no change (or a potential reduction) in the severity of impacts from the discussion provided related to fire protection within the Final EIR.

Together, all the above project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

Section 3. Development Permit Findings.

With respect to Development Permit (DP) 25-224, for new non-residential buildings, the City Council finds as follows:

As conditioned, the proposed project is consistent with the General Plan, in that:

The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites within 11 buildings that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide head-of-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; and the Rancho San Clemente Business Park Goal, which states, “Maintain and promote the Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.”; The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting Orange County Fire Authority (OCFA) and CR&R standards. Prominent landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site, for access to the adjacent ridgeline trail, consistent with General Plan Policy UD-3.03 – Buffers and Setbacks, which states, “We require that new uses and buildings, characterized by differing functions, activities, density, scale and massing, to provide conditions of approval, landscaped buffers and/or setbacks between uses to prevent or reduce adverse impacts.”; The project’s mass, scale, and form are compatible and in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies over primary entry doors, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses, consistent with General Plan Policy UD-5.10 – Scale and Massing, which states, “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park and about 70-feet below a ridgeline, near the Knob Hill and Forster Ranch Ridgeline Trail public vista points. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads. The site plan is consistent with General Plan Policy UD-5.14 – Building Design with Topography, which states, “Building design shall consider the site’s natural topography, public view corridors and adjacent building profiles so that canyonization is avoided.”; Proposed landscaping consists of drought-tolerant and native species primarily on the development's edges and throughout the development, consistent with General Plan Policy UD-5.18 – Drought Tolerant/Native Species Landscaping, which states, “Ornamental plantings in new, non-residential development should consist primarily of drought tolerant and California native species. Only in small areas and special public locations, such as high-use areas of parks, should lawns or other high water use vegetation be used.”; and The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects the ridgeline trail to sidewalks at both Calle Sombra and Calle Cordillera. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with General Plan Policy M-2.48 – Bicycle- and Pedestrian Oriented Site Design, which states, “The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development.” As conditioned, the proposed project complies with zoning regulations, in that:

The tallest building point is proposed at 35 feet, in compliance with the height limit of 35 feet; The project provides significantly more than a 20-foot setback from Calle Cordillera and Calle Sombra, in compliance with the minimum setbacks of 20 feet from Calle Cordillera, and 15 feet from Calle Sombra; The project’s FAR is .27 (234,714 square feet), in compliance with the maximum FAR of .5 (451,935 square feet); The project is conditioned to comply with Trip Reduction and Travel Demand Management standards pursuant to SCMC 17.76 (Condition of Approval 4.15); The project provides 487 parking spaces, where 487 parking spaces are required for the anticipated uses; and The project meets landscaping requirements in that 15% of the site and the front setback area is landscaped.

As conditioned, the proposed project is consistent with the City's Design Guidelines, in that:

The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park and about 70-feet below a ridgeline, near the Knob Hill and Forster Ranch Ridgeline Trail public vista points. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads. The proposed grading resulting in the two pads follows the site's topography. Additionally, the one-story nature of the project helps maintain visibility of the ridgeline located behind the project, consistent with Design Guideline 302 VI. Ridgeline Views, which states, “Building pads should be designed and sited in a manner that compliments the natural topography and does not interrupt the view of the primary ridgeline from selected public vista points. The ridgeline should be visible as a backdrop for development, allowing for the appearance of ridgeline between the roofline and the skyline.”; The project consists of stairs and an accessible ramp which directly connects the upper and lower building pads. Additionally, a pedestrian path is provided along the south of the property, providing access to each building pad and the adjacent ridgeline trail, consistent with Design Guideline 303 III.A. Pedestrian Orientation, which states, “The siting of buildings around common pedestrian walkways is encouraged. Pedestrian walkways should be provided connecting individual buildings.”; Proposed exterior lighting consists of fixtures that direct light downward. Additionally, as a condition of approval, a photometric plan must be submitted for review and approval by the Planning Division, prior to issuance of a building permit, to ensure lighting remains within the project site, consistent with Design Guideline 303 III.B. Outdoor Lighting, which states, “Parking lot and outdoor lighting should be the minimum needed to accommodate safety and security, while minimizing impacts on surrounding residential areas. Lighting of any facility should be oriented away and shielded from neighboring residential properties. In addition, the lighting should not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets. Decorative fixtures with shields to direct light downward should be used for overhead lighting. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. Light fixture design should be consistent with the character of the project.”; One six-foot high and 10-foot-wide code-compliant, project identification sign is proposed on the northeast corner of the site with the development's name. The sign consists of fabricated aluminum and low-profile LED lighting, consistent with Design Guideline 303 III.C. Project Identification Signs, which states, “Projects should be identified by low-level monument signing in order to provide business center identification. Such signs may include logos and should be harmonious in scale, form, materials, and colors with project buildings, walls, and other structures. Signs must comply with the Sign Ordinance.”; Proposed building footprints have insets at each suite's entry with staggered angled facades along each building's front elevation. Additionally, each suite has a canopy projecting over its entry. Low-height landscaping is also integrated along the front of suites, consistent with Design Guideline 303 II.D. Variations in Building Footprint, which states, “Building footprints should be designed with variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create visual interest and give a sense of small scale.”; Sufficient space is provided in between buildings to accommodate landscaping, walkways, and drive aisles that meet OCFA and CR&R standards. The site's natural topography allows for landscaped buffers that screen project parking areas from adjacent streets, consistent with Design Guideline 303 III.E.1 Parking Lot Buffering, which states, “There should be a buffer area of at least five (5) feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls. Except where there are walkways, this buffer area should be landscaped. Parking and circulation areas should be screened from the street by landscaping and berming.”; The project provides free-standing architectural walls at each site entry made up of concrete and aluminum which accommodate project signage as a gateway feature into the site. To further emphasize the entries, decorative paving and landscaping is also provided at each entry, consistent with: Design Guideline 304 I.A. Project Entries, which states, “Major project entries should be designed as special statements reflective of the character of the project in order to establish identity for residents, commercial tenants, and visitors. Special paving textures, flowering accents, and specimen trees should be used to reinforce the entry statement.”; Design Guideline 304 I.E. Decorative Paving, which states, “Decorative paving at project entries and interior project pedestrian areas should be used. This should consist of brick, tile, pavers, stamped concrete, or similar materials.”; and Design Guideline 305 III.G Entries, which states, “The main public entrance should be readily visible from the street, parking area, and pedestrian connection. Emphasis on the entry can be achieved by concentrating a secondary material at the entry with a major projection or recess.”; Landscaping in the form of trees and low-height planting is provided along the property edges, and within the development, for compliance with Hillside Development policies, consistent with Design Guideline 304 I.D. Boundary Landscaping, which states, “Boundary landscaping should be installed along all property lines with at least one tree planted for every 30 lineal feet on average. Also, landscape mounding should be used along all arterial highways unless determined unfeasible by the Planning Commission or City Council as appropriate, due to safety or other site considerations.”; The proposed buildings have flat roofs and a maximum height of 35 feet with building lengths close to 400 feet, to accommodate industrial-related uses. Parapet walls are provided, with some corner portions extending higher than the rest of respective buildings to visually improve roof lines. The parapet walls also provide screening for rooftop equipment. Each building's front elevation consists of canopies, canopy signage, staggered suite entrances with an angled façade, landscaping, signage, a mix of wall materials that make up geometric patterns, and accent colors. Additionally, all other building elevations contain the same level of detail with the exception of the entry canopies and canopy signage, consistent with: Design Guideline 305 III.A. Building Mass and Form, which states, “Massing should be simple and possess strongly integrated geometric forms. The massing should relate to the internal function and nature of the space it is intended to enclose. The building should contrast the solid mass of facade with the lighter elements of the entry. The facade should clearly identify and direct people to the entry. The use of strong shadow lines created by recesses and projections are highly encouraged.”; Design Guideline 305 III.B. Articulation, which states, “Differentiation of building facades through the use of materials, colors, and architectural details is encouraged. One-sided architecture, where only the dominant street frontage possesses articulation, should be avoided. If a separate parking structure is provided, the design should be integrated.”; Design Guideline 305 III.C. Roofs, which states, “The roof of a larger buildings should generally be flat with the minimum slope necessary for adequate drainage. The use of mansards and other pitched roofs on the major structures are discouraged. Gabled roofs may be acceptable for smaller buildings. Flat roofs should be surrounded by a parapet which is a continuation of the facade material.”; and Design Guideline 305 III.D. Screening of Equipment, which states, “All roof equipment should be screened to prevent equipment being visible from an off-site horizontal line of sight. This can be done with either a parapet or screen wall designed to be an integral part of the building. Any roof-mounted equipment which is visible from an adjacent building or from surrounding terrain should be located in a compact, neat, and organized manner. Such equipment should be painted to match the surrounding roof surface. Exterior wall drainage, utilities, cabinets, and other systems should be integrated into the design.”; and The predominant material is painted and textured concrete, with secondary materials such as glass and metal. The color palette consists of gray/blue tones as primary colors, and green, orange, and blue as accent colors, consistent with: Design Guideline 305 III.E., which states, “Wall materials are divided into two categories. Those dominant materials which comprise seventy (70) to ninety (90) percent of the building's elevation, should consist of painted or textured concrete, brick, split-faced block, or glass (not to exceed 70%). Glass should not have a reflective factor of greater than thirty percent. The remaining accent or entry materials should consist of tile, plaster, glass block, stone, and some metals. Prohibited materials include wood siding, shingles, and pre-engineered types of metal siding. If covered parking or a parking structure is included, the design details and materials should be integrated and complement the major building.”; and Design Guideline 305 III.F., which states, “Dominant materials generally should be in the range of earth tone, gray, or off white. Secondary material colors should complement and act as a tasteful accent to the dominant material color.” As conditioned, the proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:

The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail; Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit; The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183; and The proposed development is consistent with the General Plan and Rancho San Clemente Specific Plan.

The proposed project is in character and compatible with the properties in the neighborhood, in that:

The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses; All required parking is provided on site with landscaping along parking areas; and Project identification and landscaping is provided at entry points.

Section 4. Conditional Use Permit Findings.

With respect to Conditional Use Permit (CUP) 25-223, for the commercial recreation use, the City Council finds as follows:

The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of Title 17, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:

The project consists of 74 adaptable tenant suites that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide head-of-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; Rancho San Clemente Business Park Goal, which states, “Maintain and promote the Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.” The site is suitable for the type and intensity of use that is proposed, in that:

The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces; Condition of Approval No. 7.6 restricts drop-off/pick-up zones unless approved by the Planning Commission. This restriction facilitates vehicular and pedestrian circulation while other industrial-related uses are operating on site; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

As conditioned, the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that:

The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces; Condition of Approval No. 7.6 restricts queuing and drop-offs/pick-ups on drive aisles unless a revised site plan which accommodates queuing and drop-offs/pick-ups is approved by the Planning Commission. Additionally, Condition of Approval No. 7.9 requires all customers to park and walk to their destination. These conditions of approval facilitate vehicular and pedestrian circulation while other industrial-related uses are operating on site. The applicant is also required, as a Condition of Approval, to incorporate the restrictions and requirements above in CC&Rs; Condition of Approval No. 7.7 requires commercial recreation classes to be staggered by a minimum of ten minutes in between the end and start of each class; Condition of Approval No. 7.8 requires that property management maintain and provide to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail; Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit; The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183; and The project site is in a developed area where public services and utilities are available to support the project.

As conditioned, the proposed use will not negatively impact surrounding land uses, in that:

The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces; Condition of Approval No. 7.6 restricts queuing and drop-offs/pick-ups on drive aisles unless a revised site plan which accommodates queuing and drop-offs/pick-ups is approved by the Planning Commission. Additionally, Condition of Approval No. 7.9 requires all customers to park and walk to their destination. These conditions of approval facilitate vehicular and pedestrian circulation while other industrial-related uses are operating on site. The applicant is also required, as a Condition of Approval, to incorporate the restrictions and requirements above in CC&Rs (Condition of Approval No. 2.6); Condition of Approval No. 7.7 requires commercial recreation classes to be staggered by a minimum of ten minutes in between the end and start of each class; Condition of Approval No. 7.8 requires that property management maintain and provide to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail; Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit; The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

The project site is in a developed area where public services and utilities are available to support the project.

Section 5. Discretionary Sign Permit Findings.

With respect to Discretionary Sign Permit (DP) 25-263, for the Master Sign Program, the City Council find as follows:

The design, including lighting, scale, length and materials, of the signs is consistent with the intent of the design elements of the General Plan, Design Guidelines, and Rancho San Clemente Specific Plan in which the sign is to be located, in that, the proposed signage consists of a monument sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project identification signs located at each entry, and low-profile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project’s architecture and materials; The design, scale and materials of the signs harmonize with the architectural design and details of the building or site it serves, in that, the proposed signage consists of a monument sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project identification signs located at each entry, and low-profile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project’s architecture and materials; The design and scale of the signs is appropriate to the distance from which the signs are normally viewed, in that, tenant building and canopy signs are non-illuminated, and the majority of signage is visible from within the development, and any signage facing north, would either be partially of fully screened by trees. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification; The design and materials of the signs provide a contrast between the background and letters, in that, the buildings consist of a variety of concrete patterns and textures, and an earth tone gray/blue primary color palette; The provisions of the Master Sign Program ensure consistency in design and style of all new signs, in that, tenant signage is limited to a consistent size with no illumination, flat cutout aluminum letters to be painted a satin color. Additionally, illumination for the project identification signs and monument sign is clearly indicated in the Master Sign Program. An elevation drawing is provided which shows the perimeters for new building signs; and All new signs within the Master Sign Program are in compliance with the sign design standards, in that, all signs are required to be of a permanent material such as aluminum, all support hardware is made up of steel and compatible with the project’s architecture and design, all building signs are non-illuminated, lighting for the project identification signs and the monument sign is provided in a manner (halo-lighting and low-profile) which minimizes light or glare upon adjacent residential properties and the public right-of-way, and landscaping is provided around the project identification signs and the monument sign.

Section 6. Tentative Tract Map Findings.

With respect to Tentative Tract Map (TTM) 25-263, for the land and condominium subdivision, the Planning Commission recommends that the City Council find as follows:

As conditioned, the site is physically suitable for the type of development, in that:

The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking; Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project site is in a developed area where public services and utilities are available to support the project; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

As conditioned, the site is physically suitable for the proposed density of the development, in that:

As conditioned, the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:

The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking; Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project site is in a developed area where public services and utilities are available to support the project; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

As conditioned, the design of the subdivision or the type of improvements is not likely to cause serious public health problems, in that:

The subdivision will create buildings and/or suites for separate ownership of spaces used to support business park-oriented uses within an existing business park, and separated from residential uses by 420 feet. Additionally, separate discharge and AQMD permits will be required as applicable; The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking; Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development; The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted; All required parking for the project is provided on site; Adequate trash enclosures are provided per CR&R Environmental Standards; The project site is in a developed area where public services and utilities are available to support the project; The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. Section 15183 requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.

As conditioned, the subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan, in that:

The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide head-of-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; Rancho San Clemente Business Park Goal, which states, “Maintain and promote the Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.”; The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting OCFA and CR&R standards. Prominent landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site, for access to the adjacent ridgeline trail, consistent with General Plan Policy UD-3.03 – Buffers and Setbacks, which states, “We require that new uses and buildings, characterized by differing functions, activities, density, scale and massing, to provide conditions of approval, landscaped buffers and/or setbacks between uses to prevent or reduce adverse impacts.”; The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses, consistent with General Plan Policy UD-5.10 – Scale and Massing, which states, “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”; The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park below a ridgeline, outside of any public view corridor. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads, consistent with General Plan Policy UD-5.14 – Building Design with Topography, which states, “Building design shall consider the site’s natural topography, public view corridors and adjacent building profiles so that canyonization is avoided.”; Proposed landscaping consists of drought-tolerant and native species primarily on the development's edges and throughout the development, consistent with General Plan Policy UD-5.18 – Drought Tolerant/Native Species Landscaping, which states, “Ornamental plantings in new, non-residential development should consist primarily of drought tolerant and California native species. Only in small areas and special public locations, such as high-use areas of parks, should lawns or other high water use vegetation be used.”; The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with General Plan Policy M-2.48 – Bicycle- and Pedestrian Oriented Site Design, which states, “The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development.”; and The project is conditioned to comply with Trip Reduction and Travel Demand Management standards pursuant to SCMC 17.76 (Condition of Approval 4.15).

As conditioned, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that, easements for public access and public utility purposes will be quitclaimed, partially quitclaimed, and relocated.

Section 7. City Council Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Conditional Use Permit (CUP) 25-223, Development Permit (DP) 25-224, Tentative Tract Map (TTM) 25-225, and Discretionary Sign Permit (DSP) 25-263, Luminar Business Park, subject to the Conditions of Approval set forth in Exhibit A.

Section 8. 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. _________ 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

CONDITIONS OF APPROVAL
DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225

LUMINAR BUSINESS PARK

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.

Planning

1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code Comp

1.6 Development Permit 25-224/Conditional Use Permit 25-223/ Discretionary Sign Permit 25-263/ Tentative Tract Map 25-225 shall be deemed to have expired if within six years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

Planning
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1.7 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

Planning

1.8 The applicant shall promptly pay and replenish an estimate of and any outstanding balance for City reviews, such as the WQMP review, CC&R review, and any other deposit account expenses related to this project within 10 days’ notice from the City of any deposit or replenishment request or notice of outstanding balance.

Planning

2.0 PRIOR TO APPROVAL OF A FINAL MAP

2.1 The final map shall indicate that all streets, drainage, storm drains, sewer, street lights, street signage and striping improvements within the interior of this subdivision are private and shall be maintained by the Master Association and/or Sub-association, or such other provision for maintenance which may be subsequently approved by the City Council. (SCMC Section 16.36.030) Public Works

2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.

Public Works
Buyer Notification

2.3 The applicant shall submit to the City Planner and obtain approval from the City Attorney’s Office of a buyer's notification disclosure form, to be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:

Prima Deshecha Landfill
TRW
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Ford Aerospace
Fire hazard due to wildland exposure (Fire - FP16)
The Forster Ranch ridgeline trail and connections
Orange County Flood Control Channel
City of San Clemente Wastewater Treatment Plant
Owens-Illinois Sand and Gravel Operation
Planning
Condominium Conversion

2.4 The applicant shall demonstrate to the satisfaction of the City Planner that each existing tenant has received the following notices:

Ten days' written notification by mail that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request.

Written notification by mail of the intention to convert 180 days prior to the termination of tenancy due to the conversion.

Notice of an exclusive right to contract for the purchase of the tenant's respective unit upon the same terms and conditions that such unit will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report, unless the tenant gives prior written notice of the intent to not exercise the right.

Planning
Covenants, Conditions & Restrictions (CC&Rs)

2.5 The applicant shall submit to the City Planner, and obtain approval from the City Planner, City Engineer, Fire Chief and City Attorney’s Office of Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:

Creation of a Master Association and/or a Sub-association or other entity managed by declarant during the period in which declarant owns at least one parcel within the project for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space, slopes, fuel modification zones, private medians and greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Sub-association, or such other provision for maintenance which may be subsequently approved by the City Council. In addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or Sub-association and that maintenance of all private drainage facilities shall be in conformance with NPDES requirements.

Within 15 days of the establishment of the homeowners association and/or the commercial property owners association, the owner or designee is required to furnish the Board or Officers of each association a copy of each approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and characteristics of all major project components, utilities, and related data.

Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the Association.

A statement indicating that open space (as provided in Lots C, D, & E) shall be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.

A statement indicating that proposed amendments to any portions of the CC&R's, as determined by the City, shall be submitted for review to the City Planner, and shall be approved by the City Attorney’s Office, prior to the amendments being valid.

A statement indicating that storm drain facilities shall be inspected regularly as follows:

Open channels, catch basins and pipelines inspected annually before storm season and removal of debris as necessary.

All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing shall be used in emergency situations only.

A statement obligating the Association(s) to provide to the City Engineer annual reports in the month of June in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.

Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any modifications such as speed bumps, control gates, or parking changes.

A statement indicating that the commercial recreation use allowed in Building 1 shall operate as follows:

The commercial recreation use shall operate in a manner that does not require more than 76 parking spaces; Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of each class, and all schedules on business flyers and social media platforms shall reflect the ten-minute gap.

A statement indicating that schools, and day cares are not allowed, unless entitlements are approved by the City and CC&Rs are amended to allow schools and day cares.

A statement indicating that drop-off/pick-up zones are not allowed unless an amendment to the project is approved by the Planning Commission.

A statement indicating that the property manager/association shall be responsible for maintaining and providing to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied.

K. A statement incorporating the following Conditions of Approval into the CC&R’s:
1) Bicycle parking shall be provided in a manner consistent with the California Building Code and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof. 2) All customers shall park in a designated parking space and walk to their destination. 3) A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants.

Planning Public Works
Fire

2.6 The applicant shall provide a deposit for and reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney’s Office.

Planning
Easements

2.7 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section 16.28.030) Public Works

2.8 The applicant shall demonstrate to the satisfaction of the City Engineer and the City Attorney that quitclaim deeds in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500) Public Works

2.9 The applicant shall submit to the City Engineer, and obtain approval from the City Engineer and the City Attorney of, reciprocal parking and access easements. The recording document shall specifically state the purposes of the easements to be the preservation of access and parking availability in accordance with City Ordinances and the State Subdivision Map Act. (SCMC Section 17.64) Public Works

2.10 The improvement plans shall clearly call out that all storm drain and sewer systems within the development are private systems and are privately maintained including that portion of the sewer system within the public right of way that connects to the sewer main within the Calle Cordillera. (SCMC Section 16.32.010) Public Works

2.11 The applicant shall submit, and the City Engineer shall approve, water and reclaimed water improvement plans, prepared by a registered civil engineer, which reflect consistency with the City's Water and Reclaimed Water Master Plans and standards. Said plan shall provide for the following:

Indicate a service system which provides, or allows for, independent water metering.

All water meters shall be tapped into the public water main and be located in the public ROW.

A double detector check shall be installed at the transition from public to private for water systems.

All reclaimed service lines shall have meters at the public ROW. (SCMC Section 16.32.010)
Public Works

2.12 The applicant shall submit to and obtain the approval of the City Engineer for wastewater improvement plans specific to the project, prepared by a registered civil engineer, which reflect consistency with the City's Sewer Master Plan and standards. (SCMC Section 16.32.101) Public Works

2.13 The applicant shall submit and obtain the approval of the City Engineer and Utilities Director for plans prepared by a registered civil engineer at a scale of 1”=200’ that depict all existing and proposed water services, sewer laterals and mains (including gate valves, pressure reducing stations, reservoirs, lift stations, pressure zones, fire hydrants, manholes, pipe sizes, pipe types and any other related appurtenances). (SCMC Section 16.32.202)
Public Works
Utilities

2.14 All improvement plans must be submitted (along with a plan check deposit in an amount determined by the City Engineer) for review and approval by the City Engineer. These plans include, but are not necessarily limited to, grading, improvements, water, sewer, storm drain, traffic signal, signing and striping, street lights and landscaping and irrigation plans. (SCMC Section 16.32.010) Public Works

2.15 Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in building and the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010) Public Works
Reports

2.16 The applicant shall submit and obtain the approval of the City Engineer for a soils and geologic report prepared by a registered geologist and/or geotechnical engineer which conforms to City standards and all other applicable codes, ordinances and regulations. (SCMC Section 16.12.050) Public Works
General

2.17 Subject to the approval of the City Engineer, quitclaim deeds and dedications as proposed on the Tentative Tract Map are subject to minor revisions due to the final water line improvement alignment and access easement locations. A blanket access easement on subdivision common area streets shall be dedicated to the City for ingress and egress access to its new water system improvements and to the off-site storm drain easement. An easement shall be dedicated to the City for access and use rights to the proposed private storm drain manhole(s) in the main drive aisle off of Calle Cordillera that connect to the City’s existing off-site storm drain system on the property to the north. A public pedestrian access trail shall be included for dedication on the Final Map (SCMC Chapter 15.36).

Public
Works
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2.18 The Tentative Tract Map proposes a full quitclaim of the existing storm drain, sewer and water line easements along the northern boundary. This results in the entire on-site sewer and drainage improvements being privately owned and maintained by the property owner(s). The existing sewer and storm drain utility improvements within these easements are proposed for quitclaim to the property owner(s) on an as-is conditional basis. As currently proposed, the quitclaim of these easements leads to limited accessibility for the City to access the off-site storm drain system which this development drains to within the adjacent property to the north. Prior to Final Map approval, the developer and the City Engineer will resolve this issue to the satisfaction of the City Engineer through additional Final Map conditions of approval, which may include slight modifications to the improvement plans to allow the City permanent easement access rights to the two immediate upstream storm drain manholes, elimination of the first on-site storm drain manhole, and/or creation of vehicle access to the first manhole. (SCMC Chapter 15.36).

Public Works
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3.0 PRIOR TO ISSUANCE OF GRADING PERMITS

3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning

3.2 The City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. (SCMC Chapter 15.36) Public Works

3.3 The applicant shall submit to and obtain the approval of the City Engineer of a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36) Public Works
Abandonments

3.4 The applicant shall submit to the City Engineer a copy of the recorded abandonment from the County of Orange, as well as evidence of recordation of any easements required as a condition of this abandonment. (SCMC Section 12.20.010) Public Works
Addressing and Street Names

3.5 The applicant shall submit to and must obtain approval from the City Planner for a plan depicting all street names and addresses for all of the buildings and facilities within the project.

Planning
Financial Security

3.6 The applicant shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer, for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Engineer, for the following applicable items: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. (SCMC Chapter 15.36) Public Works
Improvements

3.7 The applicant shall submit to and obtain approval of the City Engineer for frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way is approximately 8 feet behind the curbface, a sidewalk easement is/is not anticipated to be required to be granted to the City. Said sidewalk easement shall be submitted to, and approved by, the City Engineer.

Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector. (SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public Works
NPDES

3.8 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40) Public Works

3.9 The applicant shall demonstrate to the satisfaction of the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter 13.40) Public Works

3.10 The applicant shall submit to and must obtain approval from the City Engineer fpr a project binder containing the following documents:

If the project is greater than 1 acre, a Notice of Intent (NOI) for coverage under the General Construction Storm Water Permit must be filed with the State Water Resources Control Board (refer to https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html ) and a copy of the NOI, a WDID number and a copy of the Storm Water Pollution Prevention Plan (SWPPP) must be filed with the City; If the site is determined to be a “Priority Project” (as defined by the San Diego Regional Water Quality Control Board Municipal Separate Storm Sewer Systems Permit – refer to the following web address at https://www.waterboards.ca.gov/sandiego/water_issues/programs/stormwater/), a final Water Quality Management Plan (WQMP) must be recorded with the Orange County Recorder’s Office and filed with the City; and A Final WQMP that addresses to the satisfaction of the City Engineer that the uncompleted aspects of the Preliminary WQMP, including but not limited, to remaining corrections for additional analysis of infiltration testing and documentation. (SCMC Chapter 13.40, 15.36).

Public Works
General

3.11 Unless approved otherwise by the City Engineer, private improvements to be constructed within City easements shall be subject to approval of an Administrative Encroachment Permit/Agreement that limits improvements to asphalt, sidewalk, curb, gutter, and low-lying landscaping not to exceed 36 inches in height. Improvements such as decorative pavers are subject to conditional approval of the City Engineer and may require additional requirements such as sleeving of the City utility improvements. (SCMC Chapter 12.20).

Public Works
**

3.12 Unless approved otherwise by the City Engineer, the developer shall provide evidence of consent from any easement holders for development within easement areas to the satisfaction of the City Engineer. (SCMC Chapter 15.36).

Public Works
**

3.13 Unless approved otherwise by the City Engineer, the developer shall acknowledge in writing that the development is subject to all State water quality and storm drain discharge permit regulations. This may include, but is not limited to, elimination of discharges such as subdrain and other non-storm related discharge. Project designs revisions may be required for compliance with such applicable regulations. (SCMC Chapter 15.36).

Public Works
**

3.14 Landscape Plans shall be approved by the Utility Department. Unless approved otherwise by the City Engineer, no trees shall be planted within City easements or within 10 feet of City utilities. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available. (SCMC Chapter 17.68).

Public Works
**

4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS

4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

Planning
Landscape Plans

4.2 The applicant shall submit, and must obtain approval from the City’s Consulting Landscape Architect, a detailed landscape and irrigation plan incorporating drought tolerant plants, prepared by a registered landscape architect, and in compliance with all pertinent requirements. (SCMC Section 17.68.020) Planning

4.3 The following standards shall apply for all landscape plans specific to parkways, unless otherwise approved for private residential streets:

All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available.

Public Works
Planning
NPDES

4.4 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40) Public Works
Utilities

4.5 If the project pertains to a Food Service Establishment (FSE), the applicant shall submit, and the City Utilities Director shall approve, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency.

Utilities

4.6 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved double-detector check backflow assembly on any/all fire lines above ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations. An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350) Public Works

4.7 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12” from the bottom of each assembly to ground level. (SCMC Section 13.04.350) Public Works
General

4.8 The applicant, or designee, shall submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted on the adjacent open space lot to the north of the project, in the event ownership of said adjacent open space lot authorizes the applicant, or designee, to plant trees on said adjacent open space lot.

Planning
**

4.9 The applicant, or designee, shall submit to and obtain approval from the Building Division and Planning Division, a photometric plan prior to issuance of a Building Permit.

Planning
Building
**

4.10 The applicant, or designee, shall submit construction drawings in compliance with Trip Reduction and Travel Demand Management standards. Construction drawings shall include, but not limited to, the following items:

Applicant shall provide 22 parking spaces designated for carpool vehicles and 4 spaces shall be designated for vanpool vehicles; Applicant shall provide bicycle parking consistent with the California Building Code; The applicant shall provide 1 “All Gender” shower facility; A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants. A notice informing employees of this commuter information center shall be posted in each building that is larger than 25,000 gross square feet.

Planning
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5.0 PRIOR TO FINAL INSPECTION
Engineering

5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28) Public Works

5.2 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12) Public Works
Landscaping

5.3 The applicant shall submit, and the City Planner shall approve, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.

Planning
Lighting

5.4 The applicant shall submit, and the City Planner shall approve, a letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code.

Planning
Surveys

5.5 Prior to approval to pour foundations, the applicant shall submit to and obtain the approval of the City Planner and Building Official of a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.

Planning
Building

5.6 Prior to approval of the framing inspection, the applicant shall submit to and obtain the approval of the City Planner and Building Official for a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.

Planning
Building
Signage

5.7 Prior to approval of any sign, the applicant, or designee, shall submit to and obtain approval from the City Planner, or designee, of an updated Master Sign Program, which shall include that each tenant shall be limited to 64 square feet of signage and no individual sign shall exceed 64 square feet Planning
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General

5.8 A copy of the recorded Water Quality Management Plan (WQMP) shall be supplied to the City. (SCMC Chapter 15.36).

Public Works
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5.9 Prior to final inspection and/or Certificate of Occupancy, the parcels shall be formally merged or approved for a Tract Map to the satisfaction of the City Building Official, City Planner, and City Engineer. (SCMC Chapter 15.36).

Public Works
**

6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY

6.1 All catch basins and/or storm drain inlets shall be stenciled/marked on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN.” All catch basins shall have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34) Utilities

6.2 Unless approved otherwise by the City Engineer, the applicant shall submit, and must obtain approval from the City Engineer, a video, filmed in the presence of a representative of the Public Works Department, of all sewer and drainage improvements. The video shall become the property of the City. (SCMC Chapter 13.30) Public Works
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6.3 The applicant shall demonstrate to the satisfaction of the City Engineer that all survey monuments damaged or destroyed are restored. “Corner Records” shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor’s Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (SCMC Title 16) Public Works

6.4 The applicant shall provide a warranty bond in an amount of 25% of the faithful performance bond for each improvement accepted by the City. This warranty bond shall remain in place for one year from the date of acceptance of the improvement. (SCMC Section 16.32.020) Public Works

6.5 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28) Utilities

6.6 All water and sewer systems, e.g., pump stations, generators, reservoirs, PRV's, etc., shall be fully tested, in the presence of a representative of the Utilities Department, to verify system performance in accordance with design specifications. (SCMC Section 13.24.120) Utilities

7.0 OPERATIONAL CONDITIONS OF APPROVAL
Business License

7.1 A City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24) Utilities

7.2 If the project pertains to commercial, industrial or manufacturing use that may discharge high-strength commercial sewage to the City sanitary sewage system, with between five hundred one (501) and nine hundred (900) milligrams of BOD per liter, the applicant shall submit, and the Utilities Manager shall approve, plans that have been approved by the South Orange County Wastewater Authority (SOCWA) Pretreatment Inspector. Upon approval of design a City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24) Utilities
Commercial Recreation

7.3 All commercial recreation activities are to occur indoors. Doors and windows shall remain closed at all times that indoor amplified sound is being played during the operating hours of the commercial recreation use.

Code Comp

7.4 The commercial recreation use shall operate only within Building 1, as shown on plans approved by the Planning Commission, unless the City Planner approves the operation of the commercial recreation use within another building.

Planning
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7.5 The commercial recreation use shall operate in a manner that does not require more than 76 parking spaces.

Planning
**

7.6 Drop-off/pick-up zones are not allowed unless an amendment to the project is approved by the City Engineer and Planning Commission.

Planning
**

7.7 Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of each class, and all schedules on business flyers and social media platforms shall reflect the ten-minute gap.

Planning
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General

7.8 The property manager shall be responsible for maintaining and providing to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied.

Planning
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7.9 All customers shall park in a designated parking space and walk to their destination.

Planning
**

7.10 If the City Engineer determines that the development’s parking and traffic are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to Development Permit 25-224, Conditional Use Permit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map 25-225 with a plan satisfactory to the City Engineer to address the parking and/or traffic issues, pursuant to Zoning Ordinance Section 17.12.180.

Public Works
Planning
**

7.11 In the event that vehicle stacking or other issues cause circulation and/or queueing/crowding onto the public streets, then the business owner will be required to meet with City staff and propose solutions for implementation including, but not limited to, increasing the number of staff, modifications to the parking management plan and operations, business model modifications, etc. As part of this condition, there shall be no staging or activities within the street and sidewalk right of way (SCMC Chapter 12.20).

Public Works
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7.12 No gates or vehicle prohibitive devices are allowed at the main entrances or across City easements unless specifically approved by the City Planner and City Engineer.

Public Works
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7.13 The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants are prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system (SCMC Chapter 15.36).

Public Works
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7.14 All landscaping and trees shall be maintained by the property owner. This includes any landscaping and trees within the public right of way or considered “street trees” (SCMC Chapter 15.36).

Public Works
**

7.15 If the City Engineer determines that the project’s sewer system causes unacceptable odors to sewer manholes either privately or publicly owned, the property owner(s) shall be required to install odor filtration/capture devices within each manhole as determined by the City Engineer., but limited to the public manhole at the connection at Calle Cordillera and the first upstream public manhole. Unless approved otherwise by the City Engineer, these devices shall be maintained by the property owner (SCMC Chapter 15.36).

Public Works
**
Storm Drain Markers

7.17 The storm drain markers required pursuant to Condition 6.1 shall be maintained in good condition by the applicant.

Utilities
*
Denotes a modified Standard Condition of Approval
**
Denotes a project-specific Condition of Approval
Strikethrough = text deleted post Planning Commission hearing Red Text = text added post Planning Commission hearing
4912-4170-3271 v1
4912-4170-3271 v1
4912-4170-3271 v1
4912-4170-3271 v1
Resolution No. Page 3
Resolution No. Page 2
Exhibit A
Resolution No. EXHIBIT A

San Clemente City CouncilSeptember 16, 2025

San Clemente City Council
September 16, 2025