G. The failure of any recipient of an administrative citation to appear at the administrative action or citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies, and the order of the citation shall be a final determination.
H. The administrative action or citation and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents.
I. If the enforcement officer submits an additional written report concerning the administrative action or citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified mail on the person requesting the hearing at least ten calendar days prior to the date of the hearing.
J. Any document or evidence which either party intends on presenting at the hearing shall be exchanged at least ten (10) calendar days prior to the date of 801
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the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.
K. At least ten (10) calendar days prior to the hearing, the owner of the animal or recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. Evidence obtained within ten (10) days of the hearing shall be immediately provided to the recipient of an administrative citation.
L. The hearing officer may, in his or her sole discretion, continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
6.04.110 Administrative Hearing Decision.
A. After considering all of the testimony and evidence, the hearing officer shall issue a written decision within ten (10) days after the hearing to uphold or deny the administrative citation and shall list the reasons for that decision.
The decision of the hearing officer is final.
B. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the citation is upheld, the responsible party shall be further liable for any balance of fines owed from the date of issuance of the citation to the date that the abatement is verified, or as otherwise determined by the hearing officer.
C. If the hearing officer determines that the administrative citation should be canceled, the City shall refund the amount of the deposited fine.
D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed in this Title.
6.04.120 Right to Judicial Review.
If an administrative order is rendered in favor of the City, the offender may seek judicial review of the administrative order by doing one of the following:
A. Appeal the administrative order pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of the administrative order. Such an appeal shall be made by filing a notice of appeal with the Clerk of the Civil Division of the Orange County Superior Court, Central Justice Center located at 700 Civic Center Drive West, Santa Ana, CA, 92701, along with applicable filing fees and a copy of the administrative order. The appealing party shall also serve a copy of the notice of appeal on the Authority at that time by delivering the same in person or mailing the same by first class mail, postage pre-paid, return receipt requested to: Coastal Animal Services Authority, 221 Avenida Fabricante, San Clemente, CA 92672. If no appeal notice is filed within the twenty (20) calendar day period, the decision shall be deemed final; or
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B. File a petition for a writ of mandate pursuant to Code of Civil Procedure Section 1094.5 within ninety (90) calendar days after service of the administrative order.
6.04.130 Payment of Fees and Fines.
Payment of any fees or fines referenced in this Title shall be remitted to the Authority directly.
6.04.140 Collection of Unpaid fines.
A. The Authority, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a responsible person under this chapter have been collected.
B. Failure to timely remit payment of any administrative fine and/or late penalty authorized under this Chapter is subject to any collection methods permitted by law.
Chapter 6.08 DISEASE CONTROL
6.08.010 Vaccination Required.
Every person owning or harboring a dog, four (4) months of age or older, for fifteen (15) or more days shall have such dog vaccinated against rabies by a licensed veterinarian, and revaccinated thereafter at regular intervals not greater than three (3) years.
6.08.020 Certificate.
Each duly licensed veterinarian, after vaccinating any dog, shall sign a certificate of vaccination containing all information required by the County Health Officer. The veterinarian shall present the certificate to the owner of the vaccinated dog, which the owner shall retain in his or her possession. The veterinarian shall also deliver a list of vaccinated dogs to the Authority on a monthly basis. He or she shall retain a record of all animals that have been vaccinated.
6.08.030 Deferment of Vaccination.
The Orange County Rabies Control Department has the authority to waive the rabies vaccination requirement for any dog for which a licensed veterinarian has certified that the rabies vaccine may endanger the dog's health because of its age, infirmity, debility or other physiological considerations and providing said dog is permanently kept in the house or in a fenced yard adequate to confine the animal at all times. The deferment shall be valid only during the period that the vaccination would endanger the dog's health as said period is shown by the certificate of the licensed veterinarian.
6.08.040 Display of Certificate.
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No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this Chapter.
6.08.050 Reporting Suspected Rabies.
Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the County Health Officer or the General Manager or authorized agent of the Authority. In those areas declared by the Director of the State Department of Public Health to be regarded as rabies areas (Section 1901.2, California Health and Safety Code), the General Manager or their agent shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. The County Health Officer shall be notified by the General Manager or their agent of any animal bite reported.
6.08.060 Quarantine of Animals.
Upon receipt of a report that a person has been bitten or is otherwise exposed by an animal to rabies, the General Manager or authorized agent, at his or her discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility as determined by the General Manager. The animal shall be observed for at least ten (10) days (dogs and cats shall be observed for ten (10) days) after the date of the bite, with the following exception: Dogs and cats may be released after five (5) days of veterinary observation if the observing veterinarian certifies that there are no clinical signs or symptoms of disease.
6.08.070 Entering Private Property.
Except where prohibited by law, the General Manager or authorized agent is empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid. The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the address of the facility to which it shall be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, the officer may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.
6.08.080 Compliance with Quarantine Order.
No person shall disobey any quarantine order issued by the General Manager or remove from its place of confinement any animal under quarantine without the permission of the General Manager.
6.08.090 Animal Contacts with Known or Suspected Rabid Animals.
Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected animal shall be quarantined in a place and manner approved by the General Manager 804
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for a period of six months, or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies: (a) Within two (2) years, but not less than thirty (30) days with a canine livevirus rabies vaccine; or (b) Within one (1) year but not less than thirty (30) days with canine killed-virus rabies vaccine, the dog or cat may be revaccinated in a manner prescribed California Code of Regulations 2606.(c) and quarantined in a place and manner approved by the General Manager for a period of thirty (30) days.
6.08.100 Removal of Animals from Quarantine.
No owner or person, either by himself or through his or her agent, shall, without the consent of the General Manager or an authorized agent of the Authority, remove from any place of isolation or quarantine any animal which has been isolated or quarantined.
6.08.110 Destruction of Rabid Animals.
If upon examination, the General Manager or an authorized agent of the Authority determines that any animal is afflicted with rabies, he or she may cause such animal to be euthanized in a humane manner; provided, however, when any animal shall be known to have bitten, scratched or otherwise exposed a person or animal to rabies, such animal shall be quarantined for such time as may be prescribed by law.
6.08.120 Laboratory Examination for Rabies.
The General Manager or authorized agent may authorize, with permission of the owner and following other legal restrictions, the euthanasia of a biting animal for the purpose of laboratory examination for rabies in an approved laboratory. Costs of quarantining an animal shall be the responsibility of the owner. If any rabid animal, clinically suspected rabid animal, or biting animal dies or has been killed, adequate specimens shall be obtained and examined in an approved public health laboratory. No person shall destroy or allow to be destroyed the brain of an animal of a species subject to rabies that has bitten or otherwise exposed a person before the destruction of such brain has been authorized by the County Health Department.
Chapter 6.10 ANIMAL LICENSES
6.10.010 License Required.
Every person who resides with the jurisdiction of the City who owns or has custody of any dog four months of age or older shall ensure said dog is licensed with the Authority pursuant to this chapter. Guard (sentry) dogs are not excepted. Each such guard (sentry) dog must be individually licensed and each dog shall be wearing its license securely fastened to a collar or harness whether or not the dog is kenneled within the cities served by the Authority.
6.10.020 Application Submission—Timing.
Application for licensing must be made within thirty (30) days after taking possession of a dog that is four (4) months of age or older, or within thirty (30) days of establishing residence within the cities served by the Authority. 805
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6.10.030 Proof of Rabies Vaccination.
No dog shall be licensed without proof of approved rabies vaccination. Rabies vaccination certificates must be signed by licensed veterinarian and be valid for the entire registration period.
6.10.040 License Period.
Licenses shall be issued for a period of one (1), two (2) or three (3) years. The license period shall not extend beyond the remaining period of validity for the current rabies vaccination and, if a dog is exempted from the vaccination requirement, the license period shall not extend beyond one (1) year.
6.10.050 Dog License Fee.
A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Title as provided by resolution of the city councils served by the Authority.
6.10.060 Fee Exemption.
No license fee shall be required for the following:
A. Guide dogs for the blind;
B. Dogs honorably discharged from the Armed Forces of the United States; C. Dogs in the care, custody and control of nonresidents who are traveling through, or temporarily staying in the City for a period not exceeding thirty (30) days, or dogs temporarily brought into the City for the purpose of being entered in a dog show or exhibition, provided such dogs are so entered and not kept elsewhere;
D. Dogs used in crime detection or apprehension by police officers; E. Dogs housed in duly licensed animal shelter or commercial animal rescue shop prior to adoption; or
F. Dogs maintained in an approved research institution or kennel, provided said dog is owned by the owner or operator of said research institution or kennel
6.10.070 License Application.
The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his or her name, address, telephone number, and the name, breed, color, age and sex of each animal for which application is made.
6.10.080 Issuance.
Upon collection of the license fee, a dated receipt shall be issued stating the name, address and telephone number of the owner, tag number, description of the animal, and the expiration date of the rabies vaccination, together with a license tag stamped with a serial number and name of the Authority.
6.10.090 Display of License.
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Each dog required to be licensed shall wear at all times the current license tag assigned to that dog, except when the dog is: (a) physically confined within the premises of the owner or other person authorized to have custody; (b) confined in a vehicle or cage; (c) participating in any dog exhibition, field trial or competition; or (d) confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog to which it belongs; or if not licensed, that fact shall be clearly indicated on the facility's records. Nothing herein contained, however, shall be construed to relieve the necessity of having a current tag for each dog.
6.10.100 Unauthorized Removal.
A license tag shall not be removed from any dog without the consent of the owner thereof.
6.10.110 Lost License Tag.
In case any license tag is lost or destroyed, replacement may be obtained upon showing such proof as may be required and upon payment of the replacement fee.
6.10.120 Dog License Renewal.
Licenses not purchased or renewed within thirty (30) days after expiration, or the date on which they become due, shall be considered delinquent and a late fee as determined by the Authority shall be added to the cost of the new license. An additional fee may be added by the General Manager should the license be delinquent by over one hundred and eighty (180) days. The General Manager or authorized agent may waive the above late fee if he or she determines the applicant made a reasonable effort to comply with the above deadline.
6.10.130 Cat Licensing.
Cats over four months of age may, but are not required to, be licensed with the Authority in the same manner in which dogs are licensed. Cats must have current rabies vaccination valid for the entire one (l) year registration period. The obtaining of such a license shall be optional on the part of the owner.
6.10.140 Displaying Proof of Vaccination.
Every person shall, upon demand by any person charged with enforcing the provisions of this chapter, exhibit any current rabies vaccination certificate or dog or cat license tag issued to said person pursuant to the provisions of this chapter.
6.10.150 Nontransferable License.
Animal licenses are not transferrable or refundable.
6.10.160 False or Stolen Documents or Tags.
No person shall make use of or have in his or her possession a stolen, counterfeit or forged dog or cat license receipt, dog or cat license tag, rabies vaccination certificate, anti-rabies inoculation-deferment form, or other form issued in accordance with this Title.
6.10.170 Counterfeit Tag.
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It is unlawful for any person to attach any current license tag to any dog or cat, which tag was not issued for said dog or cat, or to counterfeit or imitate a dog tag, or to attach a counterfeit or imitation tag to any dog or cat; and it is unlawful for any person to make any false statement as to any fact required in connection with the securing and issuance of a dog or cat tag.
6.10.180 Posting of Licensing Requirement.
The most current poster provided by the Authority communicating the requirement of dogs to be licensed pursuant to Section 6.10.010 shall be posted in a prominent and conspicuous location for view by customers in any fixed commercial establishment where goods or services are specifically provided to dogs, including, but not limited to, veterinary offices, veterinary hospitals, day or overnight boarding, dog wash, dog grooming, dog training, and pet stores.
Chapter 6.12 DOGS AND CATS
6.12.010 Restraint of Dogs.
No person owning or having charge, care, custody or control of any dog shall cause or permit, either shall fully or through failure to exercise due care or control, any such dog to be upon any:
A. Private property unless such dog be restrained thereon by a fence, wall, substantial chain or leash not exceeding six (6) feet in length, other appropriate physical restraint, or is under the charge of a person competent to exercise care, custody and control over such dog; or
B. Highway, street, alley or other public property unless such dog be restrained by a substantial chain or leash not exceeding six (6) feet in length, and is under the charge of a person competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash.
6.12.020 Dogs on Public Property.
A. Dogs Within or Upon Public Beaches, Parks, Municipal Pier, Municipal Golf Course, etc., are prohibited. Except as provided below, no owner or person in charge or in control of any dog shall permit or allow such dog to be within or upon the public beaches, public access ways to the beach, parks, municipal pier, or municipal golf course, and such dogs are prohibited from being within or upon such aforementioned public places.
1. City Parks Where Dogs are Permitted On-Leash: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted within specified parks that the City Council may, from time to time, designate by duly passed resolution or ordinance.
2. City Parks Where Dogs are Permitted Off-Leash: The City Council may, from time to time, designate by duly passed resolution or ordinance, one 808
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or more off-leash dog parks where dogs may be permitted without a leash, provided the owners or owners' agents comply with all animal related rules and regulations, including posted rules and regulations specifically provided for the use of said off-leash dog park(s).
3. Effective Date Designated Parks Are Available to Dogs; Regulations: A park designated by the City Council as being available to dogs shall be deemed to be available for use by dogs at such time as the Director of Beaches, Parks and Recreation erects signs in the park noting that the park has been so designated. Any dog using a public park in accordance with this section shall have a collar attached to it that contains a current dog license.
4. Removal of Park from List of Designated Dog Parks: Notwithstanding any of the above, the City Council may, from time to time, by duly passed resolution, remove any park from its list of parks designated for use by dogs if it determines that such removal is in the best interests of the City.
5. Dogs on Leashes Allowed on Beach Trail: A dog who is on a leash and under the control of the dog's owner or the owner's agent is permitted on all portions of the Beach Trail and all beach access ways providing access to the Beach Trail, including those portions of the Beach Trail and beach access ways that overlay the beach service road, at all times of the year, except on the Fourth of July and during the time that major City-sponsored special events (e.g., the Ocean Festival) are occurring on the beach and the Director of Beaches, Parks, and Recreation has posted the Beach Trail to prohibit dogs, at which times dogs shall be prohibited in such areas.
B. Dogs on Leashes Allowed on Municipal Trails. Dogs on leashes and under the control of the dog's owner or owner's agent are permitted on municipal trails. For the purposes of this section, the term "municipal trails" shall mean those trails identified in the City of San Clemente General Plan.
C. Dogs Prohibited. Dogs shall be prohibited on Avenida Del Mar from its intersection with El Camino Real to its intersection with Avenida Seville during the San Clemente Fiesta celebration.
D. No owner or person in charge or in control of any dog, except a blind person with his or her guide dog, shall permit or allow such dog to be within or upon public school property, public beaches, public access ways to the beach, parks, municipal pier or municipal golf course, except where authorized by this Code. This section does not prohibit the use of dogs on school property for teaching or other school uses when approved by the school officials.
6.12.030 Confinement of Animals in Estrus.
Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that shall prevent access by male dogs or male cats, or the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor. 809
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6.12.040 Running on Owner's Premises.
Except for un-spayed female dogs during the breeding period, the provisions of this chapter do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog.
6.12.050 Working Dogs.
A working dog, performing acts such as herding under the control and supervision of owner or handler shall not be considered as unleashed while performing his or her duties. A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in the above capacities in areas designated for such activities.
6.12.060 Public Protection from Dogs.
Dog owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting, attacking or attempting to bite any person or from interfering with the use of public or private property. Any person owning or having custody or control of a vicious dog commits a violation of this Code if, as a result of that person's failure to exercise ordinary care, the dog bites, attacks, wounds or otherwise injures or kills a human being and the owner or custodian knew or should have known of the vicious or dangerous nature of the dog. It is unlawful for any person to fail to comply with this Section. However, nothing in this Section shall authorize the bringing of a criminal action pursuant to a violation of this Section if the bite, attack, attempted bite, injury or threat was sustained by person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian or the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.
6.12.070 Beware of Dog Notice.
Whenever the General Manager or authorized agent receives a report of a dog with a disposition of propensity to attack or bite any person or animal without provocation, he or she may require a sign to be placed by the owner stating the following: "Beware of Dog."
Chapter 6.20 POTENTIALLY DANGEROUS AND VICIOUS DOGS
6.20.010 Purpose of this Chapter.
Within the City of San Clemente there are potentially dangerous and vicious dogs that are a threat to the health, safety and welfare of the citizens of the City. The provisions of this Chapter set forth the procedures by which the Authority can find a dog to be a potentially dangerous dog or a vicious dog and the consequences of such a finding. This Chapter is intended to supplement rather than supplant any other remedy available under County or City ordinance, or State law.
6.20.020 Determination of Potentially Dangerous or Vicious Dog. 810
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A. A dog is “potentially dangerous” if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31602:
1. A dog that on two separate occasions within the prior thirty-six (36) month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock, off the property of the owner or custodian of the dog;
2. A dog that, when unprovoked, bites a person or otherwise engages in behavior causing a less serious injury than as defined as a “severe injury” in this Title; or
3. A dog that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock of the property of the owner or custodian of the dog.
B. A dog is a "vicious dog" if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31603:
1. A dog that, when unprovoked, inflicts severe injury on or kills a person;
2. A dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the California Food and Agriculture Code;
3. A dog previously designated as and currently listed as a potentially dangerous, dangerous or vicious dog in any jurisdiction, which, after its owner or custodian has been notified of that designation, continues any behavior described in Section 6.20.020 or is maintained in violation of Section 6.20.130, a stipulation, an administrative decision, a court order, or restrictions placed upon it by any jurisdiction.
6.20.030 Right of Entry for Inspection.
A. An Animal Control Officer or a law enforcement officer may enter a building or property to inspect the premises only if:
1. The owner or occupant of the building or property consents to the entry and inspection after the Animal Control Officer or law enforcement officer presents his or her credentials and explains the reasons for the entry and inspection; or
2. The Animal Control Officer or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or
3. The Animal Control Officer or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that exigent circumstances exist to safeguard an animal or public health and safety. Under these circumstances, the Animal Control Officer or law enforcement officer may 811
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use reasonable means to immediately enter and inspect the building or property in furtherance of safeguarding an animal or public health and safety after presenting his or her credentials to the owner or occupant and requesting entry, when practicable.
B. A person who prevents or obstructs an Animal Control Officer or a law enforcement officer engaging in the capture of an animal running at large is guilty of a misdemeanor.
6.20.040 Authority to Seize and Impound Dog.
A. An animal control officer or law enforcement officer may immediately seize and impound a dog when probable cause exists that impoundment is necessary for the preservation of animal or public health, safety or welfare.
B. A dog may be impounded under subsection A without a prior hearing. When not contrary to public safety, the General Manager may allow the dog to be released to the owner or custodian, or to be confined, at the owner’s expense, in an Authority-approved animal or veterinary facility.
C. The owner or custodian of the dog is liable for all impound fees and costs if the dog is determined to be potentially dangerous or vicious, or for any other dog impounded three or more times within a twelve (12) month period. The fees and costs must be paid before the release of the dog, but no later than ten (10) days after the dog is available to be released.
D. Any dog seized and impounded pursuant to the Chapter that is not claimed with ten (10) days by the owner or custodian being notified by the Authority of the impound shall be deemed abandoned and automatically become the property of the Authority.
6.20.050 Initial Administrative Review by General Manager of Potentially Dangerous or Vicious Dog; Request for Hearing.
A. The General Manager shall make an initial determination of whether a dog is potentially dangerous or vicious. A notice of this determination will be served on the owner or custodian of the dog within ten (10) days of any impoundment of the dog. That notice shall inform the owner or custodian of the basis for the General Manager’s determination, conditions of release and/or retention of the dog (if applicable), and how to appeal the General Manager’s determinations and conditions of release or retention.
B. General Manager, in his or her sole discretion, may impose conditions of release and/or retention on the owner or custodian of any dog determined by the General Manger to be potentially dangerous or vicious. The owner or custodian may agree to any such conditions in lieu of an appeal hearing as provided in this section.
C. The owner or custodian of the dog may appeal any notice from the General Manager issued pursuant to this section, by serving the Authority with a written request for appeal within ten (10) days of the date listed on the 812
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General Manger’s notice. Failure to timely serve a written request for appeal will be deemed a waiver of any right to an appeal hearing under this chapter.
D. For purposes of this Chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.
6.20.060 Potentially Dangerous or Vicious Dog Hearing.
A. Hearing. If an owner or custodian of a dog timely appeals the General Manager’s determination that a dog is either potentially dangerous or vicious, the General Manager may, in his or her sole discretion proceed with either an administrative hearing or petition the Superior Court within the judicial district of the City for a hearing pursuant to Food and Agriculture Code section 31621, et seq., for a determination of whether the dog should be declared potentially dangerous or vicious.
B. Notice of Hearing and Petition. The General Manager must notify the owner or custodian of the dog that an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The General Manager will serve the owner or custodian of the dog with notice of the hearing and a copy of the case records, either personally or by first class mail. The hearing will be held between five (5) and ten (10) working days after the service of the notice upon the owner or custodian of the dog. Time to conduct an administrative hearing may be extended by mutual agreement of both the General Manager and the owner or custodian of the dog.
C. Conduct of Administrative Hearing. The administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this chapter. The administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.
D. Administrative Hearing Officer. Administrative hearings will be conducted by a neutral hearing officer appointed by the Authority. The hearing officer shall not be an employee of the Authority or of the City of San Clemente.
E. Failure to strictly comply with the provisions of this section will not invalidate any findings, determinations or orders made pursuant to an administrative hearing.
6.20.070 Notice of Decision.
Following an administrative hearing conducted pursuant to Section 6.20.070, a written notice of the decision must be served on the owner or custodian of the dog, and on the Authority if the hearing was conducted by an outside hearing officer, either personally or by first class mail within ten (10) calendar days after the hearing.
6.20.080 Consequences of Potentially Dangerous Dog Determination. 813
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The following conditions apply to a dog determined to be potentially dangerous:
A. In addition to any other conditions, the dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
B. The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The Authority must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the Authority must inspect and give written approval of the yard or enclosure within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
C. The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises. The owner or custodian of the dog must notify the Authority immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock.
D. The owner or custodian of a potentially dangerous dog who intends to move the dog out of the jurisdiction or transfer ownership and/or custody of the dog to any other person, shall at least ten (10) days prior to the move or transfer, inform the Authority in writing of the name, address and telephone number of the proposed new owner or custodian. The Authority may prohibit the proposed move or transfer for good cause, which includes, but is not limited to, the move would create an unreasonable risk to public safety or the new owner or custodian refuses to be bound by reasonable conditions associated with the dog as imposed by the Authority.
E. The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within sixty (60) calendar days after release of the dog to the owner or custodian. The course must be approved by the Authority before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the Authority within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
F. The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within thirty (30) calendar days after the 814
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decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
G. The owner or custodian of the dog may be required to maintain a bond or insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog in such amount as the General Manager determines is adequate to protect the public. If required to maintain insurance, the owner or custodian must show proof of insurance within ten (10) days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.
H. Prior to and as a condition of the release of any dog deemed to be potentially dangerous that is impounded by the Authority, the owner or custodian of the dog shall enter into a written agreement to defend, indemnify and hold harmless the City of San Clemente, the City of Dana Point, and the Coastal Animal Services Authority from and against any claim relating to the released dog. Defense counsel must be approved by the indemnified party(s).
I. All charges for services performed by the Authority, including, but not limited to, impound fees, and all fines must be paid before the release of the dog to its owner or custodian, or within ten (10) days after the services are provided or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within ten (10) days after the services are provided or the fines are ordered to be paid, the dog will be deemed abandoned and may be placed for adoption or disposed of in a humane manner according to law, at the absolute discretion of the Authority.
J. If the determination that a dog is potentially dangerous is made after a court hearing, the judicial officer must impose a fine on the owner or custodian of up to five hundred dollars ($500.00) for each separate basis upon which the determination was made. The court will also order the owner or custodian to pay to the Authority all reasonable costs for services provided.
K. An administrative hearing officer or judicial officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare, or are in the interest of justice.
6.20.090 Consequences of Vicious Dog Determination.
A. A dog determined to be vicious pursuant to this Chapter may be euthanized by the Authority when release of the dog would create a substantial threat to public health, safety, or welfare, and no reasonable alternative is available, as determined by the Authority.
B. If it is determined that a dog found to be vicious will not be euthanized, the administrative hearing officer or judicial officer must impose on the owner or custodian, at a minimum, all required conditions of a potentially dangerous dog pursuant to Section 6.20.100, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare. 815
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C. The enclosure that is required by subsection B of Section 6.20.100 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Authority in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the Authority within ten (10) days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.
D. The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Authority before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Authority within ten (10) days after the administrative hearing or court determination declaring the dog is vicious.
E. The owner or custodian of the dog must post ‘Beware of Dog’ signs on the premises, at a location(s) approved by the Authority, stating that a vicious dog resides on the premises. The sign(s) must be posted within ten (10) days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.
F. If the determination that a dog is vicious is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to one thousand dollars ($1,000.00) for each separate basis upon which the determination was made. The court must also order the owner or custodian to pay to the Authority all reasonable costs for services provided.
G. The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.
H. An administrative hearing officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare or are in the interest of justice.
6.20.100 Consequences of Violation of Conditions.
A. Consequences that may result from the failure of an owner or custodian of a dog released after a hearing fails to comply with any of the conditions imposed under Section 6.20.100 or Section 6.20.110 include, but are not limited to, the following:
1. The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period not to exceed six months, or by both a fine and imprisonment;
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2. A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the County to take any other action permitted by law;
3. A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the initiation of proceedings to determine if the dog is vicious pursuant to this Chapter.
4. Violation of any term of release of any dog determined to be potential dangerous or vicious pursuant to this Chapter is subject to being summarily impounded by the Authority, and at the owner’s expense.
6.20.110 Removal of Designation.
A. Potentially Dangerous Dog. If there is no additional instance of any behaviors of a potentially dangerous dog as described in Section 6.20.020 within the thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog will be removed from the list of potentially dangerous dogs. The dog may, but is not required to, be removed from the list of potentially dangerous dogs before the expiration of the thirty-six (36) month period if the owner or custodian of the dog demonstrates to the General Manager’s satisfaction that changes in circumstances or measures taken by the owner or custodian is such that the dog no longer poses a threat to public safety and general welfare.
B. Vicious Dog. Notwithstanding any other provision in this Title, no dog subject to a final determination of being vicious pursuant to this Chapter shall be permitted to have such designation removed.
6.20.120 Exceptions to Designation of Potentially Dangerous or Vicious Dog.
No dog may be declared potentially dangerous or vicious if:
A. The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime to which the dog was reacting;
B. The dog was protecting or defending a person from an unjustified attack or assault;
C. The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog;
D. The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian, and the injury was to a type of animal appropriate to the work of the dog.
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6.20.130 Infraction/Misdemeanor Penalty.
Any violation of this Chapter may be prosecuted as a misdemeanor and in addition to any other remedies or enforcement actions by the Authority, the City, City Attorney, the City Prosecutor, the District Attorney, or any other person or entity with enforcement powers.
Chapter 6.24 ANIMALS AT LARGE, EXCESSIVE NOISE, AND OTHER NUISANCES
6.24.010 Keeping Animals or Fowl Near Residences.
It shall be unlawful for any person in a residential structure to keep or maintain any animal within one hundred (100) feet of any other residential structure occupied by a person other than the animal's owner and/or keeper unless:
1. It is expressly allowed by the Zoning Code;
2. Dogs and cats. With the exception of those persons who have a valid animal rescue permit issued by Authority, any person keeping four (4) or more dogs or cats over four (4) months in age, or any combination thereof, is first required to obtain a private kennel permit pursuant to San Clemente Municipal Code Section 6.20.010. Keeping more than six (6) animals other than dogs or cats over four (4) months in age, or any combination thereof, on any residential property is prohibited except as may otherwise be expressly permitted by this Title.
6.24.020 Trespassing.
No person owning or having charge, care or custody of any animal shall permit such animal to trespass or be upon any private property of another person without the consent of such person.
6.24.030 Property Damage.
A. No person owning or having charge, care or custody of any animal shall permit such animal to damage or destroy the property of any person other than that of the owner of such an animal.
B. Parkways comprising the area between the street and sidewalk shall be included as private property for the purposes of this Chapter.
6.24.040 Animal Noises Prohibited.
No person shall keep, maintain or permit on any lot, parcel of land or premises under his or her control any animal which, due to any sound emitting from the animal, unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with the reasonable and comfortable enjoyment of life and property.
A. Prohibited animal noise includes, but is not limited to, dog barking or any other noise heard beyond the lot, parcel of land or premises where the animal is, for continuous period of thirty (30) minutes or more, or intermittent noise for period of sixty (60) minutes or more.
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B. Unreasonable noise emitting from an animal in violation of this Chapter may be established by three (3) witnesses who do not live at the same address and who provide individual sworn declarations under penalty of perjury attesting to the time and nature of the unreasonable noise.
6.24.050 Excreta Nuisance Prohibited.
It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to permit any animal to commit any nuisance by leaving its excreta and to allow such nuisance to therefore remain on any public sidewalk, public park or any other public property or on any improved private property other than that of the owner or person who has custody or control of such animal.
6.24.060 Unsanitary Animal Conditions Creating Nuisance Prohibited.
It shall be unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care or control, to maintain any property, parcel, structure, home, facility or otherwise where the presence of any such animal creates a nuisance, including, but not limited to, conditions that are unhealthy to the animal or any human, results in offensive odors, creates an insect breeding reservoir, or any other condition that promotes disease or interferes with the comfortable enjoyment of life or property.
6.24.070 Tying Animals to Trees.
No person shall tie any animal to any shrub or tree growing along any public sidewalk or street of the City.
Chapter 6.28 WILD, EXOTIC, NONDOMESTICATED ANIMALS
6.28.010 Permit Required.
No person shall keep or maintain any wild, exotic or non-domesticated animal within the boundaries of the cities served by the Authority without first obtaining a permit from the General Manager. In addition to all information required in the application, the applicant shall substantiate to the satisfaction of the General Manager the following facts:
A. That the wild/exotic or non-domesticated animal at the location proposed shall not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare;
B. That the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested without harm to the animals or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site; and C. Is in compliance with applicable zoning regulations and other laws.
6.28.020 Fee
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The fee for a wild/exotic or non-domesticated animal license shall be set by resolution of the city councils served by the Authority.
6.28.030 Wild Animals to be Confined.
No person owning or having charge, custody or control or possession of any wild/exotic or non-domesticated animal, or while operating any wild animal establishment, shall permit or allow the same to run at large upon public or private property in such a manner as to endanger the life or limb of any person lawfully entering such premises.
6.28.040 Temporary Display or Transporting Animals.
This article shall not apply to any wild/exotic or non-domesticated animal caged in a safe and humane manner while being transported through the cities served by the Authority or while such animal is within the cities served by the Authority under the control of a circus, carnival, traveling show, or collection of animals for exhibition licensed by the cities served by the Authority.
6.28.050 Revocation of Permit.
The General Manager may revoke any such permit for the violation of any of the provisions of this Chapter.
6.28.060 Keeping of Bees.
It shall be unlawful for any person to have, keep, or maintain any hive or swarm of bees within the City without a permit. The provisions of this section shall not apply to the keeping of bees within an educational institution for study or observation or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large.
6.28.070 Prohibiting Feeding of Wildlife
No person shall feed or in any manner provide food for non-domesticated mammalian predators such as coyotes (Canis latrans). This section shall also include a ban on feeding raccoons, foxes, skunks and opossums.
6.28.080 Prohibiting Feeding of Wildlife – Exceptions.
The following are exceptions to the prohibition set forth in Section 6.28.070:
A. When an owner is in legal possession of a non-domesticated animal that is kept under a valid license issued by the Authority or cities served by the Authority; or
B. When a person provides food and water for a trapped, injured or un-weaned non-domesticated animal during the time the agency in charge is notified and the animal has been picked up.
6.28.090 Feeding of Wild Pigeons.
A. Definitions.
"Pier", for the purposes of this section, means the San Clemente Municipal Pier.
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"Feed" means purposely providing food, including but not limited to grain, seeds, greens, bread crumbs, and other miscellaneous food scraps intended for pigeon ingestion.
"Wild pigeon" means the common pigeon, Columba Livia, also known as the Rock Dove, in its wild state.
B. Pigeon Feeding Prohibited. No person shall feed any wild pigeons on the San Clemente Municipal Pier.
C. Enforcement. The above Section is enforceable by San Clemente Police Services, Coastal Animal Services Authority or other authorized City of San Clemente employees or members of the Orange County Sheriff’s Department.
Offenders are subject to fines.
D. Fine Schedule. For violations of this Section, a first offense shall be punishable by a fine of fifty dollars ($50.00) and a second offense within a period of one year, shall be punishable by a fine of one hundred dollars ($100.00) and a third or subsequent offense within a one-year period, shall be punishable by a fine of two hundred dollars ($200.00). Administrative Fines contained in Chapter 1.20 of the San Clemente Municipal Code shall apply.
Chapter 6.32 HUMANE TREATMENT
6.32.010 Abandoning Animals.
It shall be unlawful to abandon any animal, dead or alive, within the City limits.
6.32.020 Poisoning Animals.
It shall be unlawful to place, leave, or expose, in any place accessible to any domestic animals with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.
6.32.030 Unlawful use of Equipment.
It shall be unlawful to use any equipment, device, substance or material on animals that is, or could be, injurious or cause unnecessary cruelty to any animal.
6.32.040 Animals Struck by Vehicles.
Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall render such assistance as may be possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall attempt to obtain emergency care for the animal and immediately report the accident to the Authority.
6.32.050 Animals as Contest Prizes or Charitable Auction Items.
No person or charitable organization shall offer, give away or auction off any animal as a prize or item in any contest, lottery, drawing or charitable auction, nor shall 821
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any color, dye, stain, or any other substance be used to change the natural color of the above-described animals.
6.32.060 Animal Sales in Public Places Prohibited.
It shall be unlawful to offer for sale, exchange, or give away puppies or kittens in public places such as in front of stores, at swap meets, or auctions.
6.32.070 Unattended Animals.
A. It shall be unlawful to leave an animal unattended and without proper food, water, and shelter for a period of more than twenty-four (24) hours.
B. In addition to the prohibition contained in subsection A above, it shall also be unlawful to do any of the following:
1. Place a dog or allow a dog to remain on unoccupied property for a period of twenty-four (24) hours or more regardless of whether the dog is provided proper food, water and shelter. For the purposes of this section, "unoccupied property" shall mean the following:
a. Residential property which is not actually and legally being used as a residence at such time as the dog is on the property. Examples could include, but are not limited to, residential property currently under construction and residential property not then being resided in by a person who can be and is responsive to complaints about the animal disturbing the peace of the neighborhood.
b. Commercial property under construction or commercial property otherwise vacant.
C. Exceptions: Subsection (B)(1) of this Section shall not apply to the following:
1. The placement of a licensed guard dog on property once the licensed guard dog company obtains a permit from the city or its designee for the placement of guard dogs on the property;
2. A dog remaining on the property of a resident who goes on vacation or otherwise temporarily does not occupy the property but leaves the animal under the care and supervision of another person who regularly checks on the animal at least once every twenty-four (24) hours and who can and shall be responsive to complaints about the animal disturbing the peace of the neighborhood, providing the period does not extend beyond twentyone (21) days.
D. Dogs found in violation of this Section may be impounded by the Animal Authority until claimed by the property owner. The animal shall not be released until the property is legally occupied or other suitable arrangements acceptable to the Director are made for the placement of the animal. All related impound, storage or other fees must be satisfied before the release of the animal. In the event the property owner fails to claim the animal within ten (10) days of notification of impound, the animal shall be considered abandoned and shall automatically become property of the Authority. 822
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6.32.080 Sale as Novelty Prohibited.
A. It shall be unlawful for any unlicensed business or person to:
1. Display, sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated;
2. Sell, offer for sale, barter or display any rabbits, baby chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color;
3. Sell, offer for sale, barter or give away rabbits, baby chicks or other fowl under two (2) months of age in any quantity less than six (6);
4. Sell, offer for sale, barter or give away any rabbits, baby chicks, ducklings or other fowl unless such person provides proper brooder facilities for the care of such fowl during the time they are in possession of such person.
B. It shall be unlawful for any commercial animal establishment to sell or offer for sale any dog, cat or rabbit unless they are obtained from a shelter or rescue organization.
C. This Section shall not be construed to prohibit the display or sale of rabbits, baby chicks, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.
6.32.090 Protection of Canines Utilized by Sheriff’s Department.
A. Recital. It is the intent of the City Council to protect canines utilized by the Sheriff’s Department from interference and harm while such animals are in use in the performance of functions or duties of the Sheriff’s Department.
B. Prohibited Conduct. It shall be unlawful for any person to willfully or maliciously tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure, or kill, or to unwarrantably interfere or meddle with any canine while such animal is being utilized by the Sheriff’s Department, or any officer, or employee thereof, in the performance of any function or duty of said department, or of such officer or employee.
Chapter 6.36 ANIMAL SHELTER AND IMPOUNDMENT
6.36.010 Animal Shelter.
The San Clemente-Dana Point Animal Shelter shall serve as the animal shelter for the jurisdictions served by the Authority.
6.36.020 Animals Subject to Impoundment.
The General Manager or authorized agent may take into custody:
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A. Any animal kept and maintained contrary to the provisions of this Title, any of the codified ordinances of the cities served by the Authority, any codified ordinance of the County of Orange or any California statute; B. Any animal running at large contrary to the provisions of this Title or any statute;
C. Sick, injured, stray, unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care; D. Animals quarantined for which no other place of quarantine is acceptable to the General Manager;
E. Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code Section 836.5; F. Animals impounded pursuant to Section 6.20 of this Chapter; G. Any other animal authorized to be impounded pursuant to the provisions of this Chapter.
6.36.030 Transporting of Impounded Animals.
All animals taken into custody shall be humanely transported in specifically designed ventilated and properly maintained vehicles.
6.36.040 Retention of Animal Without Consent.
No person shall, without the consent of the owner, hold or retain possession of any animal without reporting the possession of such animal to the Authority within four hours, and giving his or her name, address, telephone number, if any, and a true description of the animal, and then surrendering such animal to the General Manager or authorized agent upon demand.
6.36.050 Unauthorized removal of Animal from Custody.
No person shall remove any animal from the custody of the Authority without permission from the General Manager or authorized agent to do so.
6.36.060 Licensed Animals – Period of Impoundment.
Animals wearing current valid license tags, which are impounded pursuant to the provisions of this Chapter, shall be held for a period of ten (10) working days. Said animals shall be held for redemption by the owner and not be declared abandoned unless: (a) the person to whom the current tag for such animal was issued so directs; (b) ten (10) working days have elapsed since such person was notified of his or her animal's whereabouts by telephone; (c) ten (10) working days have elapsed since the owner was notified by United States mail, first class postage paid, at such person's last known address, informing such person of the whereabouts of his or her animal; (d) where animals bearing a tattoo is found, and after ten (10) working days have elapsed, the tattoo registry and the Authority have made all efforts to notify the owner; (e) where other identification of any type is found, and after ten (10) working days have elapsed, the Authority has made all efforts to notify the owner. At the end of the ten (10) workingday period, animals not claimed by their owners may be declared abandoned by the 824
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General Manager and may be placed for adoption or disposed of in a humane manner according to the provisions of this Chapter.
6.36.070 Unregistered Animals – Period of Impoundment.
Impounded animals not bearing identification of any type may be deemed unregistered and shall be held in custody for a period of five (5) calendar days. At the end of the prescribed period, unregistered animals not claimed may be declared abandoned and may be placed for adoption or disposed of in a humane manner according to law.
6.36.080 Notification of Owner.
The General Manager or authorized agent shall attempt to notify owners of lost or impounded registered dogs or cats through public notice, private communication where the owner is known, or when a tattoo is found, notification of the tattoo registry.
6.36.090 Redemption of Registered Animals.
Registered animals may be redeemed by the owner or his or her authorized agent upon payment of the impound fees, care and feeding charges, and any veterinary costs.
6.36.100 Redemption of Unregistered Animals.
Unregistered animals may be redeemed by the owner upon payment of the registration fee, impound fee, care and feeding charges, any veterinary costs, and upon proof of rabies vaccination. Any person claiming ownership of any unregistered impounded animal shall be required to present proof of ownership satisfactory to the General Manager or his or her designee or authorized agent.
6.36.110 Adoption of Unredeemed Animals.
Any impounded animal that is not redeemed within period of time prescribed in the provisions of this Chapter may be considered abandoned and placed for adoption.
Animals may be adopted by private individuals upon payment of a placement fee, rabies vaccination fee, animal registration fee, and a sterility deposit, if applicable.
6.36.120 Adoption by Approved Organizations.
Under special provisions, specific breed clubs and humane organizations approved by the General Manager shall have the option of adopting available animals for purposes of placement from the animal shelter.
6.36.130 Sheltering by Approved Organizations.
Specific animal clubs and humane organizations approved by the General Manager may be allowed to assume the responsibility of caring for lost and stray animals providing they have facilities for proper confinement, shelter and care of such animals. Such organizations shall notify the General Manager within four (4) hours after obtaining any animal so sheltered, giving a full description of the animal and any identification. Such organizations shall assume responsibility for placement of such animals in homes after sheltering them for a minimum of ten (10) days, during which time they shall make every attempt to locate and notify the owner. 825
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6.36.140 Owner’s Right to Redeem Animal from Purchaser.
The owner of any impounded animal may, at any time, within thirty (30) days after adoption from the animal shelter, redeem such animal from the person who adopted the animal by paying him or her for the full amount paid to the Authority upon adoption of the animal, any vaccination costs incurred, and in addition thereto a sum equal to reasonable care and feeding charges per day for the number of days from the date of the adoption to and including the date of redemption by the owner.
6.36.150 Records of Impounded Animals.
The General Manager or authorized agent shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of disposal, and if redeemed, reclaimed or adopted, the name of the person redeeming, reclaiming or adopting such animal, the address and telephone number of such person, and the amounts of all fees received or collected for or because of the impounding, reclaiming or adoption thereof, together with the number of any tag, and the date of any registration issued upon the redemption or adoption of any such animal.
6.36.160 Euthanasia of Unredeemed Animals.
Animals may be euthanized in a humane manner as prescribed in the provisions of this Chapter and upon advice of the Animal Care and Evaluation Committee.
6.36.170 Research and Vivisection.
No animal may be donated or sold for the purpose of research and vivisection.
Chapter 6.40 COMMERCIAL ANIMAL ESTABLISHMENTS
6.40.010 Permit Required.
No person shall conduct or operate within the cities served by the Authority any commercial breeding or boarding kennel or cattery, pet shop, commercial animal rescue shop, grooming parlor, commercial stable, riding academy, pony ride, guard dog and/or sentry dog service, zoo, animal menagerie, animal exhibition, rodeo, circus, pet show, miscellaneous animal or reptile establishment or operate as an animal dealer, without first obtaining a license from the Authority. Any permit issued under this Chapter is subject to compliance with all applicable State regulations and statutory requirements.
For the purposes of this Section, guard dog and/or sentry dog services located outside the cities served by the Authority, but providing services within said cities on a regular basis shall be included.
6.40.020 Application.
Each application for a commercial license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.
6.40.030 Fee.
A fee for a license or permit required by the provisions of this Chapter shall be set by resolution of the City Council served by the Authority, and shall be paid to the 826
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Authority before a license is issued. Thereafter, unless otherwise provided, each fee shall be paid annually in accordance with such resolution.
6.40.040 Investigation.
The General Manager or designee shall conduct an inspection of the intended business location and facilities and prepare a report for inclusion with the application for an original license or a renewal. He or she may issue a license to the applicant if he or she finds that:
A. The keeping of animals, or the conduct of operation of the business for which the license is requested and at the place set forth in the application, shall not violate any law or ordinance of the cities served by the Authority, or any law of the State; and
B. The keeping of animals, or the conduct or operation of the business for which the license is requested, shall not endanger the health, peace or safety of the community; and
C. The premises and establishment where animals are to be kept are in a clean and sanitary condition, and that animals shall not be subject to suffering, cruelty or abuse; and
D. The applicant has not had a similar license revoked within one year prior to the application.
6.40.050 Duration of License or Permit.
Licenses and permits issued under the provisions of this Chapter shall expire on the date specified in the resolution of the City Council served by the Authority. The license or permit may be revoked or suspended for cause in accordance with this Chapter prior to the expiration date. The license or permit also becomes void if the holder thereof changes the location of his or her place of business or sells, assigns, transfers or otherwise disposes of such business or his or her interest therein for a period of thirty (30) days or more.
6.40.060 Renewal.
A completed application for renewal shall be submitted to the City's Animal Services Division within thirty (30) days after the expiration of the existing permit. Any business not complying with this Section shall be deemed a public nuisance and subject to abatement as well as misdemeanor prosecution under this Code.
6.40.070 Revocation or Suspension of License or Permit.
Any license or permit issued under the provisions of this Chapter may be revoked or suspended if the General Manager finds any of the following:
A. The licensee, his or her agent or employee, has been convicted of any offense involving the violation of Penal Code Sections 596, 597, 598 and 599 of the Penal Code of the State of California, or of any provision of this Chapter;
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B. The licensee, his or her agent or employee, has, at the place for which the license was issued, failed to provide any animal in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or subjected any such animal to suffering, cruelty or abuse; C. The licensee, his or her agent or employee, failed to maintain the premises in a clean and sanitary condition;
D. The licensee, his or her agent or employee, has violated any rule or regulation made pursuant to the provisions of this Chapter; E. That the licensee has falsified facts on the license application. If a license has been denied or revoked for cause, the General Manager shall not accept a new application by the same person for the same activity at the same location within six (6) months after such denial or revocation, unless the applicant affirmatively shows and the General Manager, finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license was revoked no longer existed. On revocation of a license, no part of the fee is refundable.
6.40.080 Display of License or Permit.
All licenses and permits under the provisions of this Chapter shall be displayed in a conspicuous place on the licensed premises.
6.40.090 Animal Records.
The holder of a commercial kennel or grooming parlor license shall keep available for inspection on the premises a record that shall show the name, current address and telephone number of the owner of each animal kept at the kennel or parlor, the date such animal entered the kennel or parlor, description of the animal, including age, name, breed, sex, and color, and the name of a veterinarian approved by the owner.
6.40.100 Permitted Number of Animals.
At any time there are more animals than a kennel or cattery license allows, the person operating such kennel or cattery must obtain a new license permitting the keeping of the greater number of animals. The former license shall be canceled and a credit for the canceled license fee shall be allowed on the new license.
6.40.110 Rules and Regulations.
The General Manager may, in the rules and regulations promulgated pursuant to this Chapter, establish reasonable standards requiring any place for which a license is granted to be maintained in a clean, sanitary and humane condition. A copy of such rules and regulations shall be furnished to each applicant for a license on the filing of the application.
6.40.120 Emergency Information.
Each commercial establishment shall have posted in such a place as to be legible from the exterior of the building, names, addresses, and telephone numbers of persons to be notified in case of emergency.
828
Ordinance No. 1797 Page 38
6.40.130 Humane Animal Care.
Every person who owns, conducts, manages or operates any commercial animal establishment for which a license is required, shall comply with each of the following conditions:
A. No dog or cat under the age of eight (8) weeks shall be brought or shipped into the City for the purpose of resale and no such dog or cat shall be offered for sale by any pet shop or dealer.
B. Every puppy or kitten offered for sale must be examined by a State licensed veterinarian and be certified free of congenital defects, distemper, worms, skin disease, skin and ear mites, and other diseases or conditions which would be injurious to the animal or a potential owner.
C. Every dog or cat offered for adoption shall have been vaccinated against distemper, parvo virus enteritis, and feline pan leukopenia by a state licensed veterinarian. A certificate providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of adoption; D. No animal shall be transported by a commercial kennel, pet shop, or dealer, whether by private or public means, unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water.
E. No animals shall be without attention more than eighteen (18) consecutive hours.
F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.
G. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals.
H. Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.
I. Any owner and/or keeper of an animal shall take that animal to a veterinarian for treatment if the General Manager or designee finds that it is necessary in order to maintain the health of the animal and orders the owner and/or keeper to do so.
J. All animal rooms, cages, kennels, shipping containers, and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. As a minimum, sufficient space must be provided for every animal within an enclosure to separately and together, stand up, lie down, and turn around in a natural position.
829
Ordinance No. 1797 Page 39
K. No animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition shall be displayed to the public.
Chapter 6.44 PRIVATE KENNELS, ANIMAL REFUGES, ANIMAL RESCUE
OPERATIONS, AND SPECIALTY ANIMALS
6.44.010 Permit Required.
A permit is required of any person owning or having custody of:
A. Four (4) or more licensed dogs or cats four (4) months of age or older; B. Any specialty animal; or
C. Any combination thereof.
Such persons shall file an application for a private kennel/cattery/animal refuge permit with the Authority in accordance with the provisions of this Chapter. Any permit issued under this Chapter is subject to compliance with all applicable State statutes and regulations.
6.44.020 Keeping of Specialty Animals within City Limits.
Specialty animals, in addition to any other requirements of this Title, shall be subject to the following:
A. The lot on which specialty animals are kept complies with the minimum lot size for the Zoning Code within which it is located and any other applicable Zoning requirements, including, but not limited to, those found in section
17.16.060 of this Code;
B. Specialty animals are kept secured on-site under humane and sanitary conditions with adequate food, water, and shelter; and
C. Pens, roosts, hutches, etc., for the animals are located at least one hundred (100) feet from the nearest adjacent structure.
6.44.030 Fee.
A fee not to exceed the cost of Authority services relating to dogs, shall be paid to the Authority for each license required by this Chapter as provided by resolution of the City Council served by the Authority.
6.44.040 Animal Records.
The holder of a private kennel/cattery or animal refuge shall keep available for inspection his or her permit and a record of all animals by name, breed, sex, color and age. In addition, he or she shall post in a visible place the name, address and telephone number of a family member with a different address, a veterinarian, or other party who can be contacted in case of emergency, to assume the care of the animals on the premises.
6.44.050 Application.
830
Ordinance No. 1797 Page 40
Each application for a private license or permit required by this Chapter shall be in writing upon a form to be furnished by the Authority, and shall contain such information as the Authority shall require.
6.44.060 Revocation of Permit.
Registration privileges for private kennels/catteries/animal refuges shall be revoked in all cases whose registrants are found guilty by a court of:
A. Inhumane and cruel treatment of animals;
B. Violations of health and sanitation codes;
C. Willful failure to notify owners of presence of their lost animals, to check for identification marks such as registered tattoos, refusal to return duly identified animals to their rightful owners;
D. Failure to comply with mandatory vaccination or neutering provisions or implementation of other approved birth control measures for any animals prior to their release to new owners;
E. Violation of noise and nuisance ordinances; or
F. False statement(s) on their application forms.
6.44.070 Compliance with Permitting Requirements.
Compliance with this Chapter is required, regardless of prior status under this Title or any other City ordinance, resolution, rule or regulation. All animals lawfully licensed and maintained under the provisions of this Chapter shall be permitted to live out their natural lifespan at the permitted location, except for good cause shown. The General Manager shall have the authority, in his or her sole discretion, to grant a grace period to any person or entity that was in compliance with previous versions of this Title of up to one year from the date this provision becomes effective for compliance with the provisions of this Chapter.
Chapter 6.48 DISPOSAL OF DEAD ANIMALS
6.48.010 Disposal Dead Animals.
The owner of any animal that dies shall dispose of the carcass of such animal in a sanitary manner as prescribed by the General Manager or authorized agent within twenty-four (24) hours after said owner has knowledge of the animal's death. No person shall bury any dead animal in the cities served by the Authority unless approved by the General Manager. It shall be the duty of the General Manager or authorized agent to take custody of all dead animals from the owner when requested.
6.48.020 Notification of Owner.
Whenever deceased animals picked up by the Animal Services Officer carry identification of any kind, the owner shall be notified.
6.48.030 When Owner is Unknown.
The General Manager shall be responsible for the disposal of the dead animals whose ownership cannot be established.
831
Ordinance No. 1797 Page 41
Section 2. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid, such decision shall not offset the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid.
Section 3: This Ordinance shall take effect thirty (30) days from the date of its passage.
Before the expiration of fifteen (15) days after its passage, this Ordinance shall be published in a newspaper of general circulation, printed and published in the City of San Clemente.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 832
Ordinance No. 1797 Page 42
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1797 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
833
City of San Clemente, CA Attachment 2
Title 6
ANIMALS
Chapter 6.04 GENERAL PROVISIONS,
ADMINISTRATION AND ENFORCEMENT
6.04.010 Definitions
6.04.020 Responsibility for Administration
6.04.030 Rules and Regulations
6.04.040 Enforcement
6.04.050 Interference
6.04.070 Violations
6.04.080 Inspections
6.04.090 Complaints
6.04.100 Administrative Hearings and
Procedure, and Enforcement
Authority
6.04.110 Administrative Hearing Decision
6.04.120 Right to Judicial Review
6.04.130 Payment of Fees and Fines
6.04.140 Collection of Unpaid Fines
Chapter 6.08 DISEASE CONTROL
6.08.010 Vaccination Required
6.08.020 Certificate
6.08.030 Deferment of Vaccination
6.08.040 Display of Certificate
6.08.050 Reporting Suspected Rabies
6.08.060 Quarantine of Animals
6.08.070 Entering Private Property
6.08.080 Compliance with Quarantine
Order
6.08.090 Animal Contacts with Known or
Suspected Rabid Animals
6.08.100 Removal of Animals from
Quarantine
6.08.110 Destruction of Rabid Animals
6.08.120 Laboratory Examination for
Rabies
Chapter 6.10 ANIMAL LICENSES
6.10.010 License Required
6.10.020 Application Submission – Timing
6.10.030 Proof of Rabies Vaccination
6.10.040 License Period
6.10.050 Dog License Fee
6.10.060 Fee Exemption
6.10.070 License Application
6.10.080 Issuance
6.10.090 Display of License
6.10.100 Unauthorized Removal
6.10.110 Lost License Tag
6.10.120 Dog License Renewal
6.10.130 Cat Licensing
6.10.140 Display of Proof of Vaccination
6.10.150 Nontransferable License
6.10.160 False or Stolen Documents or
Tags
6.10.170 Counterfeit Tag
6.10.180 Posting of Licensing Requirement
Chapter 6.12 DOGS AND CATS
6.12.010 Restraint of Dogs
6.12.020 Dogs on Public Property
6.12.030 Confinement of Animals in
Estrus
6.12.040 Running on Owner’s Premises
6.12.050 Working Dogs
6.12.060 Public Protection from Dogs
6.12.070 Beware of Dog Notice
Chapter 6.20 POTENTIALLY DANGEROUS
AND VICIOUS DOGS
6.20.010 Purpose of this Chapter
6.20.020 Determination of Potentially
Dangerous or Vicious Dog
6.20.030 Right of Entry for Inspection
6.20.040 Authority to Seize and Impound
Dog
6.20.050 Initial Administrative Review by
General Manager of Potentially
Dangerous or Vicious Dog;
Request for Hearing
6.20.060 Potentially Dangerous or Vicious
Dog Hearing
6.20.070 Notice of Decision
6.20.080 Consequences of Potentially
Dangerous Dog Determination
6.20.090 Consequences of Vicious Dog
Determination
6.20.100 Consequences of Violation of
Conditions
6.20.110 Removal of Designation
6.20.120 Exceptions to Designation of
Potentially Dangerous or Vicious
Dog
6.20.130 Infraction/Misdemeanor Penalty
834
City of San Clemente, CA Attachment 2
Chapter 6.24 ANIMALS AT LARGE,
EXCESSIVE NOISE, AND OTHER NUISANCES
6.24.010 Keeping Animals or Fowl Near
Residences
6.24.020 Trespassing
6.24.030 Property Damage
6.24.040 Animal Noises Prohibited
6.24.050 Excreta Nuisance Prohibited
6.24.060 Unsanitary Animal Conditions
Creating Nuisance Prohibited
6.24.070 Tying Animals to Trees
Chapter 6.28 WILD, EXOTIC,
NONDOMESTICATED ANIMALS
6.28.010 Permit Required
6.28.020 Fee
6.28.030 Wild Animals to be Confined
6.28.040 Temporary Display or
Transporting Animals
6.28.050 Revocation of Permit
6.28.060 Keeping of Bees
6.28.070 Prohibiting Feeding of Wildlife
6.28.080 Prohibiting Feeding of Wildlife -
Exceptions
6.28.090 Feeding of Wild Pigeons
Chapter 6.32 HUMANE TREATMENT
6.32.010 Abandoning Animals
6.32.020 Poisoning Animals
6.32.030 Unlawful Use of Equipment
6.32.040 Animals Struck by Vehicles
6.32.050 Animals as Contest Prizes or
Charitable Auction Items
6.32.060 Animal Sales in Public Places
Prohibited
6.32.070 Unattended Animals
6.32.080 Sale as Novelty Prohibited
6.28.090 Protection of Canines Utilized by
Sheriff’s Department
Chapter 6.36 ANIMAL SHELTER AND
IMPOUNDMENT
6.36.010 Animal Shelter
6.36.020 Animals Subject to Impoundment
6.36.030 Transporting Impounded
Animals
6.36.040 Retention of Animals Without
Consent
6.36.050 Unauthorized Removal of Animal
from Custody
6.36.060 Licensed Animals – Period of
Impoundment
6.36.070 Unregistered Animals – Period of
Impoundment
6.36.080 Notification of Owner
6.36.090 Redemption of Registered
Animals
6.36.100 Redemption of Unregistered
Animals
6.36.110 Adoption of Unredeemed
Animals
6.36.120 Adoption by Approved
Organizations
6.36.130 Sheltering by Approved
Organizations
6.36.140 Owner’s Right to Redeem Animal
from Purchaser
6.36.150 Records of Impounded Animals
6.36.160 Euthanasia of Unredeemed
Animals
6.36.170 Research and Vivisection
Chapter 6.40 COMMERICAL ANIMAL
ESTABLISHMENTS
6.40.010 Permit Required
6.40.020 Application
6.40.030 Fee
6.40.040 Investigation
6.40.050 Duration of License or Permit
6.40.060 Renewal
6.40.070 Revocation or Suspension of
License or Permit
6.40.080 Display of License or Permit
6.40.090 Animal Records
6.40.100 Permitted Number of Animals
6.40.110 Rules and Regulations
6.40.120 Emergency Information
6.40.130 Humane Animal Care
Chapter 6.44 PRIVATE KENNELS, ANIMAL
REFUGES, ANIMAL RESCUE OPERATIONS,
AND SPECIALTY ANIMALS
6.44.010 Permit Required
6.44.020 Keeping of Specialty Animals
Within City Limits
6.44.030 Fee
6.44.040 Animal Records
6.44.050 Application
6.44.060 Revocation of Permit
6.44.070 Compliance with Permitting
Requirements
835
City of San Clemente, CA Attachment 2
Chapter 6.48 DISPOSAL OF DEAD ANIMALS
6.48.010 Disposal Dead Animals
6.48.020 Notification of Owner
6.48.030 When Owner is Unknown
836
ATTACHMENT 3
837
838
839
840
"Permit" means an authorization from the Gt-yAuthority or any city served by the Authoritv, stipulating conditions under which fl6flt!emesticatednon-domesticated animals may be kept in commercial and private establishments.
"Person" means any individual,..QL business, partnership, firm, joint stock company, corporation, association, societv, trust, estate-flf--, government agencv, other legal entity-awning, harboring, or keefHflg, and every officer, agent or employee thereof who own, harbor, or keep animals within the City. "Pest breeding hazard" means the accumulation. existence or maintenance of any substance. matter, material or condition resulting in the breeding of flies, cockroaches, rats or other insects or rodents in an amount or manner such as to endanger public health or safety, or to create unreasonable interference with the comfortable enjoyment of life and use of property by others.
"Pet" means any animal kept for pleasure rather than utility. "Pet shop" means any person, partnership; or corporation, whether operated separately or in connection with another business enterprise except for a licensed kenncl, that buys, for resale and/orsells or boardsat retail, any species of animal,
!.'.potentially Dangerous Animal" means either: (a) any animal w • • , P--} separate occasions within a tw�r (24) morrt-h-period, engages in aAV-GeHaWOr that reasoo-a-bly requires a f,€-l"�O take a defensive action to prevent boe-i�R-t:��ruma+-a-re off the property of #1€ (excluding dogs and/or or keeper o�nimal; or (b) any-aruffiiltWfH�p.revokee,mflicts a noA-El€ rnmimis physical injury to any person other than the cats) bred by others, whether as owner, agent, or on &angerous
consignment,
Animakffider
and/f>r keeper
this
,..,,J:ien-that
Chapter; or
physical
(c) any
injury
animal
is
whicR;-When
insuffic+€ffi-for
unpro
the
1 animal
,oked, othenNise
to be considered
has caused
an Extfem.el.y
a nOfl-Ge
ffl+A+�AYSi-EaHnjury to a preperly restr-<Hfl-e&domesticated animal off the propertv of the owner and/or l,eeper of animal inflic�jury, but that physical injLHY has not resulted in�he injured animak that sells or offers to sell to the general public at retail. .'\n animal will not be declared to be Potentkl�Bgerous, or Extremely Dangerous if an injur-v to a person is sustaineEl--wJ:i.ile that per pass or other tort upon the premises 9€Wp.iee by the owner and/or keeper of the animal,af-when the person was teasing, tormenting, abt!5fRg,f)f �or
assaulting the ani�F-afle/e-F-k€€p.�F-Will
Extremely Dangerou�efending
an animal be
a person
declared
in the
to be
immediate
Potentially
vicinity
Dangef9l:l-5;
of the
Oaf\g€-F6t15,Extremely
animal from an unjustified attack or assault. Neither will an an.iffia+be declared to be Potentially Dangerous, Dangerous if pAY5kal injury was st.1stained by a domesticated animal which, at the tim€-ef �ing
tletentially
the injury, was
Daflgerous,
teasing,
Dangerous,
tormenting,
or
abusi
E>ctr�ll5--#--t-h-e-t$ry
ng, or assaulti�h-1\n
to
animal
the person
will not
occurs
necessarily-13�
while the person is
"Potentially
to intervene
dangerous
in a fight
dog"
b��
has the same meaning as that term is used in California Food & Agriculture Code section 31602 as may be amended from time to time. "Poultry" means all domesticated fowl and all game bird which are held in captivity. "Primary enclosure" means any structumthe default or main enclosure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch. "Private animal owner" means a person having bred, adopted or purchased a dog, cat or other animal permitted by this chapterTitle, for his or her personal use and enjoyment, and who keeps or maintains said animal within the City for a period of more than seven {4-days.
Created: 2025-07-14 13:32:14 (EST]
(Supp. No. 63, Update 2)
841
"Private animal refuge" means owners and harborersharbourers of unwanted animals of any species, including cross-breeds, who provide food, shelter, confinement, licensing and spaying/neutering for a group of animals.
"Private breeder" means a dog or cat owner/fancier who breeds an occasional litter of purebred animals for his or her personal use and enjoyment, from animals personally owned or leased for the breeding, who neither sells the resultant offspring for resale to commercial outlets, nor for purposes of research, testing or laboratory experimentation.
"Private exhibitor" means any organization sponsoring and all persons participating in fairs, livestock shows, rodeos, purebred dog and cat shows, obedience trials, field trials, and any other fairs or exhibitions intended to advance agricultural arts and sciences.
"Private �kennel/cattery" means the home and premises of a person who owns, houses, four (4) or permits to be housed on his or her property fi,•e (S) or siic {€i)more dogs, and/or cats��n thereof each of WMrfl that are ovef-four f4+months of age 50lelyor older for the pleasure and enjoyment of the owner. "Provoke" means to perform an intentional act or omission that a reasonable person would conclude is likely to cause a bite, injury, or attack by an ordinary dog or any other animal not known for aggressive behavior. "Public nuisance" m-ea-F15-has the same definition as section 8.52.010 of this Code. and includes, but is not limited to, any
�
animal or animals �that:
.>..: �
(a=) __ �mo�l= =e�st=s passersby or passing vehiclest-� .1..:(b"-')'-----=att=ack"-'""'s other animals; change to any violation is a public nuisance. ,!!3c:
-
. --iTrrr�eS:ifp�afSS5jSee!s,1(£JC)1__Jtr_re�SHP!fa�s�se�s on school grounds; add to animals at large.
4.---45.i..:(d::..L)_--=is repeatedly at larget-0
S. Darnages(e) damages private or public property70 �nstitutes a (f) barks, whines. howls or makes any noise in an excessive. continuous or untimely fashion.
(gl damages. soils. defiles or defecates on private property other than the owners. or on public walkways and recreation areas. unless such waste is immediately removed and properly disposed of by the owner.
(h) causes unsanitary. dangerous or offensive conditions. (i) causes a disturbance by excessive barking deg-or other noise making. (j) molests. attacks or interferes with persons or other domestic animals; or (hl unrestrained and at large.
"Public Nuisance Animal Owner" is the owner or custodian of an animal that has caused a public nuisance as defined above.
"Puppy" means any Canis familiaris under§ €i.10.020(B)four months of this Code. age. "Quarantine" means the strict confinement of an animal upon the premises of the owner or elsewhere as approved by the General Manager.
"Registration." For purposes of this chapter, the term registration shall be used to describe a" means the method of identifying animals through an identification number at t:Rean animal shelter. It shall not be the same as a license.
Created: 2025-07-14 13:32:14 [EST]
{Supp. No. 63, Update 2)
842
"Restraint." A dog oF-€at--&RalJ...ae-€eff5-idered under restraint if it is" means an animal that is contained within the real property limits of its owner or secured by a leash or lead or under the control of a responsible person.
"Riding school" or "stable" means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
"Run" means the floor or surface and cage, exclusive of the sleeping box, used to continually contain or maintain dogs or cats.
�'Veterinarian""Severe injury" means any physical harm to a human being that results in a serious illness or injury, including a substantial impairment of the physical condition of a person which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery. "Spayed" means rendered permanently incapable of reproduction. To be acceptable, the spaying must be performed by a licensed veterinarian.
"Specialty animal" means any non-canine or non-feline domesticated animal kept as a pet or intended to be kept as a pet.
"Stockyard" means any stockyard, corral or premises wherein public trading in livestock is carried on, or where yarding, feeding and watering facilities are provided and where Federal, State or local inspections are performed of livestock for infectious diseases.
"Tattoo" means any permanent marking identifying the animal, including, but not limited to, microchips. "Unaltered" means an animal which has not been spayed or neutered. "Veterinarian" means a veterinarian with a valid license to practice veterinary medicine, dentistry and surgery, issued by the Board of Examination Veterinarian Medicine of the State of California. �.'.'.Veterinary medical facility�.'.'. means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. �"Vicious dog" has the same meaning as that term is used in California Food & Agriculture Code§ 31603 as may be amended from time to time.
"Vivisection" means the cutting of or operation on a living animal-"--m€ans any live mo�onhuman primate), raccoo�. usually for physiological or pathological investigations. "Wild/exotic animals" means animals which are kept for exhibition purposes or as private pets including, but not limited to, monkeys, raccoons, skunks, fox, poisonous snal(e, leopard, panther, tiger, liofl;---Bff'€1snakes, leopards, panthers, tigers, lions, birds or any other ,..,,arm blooded-animal which can normally be found in the wild state.
"Zoo" means a collection of living animals for public display. "Zoological �-FkPark" means any facility, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of ROfldomesticatednon-domesticated animals operated by a person, partnership, corporation or government agency.
(Ord. 1459 §§ 2, 3, 2008; Ord. 1140 §§ 2, 3 (part), 1994; prior code§ 17 1) (Ord. �Jo. 1493, § 1, 7 21 2009)
Created: 2025-07-14 13:32:14 (EST)
(Supp. No. 63, Update 2)
843
844
.!;L_G.--Any person authorized to enforce this Title may issue administrative citations to any person violating the provisions of this Title.
C. Any person authorized to enforce this Title may impound any animal as provided in this Title.
6.04.050 Interference.
No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this Title while such person is law.fu.lly-engaged in the performance of his or her duties. Anyone who violates this section is guilty of a misdemeanor.
6.04.070 Violations.
A. Infraction. Any person who violates any provision of this Chapter is guilty of an infraction, except as otherwise provided in this Title. Each infraction is punishable by administrative citation and associated fines as provided for in section 1.16.010 of this code.
B. Misdemeanor. Any person who violates any provision of Chapter 6.20 is guilty of a misdemeanor.
Moreover, any person who violates any other provision of this Title and the violation occurs within one year of the occurrence of two other separate violations of this Title by that person is guilty of a misdemeanor. Each misdemeanor is punishable as provided for in section 1.16.010 of this code.
C. Separate Offense. Each day in which a violation of this Title exists shall constitute a separate offense.
6.04.080 Inspections.
The General Manager or authorized agent is empowered to inspect any building or other property for the purpose of enforcing the provisions of this Title or any statute relating to animal control,consistent with section
6.20.040, or as otherwise permitted by law.
6.04.090 Complaints.
Upon receiving a complaint from any person alleginga violation of this Chapter and upon receivingthe name and address of the owner and/or custodian of the animal,if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of the provisions of this Title, prosecution may be initiated against the owner and/or custodian.
6.04.100 Administrative Hearings and Procedure, and Enforcement Authority.
A. The provisions of Chapters 1.20 and 1.22 of this code are fully incorporated into this Title, except where otherwise provided. All references to "City Manager" and "Director of Finance" in Chapters
1.20 and 1.22 are replaced here with "General Manager." All references in Chapters 1.20 and 1. ?2 to the "City" as an entity are replaced here with the "Authority." B.
t
The General Manager shall designate a hearing officer for the administraive citation hearing. The hearing officer shall not be a City employee with supervisory powers over anyone in the City Department that issued the citation. The employment, performance evaluation, compensation and benefits of the hearing officer, if anv, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
C. No hearing to contest an administrative action or citation before a hearing officer shall be held unless and until a request for hearing form has been timely submitted and the fine amount has been deposited, unless waived in accordance with Section 1.22.030.
845
D. Formal rules of the California Evidence Code and discovery shall not apply, except that the hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation{s) on the date(s) specified in the administrative citation.
E. The person contesting the administrative action or citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation.
F. Unless requested in advance by the person contest
ing the administrative action or citation, neither
the enforcement officer nor any other representative of the City shall be required to attend hearing, provided that any such appearance may be made at the discretion of the enforcement officer or General Manager.
G. The failure of any recipient of an administrative citation to appear at the administrative action or citation hearing shall constitute a forfeiture of the fine and a failure to exhaust the administrative remedies and the order of the citation shall be a final determination.
H. The administrative action or citation and any additional documents submitted by the enforcement officer to the hearing officer shall constitute prima facie evidence of the violation and the respective facts contained in those documents.
I. If the enforcement officer submits an additional written report concerning the administrative action or citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served by certified mail on the person requesting the hearing at least ten calendar days prior to the date of the hearing.
J. Any document or evidence which either party intends on presenting at the hearing shall be exchanged at least ten (10) calendar days prior to the date of the hearing. The hearing officer shall have discretion not to consider any evidence that was not exchanged pursuant to this provision.
K. At least ten (10) calendar days prior to the hearing, the owner of the animal or recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the enforcement officer. Evidence obtained within ten (10) days of the hearing shall be immediately provided to the recipient of an administrative citation.
L. The hearing officer may. in his or her sole discretion, continue the hearing and request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
6.04.110 Administrative Hearing Decision.
A. After considering all of the testimony and evidence, the hearing officer shall issue a written decision within ten (10) days after the hearing to uphold or deny the administrative citation and shall list the reasons for that decision. The decision of the hearing officer is final.
B. If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the City shall be retained by the City. If the citation is upheld, the responsible party shall be further liable for any balance of fines owed from the date of issuance of the citation to the date that the abatement is verified, or as otherwise determined by the hearing officer.
C. If the hearing officer determines that the administrative citation should be canceled, the City shall refund the amount of the deposited fine.
D. The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision in the manner prescribed in this Title.
6.04.120 Right to Judicial Review.
Created: 2025-07-14 13: 32: 14 [EST)
(Supp. No. 63, Update 2)
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Title 6 - ANIMALS
Chapter 6.08 ANIMAL CONTROL REGULATIONS GENERALLY
be valid only during the period that the vaccination would endanger the dog's health as said period is shown by the certificate of the licensed veterinarian.
6.08.040 Display of Certificate.
No person who owns or harbors any dog shall fail or refuse to exhibit his or her copy of the rabies certificate or anti-rabies inoculation deferment form upon demand of any person charged with the enforcement of this chapter.
6.08.050 Reporting Suspected Rabies.
Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the County Health Officer or the General Manager or authorized agent of the Authority. In those areas declared by the Director of the State Department of Public Health to be regarded as rabies areas (Section 1901.2, California Health and Safety Code). the General Manager or their agent shall be not
ified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. The County Health Officer shall be notified by the General Manager or their agent of any animal bite reported.
6.08.060 Quarantine of Animals.
Upon receipt of a report that a person has been bitten or is otherwise exposed by an animal to rabies, the General Manager or authorized agent. at his or her discretion, shall have such animal isolated in strict confinement under proper care and observation of a licensed veterinarian in a veterinary hospital or other adequate facility as determined by the General Manager. The animal shall be observed for at least ten (10) days (dogs and cats shall be observed for ten (10) days) after the date of the bite, with the following exception: Dogs and cats may be released after five (5) days of veterinary observation if the observing veterinarian certifies that there are no clinical signs or symptoms of disease.
6.08.070 Entering Private Property.
Except where prohibited by law, the General Manager or authorized agent is empowered to enter upon any private property, including the home or residence where the animal is kept or has strayed, to inspect, and if necessary, to seize and impound any animal suspected of being rabid. The impounding officer shall make reasonable effort to immediately notify the owner or custodian of the animal before it has been impounded and the address of the facility to which it shall be taken. If the owner or custodian is not present at the time of impounding, the above notice shall be posted on the property of such owner or custodian, if known. In lieu of impounding the animal, the officer may, by serving a written notice upon the owner, require the owner to quarantine the animal for such period.
6.08.080 Compliance with Quarantine Order.
No person shall disobey any quarantine order issued by the General Manager or remove from its place of confinement any animal under quarantine without the permission of the General Manager.
6.08.090 Animal Contacts with Known or Suspected Rabid Animals. i.08.010 Registratien ef Eats.
Cats over four Any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been exposed by contact with a rabid or suspected animal shall be quarantined in a place and manner approved by the General Manager for a period of six months. or destroyed, with the exception that the following alternative is permitted in the case of dogs and cats: If the dog or cat has been vaccinated against rabies:
San Clemente, California, Code of Ordinances
(Supp. No. 63, Update 2)
Created: 2025-07-14 13:32: 15 [EST)
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6.12.030 Confinement of Animals in Estrus.
Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that shall prevent access by male dogs or male cats, or the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor.
6.12.040 Running on Owner's Premises.
Except for un-spayed female dogs during the breeding period, the provisions of this chapter do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog.
6.12.050 Working Dogs.
A working dog�oerforming acts such as herding under the control and supervision of owner or handler shall not be considered as unleashed while performing his or her duties. A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in the above capacities in areas designated for such activities.
6.12.060 Public Protection from Dogs.
Dog owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting , attacking or attempting to bite any person or from interfering with the use of public or private property. Any person owning or having custody or control of a vicious dog commits a violation of this Code if, as a result of that person's failure to exercise ordinary care, the dog bites, attacks, wounds or otherwise injures or kills a human being and the owner or custodian knew or should have known of the vicious or dangerous nature of the dog. It is unlawful for any person to fail to comply with this Section. However, nothing in this Section shall authorize the bringing of a criminal action pursuant to a violation of this Section if the bite, attack, attempted bite, injury or threat was sustained by person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian or the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.
6.12.070 Beware of Dog Notice.
Whenever the General Manager or authorized agent receives a report of a dog with a disposition of propensity to attack or bite any person or animal without provocation, he or she may require a sign to be placed by the owner stating the following: "Beware of Dog."
Chapter 6.20 POTENTIALLY DANGEROUS AND VICIOUS DOGS
6.20.010 Purpose of this Chapter.
Within the City of San Clemente there are potentially dangerous and vicious dogs that are a threat to the health, safety and welfare of the citizens of the City. The provisions of this chapter set forth the procedures by which the Authority can find a dog to be a potentially dangerous dog or a vicious dog and the consequences of such a finding. This chapter is intended to supplement rather than supplant any other remedy available under County or City ordinance, or State law.
6.20.020 Determination of Potentially Dangerous or Vicious Dog.
A. A dog is "potentially dangerous" if it is found to have engaged in any of the following, per California Food and Agriculture Code section 31602:
Created: 2025-07-14 13: 32: 15 (EST]
(Supp. No. 63, Update 2)
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(Ord. No. 1566, § 1, 5 7 2013)
e,08.H0 Beware of dog notice.
WAenever the Animal Services Program Manager receives a report of a dog with a disposition of propensity to attack or bite-any person or animal without t}ffil,'6cation, the Animal Services Program Manager can require a sign to be placed by the owner stating the fo��eware of Dog." {Ord. 1163 § 64, 1995: prior code§ 17 78)
�FR£-the
€i.08.140 Sale or disposal of unclaimed animals.
�e-an+m.,1
animal or animals impoAAGC€1�rtiae-wftfl.i.A-fi.ve (5) days or if a person d0€5 or animals but fails to pay th�c-nses as pFe-Vi-ae€1--�tfons 6.44.090 ;ind/or 6.44.100 of t:A+S-€e€1e,-tfle Animal �o�1anager shall proceed to sell or cause to be sold such animal or animals, e><cept bovme-ef-eEJtlfne, at public sale in accordance with general proceGU-Fe pi:evi-ded in the la,..,, concerning the sale or e><ecution of personal property. g,.... ___ l.f .. #1€-afl+rna4fH�d-u»der this chapter is of a value less than ten dollars ($10.00) as determined by the Animal
�fttnn�pt
Services Program Manager and has not been claimed, the Animal Services Program Ma-nagef--ffiJ-\/ bovine and �ithout notice. In the alternative, the
An-iffia.1-Services ProgF-am Manager may dispose of sakl-;inimal, e>1ce-pt bovine or equine, in a humane manner.
{Gf&.-1-1-e-�5, 1995: prior code§ 17 79)
6.28.070 6,08.1§0 Prohibiting Feeding of feral f)igeens.Wildlife No person shall feed or in any manner provide food for non-domesticated mammalian predators such as coyotes /Canis latransl. This section shall also include a ban on feeding raccoons. foxes. skunks and opossums.
6.28.080 A, Prohibiting Feedingof Wildlife Exceptions.
A. When an owner is in legal possession of a non-domesticated animal that is kept under a valid license issued by the Authority or cities served by the Authority.
B. When a person provides food and water for a trapped. injured or un-weaned non-domesticated animal during the time the agency in charge is notified and the animal has been picked up.
6.28.090 Feeding of Wild Pigeons.
A,__Definitions.
"Pier", for the purposes of this section, means the San Clemente Municipal Pier "Feed" means purposely providing food, including but not limited to grain, seeds, greens, bread crumbs, and other miscellaneous food scraps intended for pigeon ingestion. "-FefalWild pigeon" means the common pigeon, Columba ii-vtalivia, also known as the Rock Dove, in its wild state.
L__B,-Pigeon Feeding Prohibited._No person shall feed any fefalwild pigeons on the San Clemente Municipal Pier.
Created: 2025-07-14 13:32:15 [EST]
(Supp. No. 63, Update 2)
The following are exceptions to the prohibition set forth in Section 6.28.070:
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: 10B.
Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
RESIGNATION OF ARTS AND CULTURE COMMITTEE MEMBER AND COMMUNITY SAFETY AND ..body WELFARE COMMITTEE MEMBER
Fiscal Impact:
None.
Summary:
City Staff has received resignations from two committee members: Tiffany Campbell has submitted her resignation from the Arts and Culture Committee and Kelli Gallion-Sholler has submitted her resignation from the Community Safety and Welfare Committee. Ms. Campbell’s term on the Arts and Culture Committee was set to expire in June 2027 and Ms. Gallion-Sholler’s term on the Community Safety and Welfare Committee was also set to expire in June 2027.
The Arts and Culture Committee consists of seven members and meets quarterly and the Community Safety and Welfare Committee consists of seven members and meets bi-monthly.
The City Council interviews and appoints individuals to all City Commissions and Committees in June of each calendar year, with terms effective beginning on July 1 of the same calendar year.
The Arts and Culture Committee will hold two meetings before City Council schedules interviews and makes appointments in June 2026. The Community Safety and Welfare Committee will hold four meetings before City Council schedules interviews and makes appointments in June 2026.
At this time, Staff recommends that the City Council provide direction to the City Clerk to either leave the position(s) vacant until the June 2026 interviews or publish the vacancies, accept applications and schedule an interview date.
Council Options:
Leave the Arts and Culture Committee seat vacant until the June 2026 interviews and appointments.
Leave the Community Safety and Welfare Committee seat vacant until the June 2026 interviews and appointments.
Direct staff to solicit applications for one or both Committees and schedule an interview date. Take no action.
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Meeting Date: October 21, 2025 Agenda Item: 10B.
CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:
This is not a “project” under the California Environmental Quality Act (CEQA).
Recommended Actions:
Staff Recommendation ..recommendation
1. Accept the resignations of Tiffany Campbell from the Arts and Culture Committee and Kelli Gallion-Sholler from the Community Safety and Welfare Committee, with regret.
2. Provide direction to Staff on whether to leave the vacancies open or solicit applications to fill the remainder of Ms. Campbell’s and/or Ms. Gallion Sholler’s term (June 2027). ..end
Attachment:
None.
Notification:
Arts and Culture Committee
Community Safety and Welfare Committee
902
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: 10C.
Submitted By: Planning Division
Prepared By: Jonathan Lightfoot, City Planner
Subject:
..titl e
REVIEW OF THE CARS AND COFFEE EVENT, AN APPROVED WEEKLY EVENT UNDER CONDITIONAL USE PERMIT 22-328, FOR PERMITTED EVENTS AT THE OUTLETS AT SAN
CLEMENTE, AND CONSIDERATION TO INITIATE A PUBLIC HEARING PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.175 - CITY INITIATED CHANGES OR REVOCATION OF APPROVED APPLICATIONS ..body
Fiscal Impact:
There is no fiscal impact to receive and file this report. However, should the City Council direct staff to initiate a public hearing pursuant to San Clemente Municipal Code Section 17.12.175 - City Initiated Changes or Revocation of Approved Applications, staff anticipates an approximate cost of $5,000 for the staff time and related costs to prepare and conduct such a hearing.
Summary:
On September 16, 2025, the City Council requested a future agenda item to review the operations of the weekly Cars and Coffee events hosted at the Outlets at San Clemente (“Outlets”) every Saturday. The Outlets have operated special events under Conditional Use Permit (CUP) 16-349 since January 2018, authorizing a range of outdoor events. Following community complaints related to vehicle noise and traffic associated with the Cars and Coffee event between 2020–2021, the Planning Commission approved an amendment to the CUP in December 2022 (Resolution PC 22-031, provided as Attachment 1). The amendment permitted weekly car shows, while adding new conditions of approval to address parking, noise, and public safety concerns.
Since adoption of the amended CUP, there has been compliance with the specified conditions.
The event operators have implemented an on-site sign program, established an online feedback system, and provided logs of public correspondence as required. However, due to complaints regarding off-site speeding or vehicle noise, the Orange County Sheriff Department (OCSD) and the California Highway Patrol (CHP) have conducted targeted enforcement operations at and around the event, resulting in citations, vehicle impoundments and arrests for off-site violations.
The City Council may choose to initiate a public hearing to consider modification or revocation of the CUP under SCMC Section 17.12.175, request additional information, or receive and file this report.
Background:
The Outlets opened in November of 2015 and gradually introduced special events to its programming. On April 5, 2017, the Zoning Administrator granted Special Activities Permit (SAP) 903
Meeting Date: October 21, 2025 Agenda Item: 10C.
CITY OF SAN CLEMENTE 2
No. 17-066 to allow 14 special activities to take place in 2017. In 2017, the Outlets also applied for a Conditional Use Permit (CUP 16-349) to allow for a variety of recurring outdoor events. The Planning Commission approved the CUP on January 17, 2018, which authorized a range of public, promotional and community events.
The 2018-approved program includes three levels of outdoor events, categorized as Lowers, Middles and Uppers Events. Lowers are smaller events and would include weekend entertainers, solo musicians and crafting projects for children. These events would take place the most often.
Middles is a category of events that includes the Easter Celebration, Fiesta De Mayo, job fairs, the Menorah Lighting, and a car show. The largest events that would take place are the Uppers.
Examples of this type of event would be the Annual Tree Lighting, Shopping Extravaganza Fundraiser and Barks and Brews. Most events would take place in the interior courtyards of the outlets. The staff report for CUP 16-349 is available online1.
Staff provided a one-year status update to the Commission in January of 2019, which indicated that staff, the OCSD and Orange County Fire Authority (OCFA) had no significant calls for service related to these events.
However, between 2020-2021, Code Compliance received 17 complaints related to operations of the Cars and Coffee events at the Outlets. City management contacted the Outlets management and the event organizers to address the repeated complaints, and the Outlets ultimately submitted an application to amend CUP 16-349. The Planning Commission approved the amendment on December 7, 20222 via Resolution PC 22-031 (Attachment 1) which augmented the CUP to allow for a weekly car show, holiday events in partnership with religious or non-profit groups, and bi-weekly food distribution events. These events were subject to additional conditions of approval, and conditions related to the Cars and Coffee events are addressed by Condition of Approval No. 53 (refer to Exhibit A of Attachment 1).
One component of Condition 53 (b) was an on-site sign program providing both directional signs and “rules” of the event. Another component, (i), required an email contact on their website to receive feedback; and also a requirement that a log of responses should be made available to City staff. Figures 1 and 2 below demonstrate compliance with these referenced conditions, and the event operator (Simon and James Wehr) provided the log of emailed correspondence through their website, www.southoccarsandcoffee.com (Attachment 3), which includes five email interactions between January 2023 to present.
[Continued on next page]
1 Staff report from January 17, 2018 for CUP 16-349 is available at https://www.sanclemente.org/Home/ShowDocument?id=42939 2 Staff report from December 7, 2022 is available at https://www.san-clemente.org/home/showpublisheddocument/71596 904
Meeting Date: October 21, 2025 Agenda Item: 10C.
CITY OF SAN CLEMENTE 3
Figure 1: Excerpt from Event Website
Figure 2: Google Review Image Dated 10/2/2025
Since the Amended CUP went into effect in December of 2022, Code Compliance has received 4 complaints. Three of the four complaints centered around speed or noise of vehicles on public streets, and one complaint was about overflow parking in the residential neighborhood (Sea Summit) across from the Outlets. Each of these complaints was referred to OCSD.
OCSD regularly patrols the event. Deputies are not always available to remain on site or adjacent, but OCSD confirmed that on every Saturday in 2025, one or more sheriff deputies came to the event during their patrol. OCSD received two calls for service from Outlets Security in 2025: one for a physical altercation near Rockwell’s Bakery in January; and one for a Corvette speeding within the parking lot area.
Both OCSD and CHP have done targeted enforcement recently as well, with CHP conducting an operation in March of 2025 and OCSD conducting an operation in May. The enforcement actions from those operations are detailed in the following table:
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Meeting Date: October 21, 2025 Agenda Item: 10C.
CITY OF SAN CLEMENTE 4
Table 1: 2025 Police Enforcement
Action
CHP: March
2025
OCSD: May
2025
Enforcement contacts / Stops 159 54
Citations 121 56
Vehicles Towed N/A 2
Verbal Warnings 34 0
30-Day Vehicle Seizures 5 N/A
Total Arrests (Felonies) 4 (3) N/A
Pursuits 2 N/A
Discussion:
From a review of the Cars & Coffee operations, the event operators are abiding by the currently included conditions of approval. However, in review of the logs of code compliance and police complaints or calls for service, there is evidence of off-site vehicle code violations by some participants arriving to, or leaving from, the event. To address these impacts of the Cars and Coffee events, the City Council could initiate an action to modify or revoke the Conditional Use Permit at a noticed public hearing in accordance with SCMC Section 17.12.175.
At such a public hearing, the City Council would need to make one of the following findings in order to modify or revoke the Conditional Use Permit:
1. Conditions of approval of the approved application(s) are being violated or are not being satisfied.
2. The site or land use is being operated in a manner that constitutes a nuisance.
3. The application contained incorrect, false, or misleading information.
Based on the information contained in this report, it would be reasonable for the City Council to determine, at this time, that the operations of the Cars and Coffee events have generated a substantial number of complaints, and resulted in significant enforcement actions, and that a review of CUP 22-328, pursuant to SCMC Section 17.12.175, is warranted.
Council Options:
Initiate a public hearing to modify or revoke the Conditional Use Permit at a noticed public hearing in accordance with San Clemente Municipal Code Section 17.12.175. Provide further direction to staff, such as requests for additional information. Receive and file the administrative report.
Environmental Review/Analysis:
The action to initiate a public hearing to modify or revoke a Conditional Use Permit, or to receive and file this report, is not a “project” under the California Environmental Quality Act (CEQA). 906
Meeting Date: October 21, 2025 Agenda Item: 10C.
CITY OF SAN CLEMENTE 5
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council provide direction on whether it desires to initiate a public hearing to modify or revoke Conditional Use Permit 22-328 at a noticed public hearing in accordance with San Clemente Municipal Code Section 17.12.175. ..end
Attachment:
1. Resolution 22-031
a. Exhibit A – Conditions of Approval
2. Minutes of the Planning Commission Meeting of December 7, 2022
3. Log of Comments Received through Cars & Coffee Website
4. Letter from Cars & Coffee Operators
Notification:
Outlets Management
Cars and Coffee Event Operators
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Attachment 1
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Attachment 3
Emails sent through to South OC Cars And Coffee “comments or Concerns” on website.
From: Chassidy J
Date: January 31, 2023 at 12:58:35 AM GMT+1
Subject: Questions or concerns
Hi- I see right front and center of your site no revving and burnouts. I live nearby and the level of disrespect on this issue the last couple of weekends has been next level. First step- drop u a friendly line. Next- getting police, CHP, the City, outlets involved. I didn’t ask for this event in my backyard.
Response – following email:
Thanks for your email, Chassidy.
If you could please provide details on the offending vehicles (make, model, color, registration) or photographs we will call them out on social media and ban them from attending the event in future.
We take the behavior of our attendees extremely seriously, and work closely with the Outlets, the city and the sheriff to ensure compliance.
If you have any suggestions or questions, we would be happy to sit down and discuss with you further.
Kind regards
Simon Wehr - Co-founder - South OC Cars and Coffee
Then sent follow up email:
Hello Chassidy,
Just following up on my earlier email to make sure you got it.
Kind regards
Then received reply:
Maybe you sent a message but the first couple weeks after I reached out or somewhat quieter, then the storm. Today is pretty bad. Rather than asking me to put in an effort, how about you take the initiative for your own event and start documenting offenders.
Then we sent this reply:
Hello Chassidy,
I didn't ask you to put in effort, I simply asked that if you ever see offenders in the act, you send us the details so we can act on it.
932
Re your comment "how about you take the initiative for your own event and start documenting offenders" ... I can assure you; we do that.
We have up to 40 volunteers rostered throughout the outlet and on exit roads, all wearing highvis vests and with 2-way radios. When we catch anyone breaking our rules, we ban them from the event and name and shame them on social media.
We also monitor social media after the event for any posts showing antisocial behavior. In fact, in the case of last weekend, we found an offender (who I suspect was the person that was causing the noise you were referring to). We have identified them, personally contacted them advising them that they are now banned from the event permanently and will be prosecuted for trespassing if they return. We also advised them that we have forwarded their details to the sheriff (which we have done).
We pride ourselves in being a free community event, which brings joy to thousands of people or all ages. And it's not just car lovers ... South OC Cars and Coffee has become a weekly gathering and social pilgrimage for friends and families alike - sometimes across three generations. It brings hundreds of thousands of revenue dollars to the city each year and creates dozens of jobs for locals; and not just for The Outlets - All of which has been recognized by the City. It has put San Clemente on the map globally, with three different television shows being shot at the show, including "The World According To Jeff Goldblum." on Disney Plus. Even the local Sheriff Department supports the event and has said publicly that it is highly organized and that they have far more issues each week at local bars, restaurants, and even children's sporting events.
That being said, we acknowledge your concerns, and take them seriously ... We would welcome the opportunity to buy you a cup of coffee and to sit down and discuss them further.
Do you have any time this week?
Regards - Simon Wehr
No reply from this email.
From: Kathryn C
Date: September 23, 2023 at 11:27:06 AM PDT
Subject: I was stuck ion traffic for an hour waiting to charge my car Response – This was an unusual event (first viewing of Red Bull F1 car) – with a larger number of attendees than expected. We learned from this and started placing volunteers in the underground parking lot to direct traffic to and from the charging stations. For future large events, we recommended via social media that spectators to our show carpool or uber to the event. This resolved future issues.
Name: Shana S
Date: September 24, 2023 at 11:13:56 AM PDT
933
Subject: I'd like to report a concern
I've noticed the last two cars and coffee have brought a ton of cars into our neighborhood.
People are parking in our neighborhood and walking over. You need to have someone monitor this! It was so bad this weekend. Please get this under control.
Response – Created “Residents Only” sign, placed volunteer at entrance, and still announce on every live feed, not to enter Sea Summit. Note- this was also the large F1 event mentioned above – we also instruct people not to park in local neighborhoods on social media.
Name: Mike R
Date: December 23, 2023 at 6:58:59 PM PST
Subject: Traffic control
This past Cars and coffee 12/23 your traffic control people were preventing visitors leaving the parking garage from making a u-turn and were funneling everyone into the same line with the supercars, causing traffic to back up in all directions. Please re-examine this strategy of blocking exists. The goal should be to allow everyone to safely exit quickly, not cause more traffic.
Response – This was part of the CUP directive to reduce noise and traffic for residents of Sea Summit. We discussed in team meeting, and decided that we would allow regular Outlets customers (determined by regular car), or Tesla drivers leaving from charge point to do U-Turn to leave.
From: Pamela R
Date: February 11, 2024 at 2:39:11 PM PST
Subject: Yesterday
Hi - I was traveling North on the I-5 and at about 10:40 AM yesterday a group of extremely loud, fast and reckless Ferraris, Lamborghinis and motorcycles got on the highway at Vista Heromsa.
It startled and frightened me and most likely other drivers. They zipped around, tailgated and cut off other cars, as we tried to quickly move out of their way amid the ROAR of their collective engines. It's a miracle we didn't collide with each other trying to get out their way.
It's easy to see how a young or inexperienced driver could panic in the craziness and noise, and die in an accident.
As it stands, your event is a welcome part of this community. However, this could end if your members cause havoc on the highways. I am a San Clemente resident and I ask that you take affirmative steps to make sure your members don't cause havoc and mayhem on the surrounding roads.
Steps you can take include:
-positioning someone at the exits and not allowing groups of race car drivers and/or motorcyclists to leave at the same time.
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-giving them fliers and demanding they drive slowly and not grouped with others because of the noise and driving in groups seems to lead to this immature and dangerous behavior.
I realize this is hard to enforce. However, if your wife and child or grandmother was startled and then forced to drive dangerously to try to quickly get out of the way of these cars - you could understand the seriousness of this.
OC cars and coffee is fantastic and many residents (including myself) are proud to host this interesting event. But something must be done before something terrible happens.
Thank you for your serious attention to this matter.
Pamela R - San Clemente resident
Response – spoke about concern on weekly live feed, told attendees to be respectful and follow rules, positioned volunteers at exit and by Chik Fil A, discussed in team meeting. 935
Attachment 4
Subject: Response to Comments Regarding South OC Cars and Coffee Dear Council Members,
We were disappointed to hear the negative comments made during the recent city meeting regarding our event, South OC Cars and Coffee. We were also concerned by your stated desire to revisit the CUP held by the Outlets at San Clemente.
We take the professionalism of our event extremely seriously, which is why we were shocked to hear the following remarks:
“I especially hear your concerns about the uh Saturday morning car shows and I think that is absolutely something we need to address. I think you guys have lived with that for long enough.
Um, so I think we can mitigate that somehow.”
“The car show is I think we need to address that freaking car show that's every week and I'm going to move that forward. We need to look at that CUP and I think it's way too often way too much noise. It turned it's turned into a what's a kind of a fun hot rod and VW. It's all these exotic cars with the loud crap. And so anyway, that's going to be addressed.” We have worked diligently with the city during and since the CUP process, taking every suggestion, request, and requirement seriously. Beyond meeting those requirements, we have also implemented additional measures to ensure the event remains safe, compliant, and respectful of the community.
Steps we’ve taken include:
Signage
• 9 x “NO REVVING SPEEDING BURNOUTS - Offenders will be banned from the event and may be prosecuted”
• 9 x “PLEAVE QUIETLY AND SLOWLY - Please respect our neighbors and protect the event!” • 1 x “Yield” at the pedestrian crossing
• 1 x “No Left Turn” at the exit by Starbucks to mitigate noise for Sea Summit residents. • 1 x “Tesla Charging” to provide a simple route for owners • 4 x “No Entry Before 8:30” to prevent early arriving
• 4 x “No Exit” to control traffic flow
• 1 x “Residents Only” in the entrance to Sea Summit
Volunteers
• We now have between 30 and 60 volunteers each week providing security and traffic control • We hold weekly staff meetings to provide information on upcoming event, allocate official positions throughout Outlets and advise new volunteers of their responsibilities, while also pairing them with experienced peers
• They are all provided Hi-Viz vests and two-way radios • The majority are Marines from Camp Pendleton
o Their presence provides added security for the event
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o It also helps the Marines in their careers by earning LOAs (Letters Of Appreciation) for their time each week
o It also strengthens the relationship between the Marine Corps and San Clemente Behavior policies
• We start and end our weekly YouTube Video with “Please respect our rules; No speeding, revving or burnouts … That includes on the streets of San Clemente as well as getting on and off the freeways”
• We also mention it on every live social media feed
• Every Instagram post has the runes clearly posted in the caption: “No Revving, Speeding or Burnouts. Please drive slowly through San Clemente. Respect the property and have a great time!”
• We name and shame offenders on social media and ban them from the event Community Communication
• We added a “questions or concerns” button at the very top of our website, to make it easy for anyone to reach us
Since implementing these measures, we have only received five complaints and suggestions — all of which we addressed immediately, with no further responses. Furthermore, we have not been informed of a single complaint by the city. This is why your harsh comments came as such a surprise. If neighbors truly had concerns, wouldn’t it make sense to notify the event organizers directly? To us, it felt as though South OC Cars and Coffee was being used as a scapegoat to deflect attention in the midst of discussions about the pending hotel approval.
In particular, we must address your statement: “fun hot rod and VW. It's all these exotic cars with the loud crap.” This is not only inaccurate but suggests personal bias. Exotic cars represent less than 10% of weekly attendance — the smallest group present — a fact we can verify.
When we started South OC Cars and Coffee, we made a conscious decision for it to be inclusive … a place where anyone could attend and share their automotive passion, no matter what they are into. We welcome hot rods, rat rods, muscle cars, classics, vintage cars, sports cars, camping vans, off-roaders, motorcycles, as well as exotics, supercars, and hypercars. That inclusivity is one of the reasons why the show has become so popular.
Our goal from the beginning was to make South OC Cars and Coffee a family-friendly event that the entire community could enjoy. Each week, we see two, three, and sometimes four generations of family members attending and enjoying the atmosphere. The event encourages kids to step away from video games, iPhones, and e-bikes, and instead spend quality time with their parents, grandparents, and even their family dog. It is a true family community event for every age group — not a street takeover with lawless attendees and troublemakers.
South OC Cars and Coffee is also an important economic driver for San Clemente, with shops and restaurants across the city benefiting from the thousands of attendees each week. You may recall the managers of Ruby’s and Rockwell’s stating at the city hearing that they generate an additional $400,000 937
each year because of the show. The same goes for other stores, the movie theater, and restaurants at the Outlets. In fact, many have said that without South OC Cars and Coffee, they would not survive.
This begs the question: what would happen to the Outlets at San Clemente if South OC Cars and Coffee went away? A quick Google of “Hillsboro Outlets” shows another similar outlet mall on the I-35 in north central Texas that, without a strong community draw, failed, sat vacant and deteriorating for years, and is now costing the city $4.6 million to demolish and redevelop. Do we want a deserted outlet mall greeting visitors on the I-5 as they pass through our beautiful city? And if locals dislike the mall and Saturday morning car noise now, how will they feel if it becomes a shelter for homeless and squatters, with walls covered in graffiti?
It is not only the Outlets that benefit from South OC Cars and Coffee, but also the city itself, as recognized in an article titled “30 San Clementeans Who Helped Put San Clemente on the Map” in a recent edition of San Clemente Journal.
Crowd pleasers that South OC Cars And Coffee has brought to San Clemente:
• We have regular celebrity attendance including, Chip Foose, Edd China, Ant Anstead, Mike Brewer, Linda Vaughn, Dallas Raines, Matt from Car Wow and F1 drivers Juki Tsunoda and Liam Lawson • Hosted several TV shows including “The World According To Jeff Goldblum”, “Hot Rod Garage”, “The Ride That Got Away” and “Wheeler Dealers”
• Revealed pre-production and prototype vehicles for Ford, Maserati, Lamborghini, Chevrolet, Audi, Hennessey, Mazda, Jaguar, Range Rover, Pagani, Lexus, Polestar and Cadillac • Showcased special vehicles including 3 x Red Bull Formula One Cars, Ken Block’s Hoonitron, The Big Red Camaro, and the movie cars from Ford v. Ferrari
We also give back through charity events, including:
• “Toys for Marines” providing toys for children of deployed service members, wounded warriors, or families experiencing financial struggles
• CHOC (Children’s Hospital of Orange County)
• Chip Foose’s charity “Amy’s Depot”
• Sonance Foundation in conjunction with the Boys and Girls Club • “Cruisin For A Cure” for men’s prostate cancer awareness and research At the city meeting, the head of San Clemente High School’s Auto Academy noted that it was reinvigorated by South OC Cars and Coffee, bringing life back into a dying program — a success we continue to support. Two San Clemente Sheriffs also spoke on our behalf, stating they receive more complaints and callouts from little league games than from our event. They confirmed that we manage the crowds effectively, and once attendees leave, responsibility shifts to law enforcement.
The city once committed to helping with traffic control by setting lights to flashing before the show ended and placing signage at the entrance. Unfortunately, those measures were short-lived, and we were left to manage traffic ourselves again.
To date, there has only been one official audit of the event, conducted by Jonathan Lightfoot, who said afterwards that, he was extremely happy with everything we are doing. 938
When my family moved to San Clemente from Australia in 2010, our goal was to contribute positively to the community that welcomed us. South OC Cars and Coffee has become that contribution — a celebration of passion, family, community, and local pride.
South OC Cars and Coffee is the largest weekly community event in the county, if not the country — and one the City of San Clemente does not have to fund.
We respectfully ask that future discussions about our event reflect the facts, the extensive measures we’ve taken, and the genuine benefits it brings to San Clemente, and not just the voices of a few local residents who feel inconvenienced by a little noise for three hours on a Saturday morning.
Sincerely,
Simon and James Wehr
Founders – South OC Cars and Coffee
939
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: 10D.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Zach Rehm, Principal Planner
Subject:
..titl e
INFORMATIONAL REPORT ON THE CITY’S HOUSING ELEMENT IMPLEMENTATION & AFFORDABLE HOUSING OPPORTUNITIES ..body
Fiscal Impact:
There is no direct fiscal impact from receiving this informational report. Costs to carry out any City Council direction will vary based on such direction.
Summary:
At the September 16, 2025 City Council meeting, the City Council directed staff to place an item on a future agenda to review the City’s affordable housing program and opportunities to develop affordable housing. The purpose of this report is to provide the City Council with an update on the City’s Housing Element implementation and the development of affordable housing in the City.
Additionally, the report includes an update on the current staff-initiated effort to organize a Real Estate Asset Management Plan (REAMP), for consideration by the City Council at a future date, that will provide the information necessary for the City Council to make informed decisions regarding City-owned properties which could support affordable housing and other uses.
Background:
The City implements programs and regularly updates the City’s Zoning Code (Title 17 of the San Clemente Municipal Code, “SCMC”) consistent with Housing Element commitments to support and incentivize housing at all income levels. In 2021, the City adopted, and in 2022 the State certified, the Housing Element - 6th Cycle 2021-2029. Section 5 of the Housing Element is the Housing Action Plan, which includes four goals, 16 strategies, 17 programs, and dozens of objectives to support and incentivize housing at all income levels.
Each year, the City reports its progress implementing the Housing Action Plan to the California Department of Housing and Community Development. A summary table from the 2024 Annual Progress Report is included as Attachment 1. That report indicated that the City is on track to implement the Housing Element, noting 2024 updates to the Objective Design Standards and designation of a Housing Overlay. In 2025, Planning staff have worked on updates to the Emergency Shelter Overlay and the Inclusionary Housing Ordinance, which will be presented for Planning Commission discussion and City Council action later in 2025 or early 2026. Between 2021 and 2024, the City implemented other Programs including municipal code updates to support ADUs and small lot subdivisions, a density bonus ordinance, and a contract with Fair Housing Foundation to provide fair housing services to City residents and property owners. 940
Meeting Date: October 21, 2025 Agenda Item: 10D.
CITY OF SAN CLEMENTE 2
Attachment 2 includes an example of outreach Planning staff emailed to six affordable housing developers in June 2025 in fulfillment of Program 7 of the Housing Action Plan. In that outreach, staff referenced recent zoning amendments that the City adopted related to streamlined approval processes, Objective Design Standards, and the Housing Overlay. Staff offered to meet with developers to discuss applicable City development regulations and opportunities for housing within the City.
The City also became aware of new housing opportunities through public inquiries regarding available, privately-owned properties. Attachment 3 includes property profile memos developed by Planning staff in response to numerous zoning inquiries about properties for sale. These memos reflect the City’s zoning regulations and processes, though recent State housing laws may allow residential development that supersedes certain local zoning standards. Examples of properties generating such zoning inquiries are the current DMV site (2727 Via Cascadita) and the former Rite Aid site (801 N El Camino Real). Those sites are on commercially zoned lots eligible under State law and/or City code to be developed with housing and mixed-use projects providing a portion of the housing units at an affordable level. In addition to the memos, Planning staff met with the owners of those properties, among others from time to time, and discussed City regulations and opportunities for housing (both market rate and affordable) with interested developers on the phone, by email, and in person.
Attachment 4 includes the May 8, 2013 Planning Commission staff report for a project in which the City designated land and provided funding to support a 19-unit affordable work-force housing project at 107-115 Avenida Serra. The City and the non-profit housing developer entered into an agreement providing that the units would be rented to households of up to three people earning not more than 60% of the Area Median Income at an affordable rent (not more than $998/month subject to annual inflation increases) for at least 55 years. The complete hearing packet is available at: https://www.sanclemente.org/home/showpublisheddocument/13860/635440558908930000 That project was the last substantial affordable housing project completed in the City, although several senior housing projects have been approved and constructed since then. The City contributed funds to that project from the Inclusionary Housing Fund, which the City maintains by collecting fees from market rate projects with at least six units that do not include affordable housing, and could utilize to partially fund a future affordable housing project. The City also provided a loan to the housing developer, after the initial request to use California Redevelopment Agency funds was deemed infeasible. The housing developer also provided some of their own funding through grants and tax credits, which would be expected in a future affordable housing project.
The biggest barrier to affordable housing development, especially in coastal Orange County, is the high cost and relative scarcity of available land. Staff did not reference available land in recent outreach to affordable housing developers because the City Council has not recently provided direction to pursue an affordable housing project on City owned land, but it is the most frequent question when staff meet with interested parties. The most recent opportunity to designate land was at the old City Hall site, located at 100 Avenida Presidio. The City declared that property surplus in 2021, and received proposals to develop affordable housing and other uses on the site.
Affordable housing is a priority use whose proponents get first rights to negotiate with local 941
Meeting Date: October 21, 2025 Agenda Item: 10D.
CITY OF SAN CLEMENTE 3
governments and offer fair market value for available public land subject to the Surplus Lands Act. The City elected not to move forward with any of the proposals for use of the land in 2021 so it is still City owned, but the site was analyzed in the 2021 Housing Element and added to the Housing Overlay in 2024.
Staff is currently developing a comprehensive Real Estate Asset Management Plan (REAMP), which is intended to catalog, evaluate, and strategically manage all City-owned properties. The draft plan, now in preparation by the Community Development Department, establishes a framework for identifying the best long-term use of City assets, balancing community needs, fiscal responsibility, and opportunities for public benefit. Staff anticipates presenting the draft REAMP to the City Council in early 2026. Key goals of the program include ensuring transparency in property management, aligning real estate decisions with the City’s General Plan, Long-Term Financial Plan, and other policy documents, and optimizing the use of public land for both service delivery and economic development purposes. Once completed, the REAMP will provide the City Council with a portfolio-wide view of City-owned properties that could support affordable housing or other uses, or be declared surplus, which would offer an avenue to development of affordable housing by other parties.
Council Options:
Receive and file this informational report. This action will result in City staff continuing the implementation of the Housing Action Plan as specified in the Housing Element. The City Council could consider actions to support affordable housing on City-owned parcels through the REAMP, which will come for consideration by the City Council at a future date. This approach ensures that decisions regarding this site are made holistically, with the benefit of a comprehensive assessment of all City assets and the long-term needs of San Clemente residents and businesses.
Receive and file this informational report, and provide staff with direction, at this time, on implementation of the Housing Action Plan on a timeline or scope beyond that specified in the Housing Element and the REAMP process. This could include direction for staff to identify sites in the City’s control where affordable housing could be developed in coordination with a non-profit partner or direction to staff to initiate zoning amendments to further incentivize affordable housing on privately held land.
Environmental Review/Analysis:
The action before the City Council, acknowledging ongoing housing programs previously authorized through the Council’s approval of the Housing Element and the ongoing Real Estate Asset Management Plan, does not commit the City to a specific use or development plan. At this stage, there is no approval of construction, operation, or other physical changes. Therefore, this action does not constitute a “project” under CEQA (Guidelines § 15060(c)(3)). If the City Council later approves a specific development or improvement plan for the Property, that future action would be evaluated for CEQA compliance at that time.
942
Meeting Date: October 21, 2025 Agenda Item: 10D.
CITY OF SAN CLEMENTE 4
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council receive and file this report, which will:
1. Maintain the directive of staff to implement the goals, strategies, programs, and objectives of the Housing Action Plan as certified by the State of California through the 2021-2029 Housing Element; and
2. Allow staff to continue evaluating potential sites for affordable housing development through the pending Real Estate Asset Management Plan, and return with feasibility analyses for City Council consideration at a later date.
..end
Attachment:
1. 2024 Annual Progress Report Summary Table
2. Planning Staff Outreach to Affordable Housing Developers
3. Property Profile Reports for Potential Housing Sites
4. 2013 Affordable Housing Project Funded in Part by City Notification:
San Clemente Affordable Housing Coalition
943
Jurisdiction San Clemente
Reporting Year 2024 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutorydeadline, rezone candidate sites with a housing overlay (H) ofup to 71.6 acres but at least necessary to accommodate theCity’s RHNA shortfall of 244 lower income units, 21 moderateincome units, and 277 above moderate income units. Therezoning process will include community outreach, includingcommunity outreach for additional potential rezone sites if thecandidate sites become unavailable.2) Facilitate development on the rezoned sites by establishingappropriate objective development standards (including heightlimit, number of stories, lot coverage, and parking) that wouldallow development projects to achieve the allowable densities.Specifically, consistent with City practice, the City will allowdevelopment potential to be calculated for the entire site basedon gross density, while allowing the residential units/mixeduse components to be clustered on portions of the site.
For 1, within 3 years.For 2, ongoing.
Completed.The City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the previously designated Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity to satisfy the City’s Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible multi-family housing projects in zones where it is permitted. These efforts and others are described further within the attached 2024 APR Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously toassess its adequacy for meeting the RHNA, particularly forsites capable of facilitating the development of lower incomehousing.4) Make the inventory of vacant and underutilized sitesavailable to interested developers. Every other year, reach outto developers and property owners to facilitate projects withappropriate parcel sizes, including lot splits or lotconsolidation to create appropriately sized parcels (e.g. 0.5 to10 acres) and/or other incentives or mechanisms to facilitateaffordability and meet RHNA requirements. See Programs 3and 7 for additional housing development outreach. The sitesinventory will be posted on the City’s website, the City’shousing sites GIS app, and updated annually.
Ongoing
Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, and provides the site inventory to our list of interested affordable housing developers.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 $WWDFKPHQW
944
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.
For 5, ongoing implementation. If there is a shortfall found, the City has six months to identify additional sites.
Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories.
Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 1) For reuse sites, amend the Zoning Ordinance by the end of 2022 and apply a housing overlay to establish by-right approval process as required by AB 1397, which allows the City to require the architecture/design of all projects to meet objective design standards.2) Concurrently with the establishment of a housing overlay on candidate sites and within three years of the 6th Housing Element statutory deadline, establish a by-right approval process allowing the City to require the architecture/design of all projects to meet objective design standards.
For 1, by end of 2022. For 2, within 3 years.
Completed. In December 2024, the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity that can meet the City’s the Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted. These efforts and others are described further within the attached 2024 APR.
Program 2B, SB 35 Streamlining for Projects with Affordable Units 1) Within three years of Housing Element adoption, and no later than October 2024, develop procedures to address the streamlining requirements of SB 35 Within 3 years.
Completed. In December 2024, the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity that can meet the City’s the Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted. These efforts and others are described further within the attached 2024 APR.
Program 3, Lot Consolidation
1) Facilitate lot consolidation via the following: a) by the end of 2022, develop informational materials on the City’s new Lot Consolidation program and promote available incentives to developers, especially to property owners and developers of sites in the Residential Sites Inventory and Candidate Rezone Sites, and b) an ongoing basis, provide technical assistance regarding the lot consolidation process to interested parties.
For 1, end of 2022.For 2, ongoing.
Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives. 945
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate.
For 2a, ongoing.For 2b, by 2025.
Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. 2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers.2b) At this time, the City has deteremined its lot consolidation ordinance is adequate in conjunction with the City's adoption of Objective Design Standards (ODS) in December 2024 that is applied to by-right approval of housing projects in the housing overlay and SB35 streamlined developments. Several small sites are in the housing overlay and can support SB35 streamling projects, in which the ODS apply with a ministerial process. This streamlines the review process, allows for affordable housing projects in the Housing Overlay to follow similar development standards as the underlying zone, such as higher lot coverage, reduced setbacks, etc. that facilitate projects on small sites, and the ODS adjust other requirements to faclitiate development of housing. Overall, these changes provide additional incentive and means to develop housing on more small sites, particularly in the housing overlay where the ODS reduces development standard constraints. The City will continue to evaluate the effectiveness of its regulations, including the lot consolidation ordinance. With the recent adoption of ODS, ahead of the action plan objective timeframe, the City will observe how these changes faciliate development of smaller sites and housing generally toward the City's RHNA.
Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022 to reflect recent changes to the State density bonus law. By end of 2022 Ongoing.The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance.
Program 5, Affordable Housing Overlay
1) Continue to implement the requirements of the Affordable Housing Overlay Zone.2) Concurrently with the housing overlay in Program 1, and byright approvals in Program 2A, modify the Affordable Housing Overlay Zone to improve the effectiveness of the Overlay Zone and make amendments as necessary. Specifically, evaluate the effectiveness and create one Housing Overlay (H) with objective design standards, minimum levels of affordable housing units, and by-right approval if 20 percent of the units are set aside for lower income (very low and low) households (see Program 2A). As part of this review, amend the development standards for height limits, number of stories, lot coverage, and parking requirements to ensure that development projects have the ability to achieve the allowable densities. The City will invite and engage the community, including the development community, to provide feedback during this process.
For 1, ongoing.For 2, within 3 years.
Ongoing.1) The City will continue to implement standards of the Housing Overlay adopted in December 2024 that was formerly known as the Affordable Housing Overlay.Copmpleted2) In December 2024, the City adopted a Zoning Amendment to adopt Objective Design Standards, selection of sites previously identified in the Housing Element to be added to the Housing Overlay, and zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts; a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to byright approval of housing projects and SB35 streamlined developments. The Housing Overlay includes the prior affordable housing overlay area and adds the potential rezoning sites identified in the Housing Element. 946
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7). Ongoing Ongoing. The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an inlieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. In 2025, the City will consider changes to the Inclusionary Housing Program (IHP), revisiting recommendations by the consultant retained by the City in 2021 to complete an analysis of the program; which includes recommendations on funding allocation.
Program 6, Inclusionary Housing Program
1) Continue implementation of the Inclusionary Housing Program.2) By 2025, the City will retain a consultant to evaluate the effectiveness of Inclusionary Housing Program in facilitating the development of all income levels, and conduct a feasibility study to evaluate increasing the inclusionary housing requirement from 4% very low to 15% (5% very low, 5% low, and 5% moderate). Updates to the Inclusionary Housing Program will reflect the new requirement with a corresponding updated in-lieu fee (paid if affordable units are not provided onsite) to reflect current land and construction costs, and other related updates.
For 1, ongoing.For 2, by 2025.
Ongoing.1) The City continues to implement the Inclusionary Housing Program. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate; however the City will pursue the feasibility study according to objective 2. In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe.
Program 7: Affordable Housing Development
1) Proactively encourage and facilitate the development of affordable housing by non-profit organizations for lower income households, particularly those with special needs including large households, seniors, extremely low-income (ELI) households, and households with persons who have disabilities or developmental disabilities with the goal of creating 446 affordable units for lower income households between 2021 and 2029 (282 extremely low and very low income and 164 low income units, see Program 1). Specifically, the City will:a) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.b) Evaluate, every other year, the City’s Zoning regulations for potential constraints to the development of housing for persons with special needs.
For 1-2, ongoing.
Ongoing.1) Projects are reviewed according to density bonus regulations. The City implements the Inclusionary Housing Program and zoning standards that are to support and facilitate housing, such as allowing housing to be reviewed ministerially with Objective Design Standards adopted in 2024 when proposed in the Housing Overlay or when part of a SB35 application, the lot consolidation ordinance, and other standards adopted according to State housing law, such as density bonus law and ADUs. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2024, the City did not grant entitlements projects that included a density bonus. The City received a building permit application in 2024 for an project entitled in 2023 with a density bonus concession for a setback with to provide a low income unit, not involving a requested density increase.a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. 947
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente.
For 2, ongoing.
2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2023, the City entitled an affordable housing project with a density bonus for a setback concession to support the inclusion of 1 low income apartment. The density bonus request did not include an increase in density.
Program 7: Affordable Housing Development
3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program.4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing.
For 3, ongoing. For 4, every other year.
Ongoing.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an inlieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing.4) For long-term affordable housing, in December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. The review process involved collboration with affordable housing developers and public hearings. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.
Program 7: Affordable Housing Development
5) Annually, evaluate available housing funding programs administered by the State HCD and if appropriate, pursue funding for affordable housing (new construction, acquisition/rehabilitation, infrastructure improvements, and other housing assistance).
Ongoing.
Ongoing.The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 948
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary.2) Facilitate ADU construction through:a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of pre-approved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.
Ongoing.
Completed:1) The City has a permit tracking system to inventory ADUs so staff can monitor progress towards its construction goals. The City reviews and permits Accessory Dwelling Units (ADUs) in conformance with State law. Staff continues to improve public information on ADU standards on the City website and handouts. Since 2021, the City has issued permits for 81 ADUs.2) The City is member of the Orange County Council of Governments that has funded several initiatives to support ADUs including an ADU website, calcualtor, and resources for preapproved plans; among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction.
Program 9: Pursue Funding Sources and Programs
1) Continue to apply for and administer CDBG grants annually.2) Pursue funding from sources such as the Permanent Local Housing Allocation (PLHA), CalHome or CalHFA to assist in housing rehabilitation, homeownership, and ADU development.3) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.
Ongoing.
Ongoing.1-2) In 2023 the City administered $31,635 of CDBG grant funds to four organizations that provide services for case management, food, health care, rent and utility assistance, and transitional housing services. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships. 3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 949
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or long- term permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029.2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers.
For 1, every other year. For 2, ongoing.
Ongoing.1) In December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. This process included outreach with affordable housing developers on opportunities to facilitate housing production. The adopted Housing Overlay includes the potential rezoning sites in the Housing Element to provide adequate site capacity to meet or exceed the City's RHNA. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.2) The City colloborates with the Fair Housing Foundation and implements a housing rehabilitation grant program with CDBG funding. The City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on a list to maintain and expand through the planning period.
Program 11: Sustainable Policies
1) Continue to implement the Sustainability Action Plan.2) Continue to promote resident participation in available PACE programs by providing links to these programs on City website.
Ongoing.
Ongoing.The City will provide links on its website and continue to implement the Sustainablity Action Plan. As an implemention measure, the City requires housing development to comply with current Green Building Codes to ensure energy and water conservation and require new units to have solar-ready roofs.
Program 12: Affirmatively Furthering Fair Housing
1) Implement the City's actions for addressing fair housing issues and concerns identified in Table 5-2.
According to Housing Action Plan Table 5-2
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2023/2024, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Boys and Girls Club about fair housing services. In total, we distributed 2,392 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station. 950
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing funds annually.2) Provide assistance to approximately 2,000 persons with special needs, including homeless, seniors and disabled persons, on an annual basis through grant awards.
Ongoing.
Ongoing.1) The City continues to offer grant applications to prospective social service subrecipients. Each of the organization’s applications are then reviewed by the City’s designated Human Affairs committee for the City's Public Services Loan Grant and are approved based on parameters set forth by HUD that address priority needs, including but not limited to safety net programs for lower income households as well as community needs. For 2024, $45,661 was allocated for six (6) organizations.2) As identified in the City's Annual Action Plan, more than 2,000 persons were assisted as a result of CDBG funds awarded to subrecipients via the City's Public Services Grant. Organizations such as Age Well Senior Services offers the Meals on Wheels program that assists seniors throughout the City. Vocational Visions is another subrecipient that offers valuable services such as job training and job coaching for adults with intellectual and developmental disabilities. Lastly, Camino Heath offered heavily reduced costs for medical and pediatric dental care to low income members of the community, including many of whom were homeless.
Program 14: Zoning Ordinance Amendments
1) Complete the above necessary amendments to the Zoning Ordinance by the end of 2022, except where otherwise noted.2) Monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process.
For 1, by 2022. For 2, ongoing.
Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.Ongoing.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. In 2024, the City adopted several zoning changes, described above for objective 1.
Program 15: Monitoring of Emergency Shelter Overlay
1) Provide information to property owners and tenants in the Rancho San Clemente Business Park regarding the ES Overlay, including the purpose and intent behind the requirement to accommodate emergency shelter sites in the City.2) Evaluate the rideshare program annually and work with the vendor to improve the program or find alternatives to the program.
Ongoing.
Ongoing.1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3, 2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. San Clemente continued to offer the service in 2023 during the pandemic that decreased demand for public transportation services. In 2024, approximately 50,008 rides were provided as of December 31, 2024. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations, such as the YMCA chapter in Orange County. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addition or instead of the toll free phone number. OCTA has continued to work with the City to support and fund ADA ride services 100% for this program. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users. (continued in row below) 951
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) Ongoing.
The subsidized cost for the SC Rides services remains constant, matching the original cost offered by the 191 and 193 OCTA bus routes. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location.
Program 15: Monitoring of Emergency Shelter Overlay
3) In the event an emergency shelter is proposed, the City will work with the social service providers and shelter proponents to determine if the rideshare program serves as a feasible transportation option, or secure other alternatives while avoiding burden and costs on the applicants.4) Should an emergency shelter locate in the business park, the City would work with or partner with the emergency shelter operator to evaluate and implement options for providing transit service to and from the emergency shelter from existing transit routes.
Ongoing.
Ongoing. 3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described.
Program 15: Monitoring of Emergency Shelter Overlay
5) At least every two years and as emergency shelters are proposed, assess and update the City’s unmet homeless shelter needs, upon review and analysis of reliable data and consideration of input from service providers and public input in a City Council meeting. The unmet homeless shelter needs will be updated when:a) Results of the Biannual Homeless Census (point-in-time) conducted by the Orange County Continuum of Care are available. Annually, the City will participant in the Homeless Census to obtain a specific homeless count for San Clemente, with specific counts for sheltered versus unsheltered homeless.b) Emergency shelters will be allowed without discretionary action until the unsheltered homeless need identified in this assessment is met and continue to be permitted through a discretionary review process.
For 5, every two years.
Completed.This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2024, which found that there are 65 unsheltered homeless and 36 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 16 compared to the 2022 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City to-date hasn't found interest from shelter providers in establishing a shelter in San Clemente. Through a 2021 survey, the City found that shelter operators would not allow homeless persons from other cities to utilize available beds. San Clemente is supportive of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered.
Program 15: Monitoring of Emergency Shelter Overlay
c) Significant changes in the housing market conditions occur that would impact the City’s homeless shelter needs between the Homeless Censuses. The City will consult homeless service providers to establish the appropriate modifications to the established unmet homeless shelter needs.d) Significant changes to the City’s homeless strategy occur, such as funding available for homeless housing programs that would reduce the unmet shelter needs.
Ongoing. Same as row above.
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Name of Program Objective Timeframe in H.E Status of Program Implementation Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bed-limit, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services.
For 6, in 2023-2025.
In Progress.In December 2022, the City adopted updates to the Zoning Ordinance for consistency with State Assembly Law 139. In 2023 and 2024, the City worked with OCCOG consultants to draft updates to its Emergency Shelter Ordinance (ESO) and evaluate potential additional areas for possible inclusion in the Emergency Shelter Overlay. In 2025, the City will include the ESO update in its work program to meet this objective.
Program 16: Neighborhood Revitalization Program
1) Continue to implement the Neighborhood Revitalization Program and advertise at least annually the availability of this program to eligible residents and property owners by announcing in City magazines, placing flyers at all City buildings, posting on City website and social media. Code Enforcement also refers eligible property owners to the City’s various programs for assistance.2) Provide 20 loans through the Home Rehabilitation Program during the Housing Element planning period.3) Annually, explore and pursue if appropriate, housing funding programs administered by the State HCD to expand the City’s Neighborhood Revitalization Program.
Ongoing.
Ongoing.1) The City continues to provide CDBG funding for the Housing Rehabilitation Program. Though no loans or grants were awarded in 2024, the City remains committed to providing these services. The program will be active by the 2nd quarter of 2025 and will continue providing qualified applicants funding for these projects. Additionally, the City has comprehensive marketing efforts in place to immediately begin once the program is active. 2) Per Program 15 of the City's Housing Element, the objective would be to provide (40) loans to further Neighborhood Revitalization efforts. Within this current cycle, the City has issued a combined total of (16) loans/grants to qualified applicants meeting HUD's low-income parameters. With new efforts to strengthen the program, which is set to relaunch in the next several weeks, the City is confident it will remain on schedule to meet the programs objective. 3) The City remains committed to searching for new ways to address neighborhood revitalization. To support this goal, the City has contracted with a consultant to identify all available grants, including those that fall within the scope of revitalization efforts. In addition to our allocations from CDBG for rehabilitation and PLHA, we continue to engage key members of the community who need assistance. Our efforts focus on offering resources for home rehabilitation and providing community outreach to serve the unhoused, ensuring that our neighborhood revitalization initiatives benefit all residents Program 17: Preserve AtRisk Housing
1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission.2) Ensure property owners adhere to new state noticing requirements prior to conversion – three- year, one-year, and six-month notices are required.3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the at- risk units as affordable units.4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9.
Ongoing.
Ongoing.The City maintains a contact list to monitor status of affordable units with property managers. Staff also evaluates units at risk of converting to market rate housing, and none of the affordable housing units are at risk within the 10 year planning period (2021-2029). The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. 953
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 17: Preserve AtRisk Housing
5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12.
Annually.
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2023/2024, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Boys and Girls Club about fair housing services. In total, we distributed 2,392 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station. 954
City of San Clemente
Planning Division
Community Development
To Roger Kinoshita,
Senior Vice President, Real Estate Acquisitions
The City of San Clemente values our community members and seeks to provide a range of housing options to sustain social and economic needs. We have been following your work developing housing and would like to extend an invitation to meet with City staff to discuss our development review process, including new incentives and streamlined review, and keep communication open. The City of San Clemente is the southernmost city in Orange County with a population of 66,245 and covers about 18 square miles of hills, canyons, and coastline. The city is referred to as the “Spanish Village by the Sea,” due to its signature Spanish architecture and beach lifestyle.
In our 6
th Cycle Housing Element, we found that the community is most in need of housing for very lowincome and moderate-income households. These can be developed as stand-alone (100% affordable) projects or as part of project providing up to 80% market rate housing. We invite you to browse the Planning website and links below to familiarize yourself with our city’s development details. Please review and let us know if you would like to schedule a meeting. - Objective design standards
- Residential Density Interpretive Table
- Interactive housing overlay map
We look forward to working with you. You may reach out with any questions at 949-361-8258 or via email to [email protected].
Sincerely,
Araceli Mejia
Assistant Planner
Attachment 2
955
Memorandum
Planning Division
August 20, 2025
Property Profile: 801 N El Camino Real (Rite Aid Site)
APN: 057-155-36
Land Use
General Plan, Coastal Land Use Plan: Neighborhood Commercial 2 (NC2) Zoning: Neighborhood Commercial 2 (NC2), Architectural (A) Overlay, Housing (H) Overlay, Coastal Zone (CZ) Overlay
Development Standards: max height 33' top of roof; 26' plate; 2 stories; 0 setbacks; 60% lot coverage Commercial uses: retail, personal services, professional offices, financial institutions and related uses, public/quasi-public and institutional uses, restaurants and bars Residential use: (24 du/acre) for Qualified Affordable Housing Development project that includes 20% low income or 40% moderate income units – see Housing Overlay regs + Objective Design Standards Density Bonus may be applied within Housing Overlay, subject to provisions of State law Entitlement Process
1. Pre-Application Process encouraged – share preliminary project plans with Planning, Building, Engineering, and Fire staff, with optional Planning Commission preliminary review (additional fee may be required), and obtain feedback. Submit pre-app to the Planning Division and pay associated Preliminary Review deposit $1,065.02 (minimum $342.10 fee). Also include:
a. project narrative identifying proposed land uses, density, site layout, and design b. plans, renderings, diagrams, and/or other visual representations of project
2. Commercial or Mixed-Use Projects requiring a Conditional Use Permit – Planning Commission
3. Qualified Affordable Housing Development project – Administrative review within 60 days
4. Coastal Commission Review – site is in Coastal Zone and not subject to Categorical Exclusion so Coastal Development Permit required from Coastal Commission
5. Changing or intensifying allowable land uses – environmental review and additional entitlement processes including General Plan Amendment, Coastal Land Use Plan (Local Coastal Program) Amendment, and Zoning Amendment
Disclaimer: this memo presents an abbreviated summary of land uses, development standards, and the entitlement process; interested parties should consult the City’s Zoning Code for complete information.
Attachment 3
956
Subject Site
Housing Overlay
957
Memorandum
Planning Division
November 1, 2024
Property Profile: 2727 Via Cascadita (DMV Site)
APN: 691-303-04
Current Land Use
General Plan: Neighborhood Commercial 1.1 (NC1.1)
Coastal Land Use Plan: Neighborhood Commercial 1.1 (NC1.1) Zoning: Neighborhood Commercial 1.1 (NC1.1)
Allowable uses: Commercial/retail, personal services, professional offices, financial institutions and related uses, public/quasi-public and institutional uses, restaurants and bars Figure 1 Aerial of site Figure 2 Assessor’s parcel map of site As currently designated, this site does not allow housing and has not been identified as a candidate site for housing in the 2021-2029 Housing Element cycle.
Housing may be developed on some parcels in commercial and mixed-use zones which have been identified in the Housing Element, and would be subject to streamlined review within the Affordable Housing Overlay (a pending Zoning Amendment would redesignate those parcels within a Housing Overlay and apply additional incentives for projects that include at least 20% low-income housing).
See the graphic on the following page for the proposed Housing Overlay and the interactive GIS link below for other sites where housing may be developed in commercial, and mixed-use zones:
https://sanclementeca.maps.arcgis.com/apps/instant/basic/index.html?appid=257092bf062f4bc4985 7181ecae0429f
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Figure 3 Proposed Housing Overlay sites where housing may be developed in commercial and mixed-use zones 959
Changes in Land Use
Changing the allowable land uses for this site would require a significant environmental review and entitlement process. The site would need to undergo a General Plan Amendment, Coastal Land Use Plan (Local Coastal Program) Amendment, and Zoning Amendment, as well as CEQA review. A project would require a Development Permit (City) and Coastal Development Permit (Coastal Commission).
The land use related amendments could be processed along with the required environmental/CEQA analysis. Initiation of environmental review would require funding a pre-paid deposit account to pay for staff time and a 3rd party consultant.
The package would be reviewed by the City’s Development Management Team, Design Review Subcommittee, Planning Commission, and City Council. If approved by the City Council, a Local Coastal Program Amendment and Coastal Development Permit would be required following an application and public hearing before the California Coastal Commission.
Preliminary Application strongly encouraged for proposed changes in land use.
The City offers a pre-app review process, which provides property owners/applicants the opportunity to share preliminary project plans with staff and the Planning Commission and obtain feedback during a public meeting where no action is taken with a deposit of $5,000. The process for that is as follows:
1. Submit pre-app to the Planning Division via email to [email protected] and pay the associated pre-app fee and applicable staff research fees. a. Include a project narrative identifying proposed land uses, density, site layout, and design.
b. Include plans, renderings, diagrams, and/or other visual representations of project.
2. Planning staff will route the project to other City and agency staff (Building, Engineering, Code, Fire, Trash) for preliminary comments.
3. The applicant may choose to revise plans to address comments before presenting plans at a Planning Commission study session and obtaining additional feedback from staff and Planning Commissioners.
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Attachment 4
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: 10E.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
REFERRAL OF THE LODGE HOTEL PROJECT AT 401 W. AVENIDA VISTA HERMOSA TO
THE DESIGN REVIEW SUBCOMMITTEE, PURSUANT TO THE SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.025 ..body
Fiscal Impact:
None.
Summary:
At its October 7, 2025 regular meeting, the City Council agendized consideration of directing the Design Review Subcommittee (DRSC) to review the Lodge Hotel project for design recommendations to help address community concerns related to light and noise. San Clemente Municipal Code (SCMC) 17.12.025 describes the function and duty of the DRSC: “The DRSC is a subcommittee of the Planning Commission and is an advisory body, not an approval body. The Subcommittee advises applicants on how projects can best comply with policies and design guidelines that relate to various visual impact issues, such as site planning, architecture, landscaping, and the preservation of cultural and aesthetic resources…”. Projects can be referred to the DRSC by the review authority for consideration of design elements. The City Council may refer the Lodge Hotel project to the DRSC, and that body may review and advise the project applicant on how forthcoming construction plans can adhere to the already-approved project plans, while improving compliance with the City’s zoning standard for lighting (SCMC 17.24.130) and municipal code standard for noise control (SCMC 8.48).
On October 15, 2025, staff met with several residents to discuss potential mitigation efforts that address the concerns related to sound and lighting. There has also been communication with the applicant regarding these issues. Staff would recommend continuance of this item to a date uncertain to provide the applicant the time necessary to generate proposals in response to the input received at the meeting with residents.
Background:
At its September 16, 2025 regular meeting, the City Council adopted Resolution No. 25-137 to approve Public Hearing Project 25-343 for the Lodge Hotel project to amend Commercial Site Plan Permit (SPP) 99-16 and Conditional Use Permit (CUP) 99-17. This action modified the previously approved hotel at 401 W. Avenida Vista Hermosa to allow for an increase in height from 45 feet to 62 feet to incorporate a rooftop restaurant with outdoor dining and elevator towers.
The City Council found that Addendum No. 6 to the MCSP Final EIR, which was prepared to evaluate the amended plans, demonstrated no new or more severe significant impacts when 972
Meeting Date: October 21, 2025 Agenda Item: 10E.
CITY OF SAN CLEMENTE 2
compared to the Final EIR and that no further environmental review was needed, consistent with CEQA Guidelines §15162 and §15183.
Council Options:
Adopt Resolution No. 25-158 to refer the Lodge Hotel project to the DRSC for guidance on compliance with SCMC standards related to lighting and noise contained within SCMC
17.24.130 and SCMC 8.48, respectively.
Continue the item with direction to staff to provide additional information. Do not adopt Resolution No. 25-158, which will result in declining to refer the item to the DRSC.
Environmental Review/Analysis:
The action before the City Council, to refer the Lodge Hotel project to the DRSC, does not constitute a “project” under CEQA (Guidelines § 15060(c)(3)). If the DRSC recommends, and the project applicant agrees to pursue, modifications to the project that are not in substantial conformance to the already approved project, then the amended plans will be subject to subsequent review procedures specified under CEQA and SCMC 17.12.180.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends continuance of the item and future consideration of Resolution No. 25-158, which would refer the Lodge Hotel project to the DRSC for guidance on compliance with SCMC standards related to lighting and noise contained within SCMC 17.24.130 and SCMC 8.48, respectively.
..end
Attachment:
1. Resolution 25-158
Notification:
Lodge at San Clemente, LLC
973
Attachment 1
4934-9616-2407 v1
RESOLUTION NO. 25-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE REFERRING PUBLIC HEARING
PROJECT 25-343, THE LODGE HOTEL AT 401 W.
AVENIDA VISTA HERMOSA, TO THE DESIGN
REVIEW SUBCOMMITTEE FOR DESIGN
RECOMMENDATIONS TO HELP ADDRESS
COMMUNITY CONCERNS RELATED TO LIGHT AND
NOISE
WHEREAS, on June 23, 1998, the City Council certified the Final Environmental Impact Report (FEIR) for the Marblehead Coastal Specific Plan (MCSP) (State Clearing House [SCH] No. 1995091037); and
WHEREAS, on August 5, 1998, the City Council approved General Plan Amendment 95-01, Specific Plan 95-02, Tentative Tract Map (TTM) 8817, Site Plan Permit (SPP) 97-16, and a Development Agreement; and
WHEREAS, on July 7, 1999, the City Council approved Site Plan Permit 99-16, Conditional Use Permit 99-17, and Sign Exception Permit 99-18, revising the commercial portion of the project to consist of 700,140 gross square feet of commercial uses, including 443,860 SF of specialty retail, 176,232 SF of entertainment, and 80,048 SF of general retail; and
WHEREAS, on April 9, 2003, the California Coastal Commission (CCC) conditionally approved the Marblehead Coastal project, acknowledging that most, but not all, of the property lies within the Coastal Zone. Land outside of the Coastal Zone, including the subject site, does not fall under CCC jurisdiction. The plan approved by the CCC incorporated requirements that preserved additional environmentally sensitive habitat areas, set development back from preserved areas, required substantial restoration and enhancement of degraded open space, reduced the number of residential lots from 424 to 313, and approved 141,500 square feet of commercial space within the Coastal Zone; and WHEREAS, on September 16, 2003, the City Council approved an Amendment to TTM 8817 to reconcile differences between the CCC approval and the City’s prior approval; and
WHEREAS, on July 20, 2004, the City Council adopted Resolution 04-61, which certified Addendum No. 5 to the MCSP Final Environmental Impact Report (FEIR) and approved an amendment to commercial Site Plan Permit 99-16, to include the addition of a hotel and conference center; and
WHEREAS, the City approved a substantial conformance plan set in January of 2019 (B19-099) for a four-story hotel and conference center comprising 133,515 square feet with 130 guest rooms, a conference center, lobby restaurant, and outdoor pool, with a total parking demand of 309 spaces; and
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WHEREAS, on June 25, 2025, the City Council adopted Resolution 25-085, which, among other things, directed staff to initiate an amendment to the MCSP and carry out required environmental review to establish additional height allowances for the hotel building on the Outlets property consistent with height allowances for other landmark structures, including the theater building; and
WHEREAS, the Design Review Subcommittee reviewed the 2004 project between November 24, 2003, and June 7, 2004; and subsequently reviewed the amended project proposal on June 10, 2020; and
WHEREAS, on September 16, 2025, the City Council introduced Ordinance No. 1795 (Ordinance) to certify Addendum No. 6 to the Marblehead Coastal Specific Plan Final EIR (SCH No. 1995091037) and to amend Section 502 (V)(D) within the Marblehead Coastal Specific Plan (MCSP) to effectuate the Project and the City Council’s directives on the same; and
WHEREAS, also on September 16, 2025, the City Council of the City of San Clemente held a duly noticed public hearing and adopted Resolution 25-137 to approve Public Hearing Project (PHP) 25-343 to amend Commercial Site Plan Permit (SPP) 99- 16 and Conditional Use Permit (CUP) 99-17 to modify the previously approved height of the hotel, from 45 feet up to 62 feet, at 401 W. Ave Vista Hermosa to incorporate a roof top restaurant with outdoor dining; and
WHEREAS, on October 21, 2025, the City Council considered referring the item to the Design Review Subcommittee for the purpose of advising the applicant on design recommendations to improve compliance with the objective lighting and noise standards of the San Clemente Municipal Code through their development of construction plans, consistent with SCMC Section 17.24.130 and Chapter 8.48.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. 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. The City Council hereby refers the project to the DRSC for review and recommendations on improving and ensuring compliance with SCMC Section 17.24.130 and Chapter 8.48.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______. 975
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ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-158 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
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: 10F.
Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
DISCUSSION ABOUT AND POTENTIAL MODIFICATION OF CITY COUNCIL POLICY 1201- 11, SPECIFICALLY SECTIONS 4.5.4 AND 4.5.6 RELATING TO PLACEMENT OF ITEMS ON
THE CITY COUNCIL MEETING AGENDA BY MEMBERS OF THE CITY COUNCIL AND RECONSIDERATION OF PREVIOUS ACTIONS OF THE CITY COUNCIL – UPDATED AND MODIFIED CONSISTENT WITH CITY COUNCIL DIRECTION ON OCTOBER 7, 2025 ..body Fiscal Impact:
There are no direct fiscal impacts associated with this action.
Summary:
The preparation of an agenda for the meetings of the City Council is more than just a mechanism to maintain order and decorum in the meeting, it is a fundamental requirement of the Ralph M.
Brown Act (Brown Act). The City Council can only act on items that have been properly noticed and placed on the meeting agenda (with very limited exceptions). This ensures that members of the public are aware of actions being considered by the City Council and have the opportunity to participate in the proceedings.
An important element of creating the agenda for each meeting of the City Council is the method by which items can be placed on the agenda. At the current time, the City Manager is tasked with placing all items on the agenda from an operational standpoint. In accordance with City Council Policy 1201-11, Section 4.5.4, Councilmembers are allowed to place items on the agenda with the support of other members of the City Council. If at least one additional Councilmember supports the verbal request of a Councilmember to place an item on the agenda, the item will appear on the appropriate agenda. If a staff report is desired, at least three members of the City Council must concur with the request.
By nature, members of the City Council are inquisitive about the proposed item before agreeing to support placement on the agenda. On occasion, discussion regarding the proposed item is desired but there has not been public notice or participation. In order to ensure transparency and adherence with the provisions of the Brown Act, staff was asked to review practices from other municipalities and propose a method of placing items on the agenda that would avoid discussion of items not on the agenda, yet give the members of the City Council the ability to discuss the item prior to placement on a future agenda.
On October 7, 2025, the City Council discussed the process of placing items on the City Council agenda and wanted to ensure that the ability of a minority (2 members) of the City Council could place an item on the agenda, at least for further discussion. Staff was directed to provide updated 977
Meeting Date: October 21, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 2
options for consideration by the City Council to make sure that element of the agenda setting process is preserved.
Another item included in this report for clarification is an update of City Council Policy 1201-11, Section 4.5.6 related to reconsideration of previous actions of the City Council.
Background:
Staff conducted research and concluded there are a variety of methods used to place items on the City Council agenda. With the goals of transparency and adherence with the Brown Act in mind, staff has identified a method that will allow each member of the City Council to have potential agenda items considered and for the members of the City Council to have a short discussion, strictly to explain the intent of the item, prior to placement on a future agenda. Of course, the City Council may modify or reject the proposal of staff as it is intended to provide a framework for discussion by the City Council and this is a matter within the City Council’s discretion.
Staff proposes any member of the City Council may request placement of one or more items on a future City Council agenda by submitting a short description of the topic to the City Manager prior to the normal close of business one week prior to the meeting. Upon receipt of a request, the City Manager will determine if the request can be addressed administratively by staff, if the item needs to be heard in Closed Session, or if direction from the City Council is necessary. If direction of the City Council is necessary, the City Manager may consult with the City Attorney to ensure all provisions of the Brown Act are satisfied. If the Councilmember request includes the need for a staff report, the item shall be primarily associated with issues that directly impact the finances, property, authority, policies, or interest of the City of San Clemente or its residents.
If the item cannot be addressed administratively, the City Manager will place the item on the Consent Agenda of the next meeting of the City Council under the heading: “City Councilmember Requests for Future Items.” Requests received after the deadline will be placed on the next available Consent Agenda. The Consent Agenda item will include the request of the Councilmember, whether a staff report is necessary, the anticipated amount of time necessary to properly prepare the item for consideration by the City Council, and any other relevant details that can be shared in a brief manner.
If the Consent Agenda item passes without further discussion by the City Council, the item will be placed on an appropriate future agenda and a staff report will be included if identified in the request. If the item is removed from the Consent Agenda and supported by two members of the City Council, the item will be placed on a future agenda for discussion. If the item is supported by a majority of the City Council, a staff report will be prepared for the item, which will be placed on an appropriate future agenda of the City Council. Items that do not receive support from at least two members of the City Council will not be placed on a future agenda of the City Council. If the City Council does not desire to have a written staff report prepared, a report will not be prepared although the item may still be placed on a future agenda for consideration. 978
Meeting Date: October 21, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 3
The benefits of this proposed process are primarily compliance with the Brown Act and improving transparency and public participation. However, additional key benefits include: 1) if the item is removed from the Consent Agenda for discussion, the members of the City Council can engage in a short discussion about the merits of placing the item on a future agenda (these discussions should be brief and focus on whether additional consideration is warranted, not the potential outcomes of City Council action) and, 2) the City Manager can provide realistic timeframes for preparing the item for consideration.
One item that is not included in the proposed process for placement of items on the agenda by members of the City Council is the placement of Special Presentations on the agenda. This has traditionally been the privilege of the Mayor and typically does not require action by the City Council. If an item of recognition is desired by a member of the City Council, that does not require action by the City Council, the member should contact the Mayor directly and request the placement of a Special Presentation on the agenda. If the Mayor refuses the request, the member of the City Council may incorporate the new procedure for placing an item on the agenda to determine if the City Council is in support of the item.
Of note, a separate clarification item is also being proposed by staff. Section 4.5.6 of City Council Policy 1201-11 addresses the process for reconsideration of a previous action taken by the City Council. Staff is recommending the addition of language that a motion to reconsider a previous action of the City Council must be made prior to the approval of the meeting minutes for which the action was taken.
Council Options:
The proposed modifications to City Council Policy 1201-11 were prepared to provide information for discussion by the City Council, and potential modification of the City Council Policy. Therefore, it is critical to note that any provision of the proposal is open to amendment by the City Council.
Therefore, the potential options of the City Council include:
Approval of the proposed modifications to City Council Policy 1201-11. Amendment and approval of the proposed modifications of City Council Policy 1201-11. Continuation of the item with direction to staff to conduct additional review of the item and present additional information to the City Council for consideration. Denial of all modifications to City Council Policy 1201-11 with direction to continue to place items on the agenda and reconsider previous actions of the City Council utilizing the current processes.
Environmental Review/Analysis:
This action is not a project as defined in the California Environmental Quality Act (CEQA). 979
Meeting Date: October 21, 2025 Agenda Item: 10F.
CITY OF SAN CLEMENTE 4
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends modification to City Council Policy 1201-11 regarding placement of items on the City Council agenda to avoid discussion of items that are not on the current agenda and to allow members of the City Council to have a short discussion about future agenda items before they are placed on the agenda, and clarification of the process to reconsider previous actions of the City Council.
..end
Attachment:
1. City Council Policy 1201-11 with proposed mark-ups, including City Council direction provided on October 7, 2025
Notification:
None.
980
Attachment 1
POLICY AND PROCEDURE
Subject: City Council Meeting
and Operating
Procedures
(Parliamentary Procedures,
Due Process, Mayor/Mayor
Pro Tempore, Council
Correspondence, Meetings,
Agendas, and Minutes)
Index: City Council
Number: 1201-11
Effective
Date:
October 21, 2025(supersedes
March 19, 2024)
Prepared City Clerk
By:
Supersedes: Policy and Procedures 1201-
1 (Mayor and Mayor Pro
Tempore); 1201-2 (Meetings
of the City Council); 1201-3
(Order of Business and
Preparation of Minutes);
1201-4 (Council
Approved
By:
City Council
Correspondence and
Agenda); 1201-5 (Rules of
Debate, Decorum, Voting
Requirements & Procedures);
1202-2 Management/
Streamlining of City Council
Meetings); and 1201-11 (City
Council Meeting and
Operating Procedures)
1.0 PURPOSE:
To establish policies for City Council meetings and operations, including parliamentary procedures, due process, election/roles of Mayor and Mayor Pro Tern, agendas, and the preparation of minutes.
2.0 ORGANIZAT/ONS AFFECTED:
City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall a/so apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore shall be interpreted to mean "Vice Chair': the term "Manager" shall be interpreted to mean "Director", and the 981
term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.
3.0 REFERENCES:
The Ralph M. Brown Act, GC Section 54950, et seq.
4.0 POLICY:
4.1 Parliamentary Procedures and Due Process
4.1.1 The proceedings of the City Council shall be guided under the latest revised edition of "Rosenberg's Rules of Order," on all matters pertaining to parliamentary procedure, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. In the event of a discrepancy between Rosenberg's Rules of Order and this Policy and Procedure, this Policy and Procedure shall prevail.
4.1.2 The Mayor, with assistance from the City Attorney, is designated as the parliamentarian for City Council meetings. The City Clerk shall assist in the City Attorney's absence. Any member of the City Council or the public (pursuant to process below) may raise a point of order and/or seek the City Attorney's input on parliamentary issues, which shall then be considered by the Mayor. The City Council may override any parliamentary decision of the Mayor with a majority vote. The Mayor may interpret and apply but not amend these policies.
Points of order may be raised at any time by City Councilmembers.
Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section
4.4.6. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.
Members of the public wishing to raise points of order after their opportunity to speak may submit those points of order in writing prior to the adjournment of the meeting. Items so submitted shall be presented for consideration by the City Council in connection with its approval of the minutes of that meeting pursuant to Section
4.6 hereof. At that time the Mayor and City Council will review and decide the point of order raised and determine whether it warrants scheduling and noticing of that item for reconsideration. 982
4.1.3 It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.
4.1.4 Ex parte communications are communications received outside of Council meetings or hearings. When the Council acts in a legislative role (for example, to adopt general plan or zoning amendments or to adopt ordinances), Councilmembers are permitted to draw upon nearly all observations and considerations they receive inside and outside the Council meeting. On the other hand, when acting in a quasi-adjudicatory role (hearing permits, revocations, and similar non-legislative decisions), the Council, as fact-finder, should limit its consideration of facts to those presented at the hearing, where all sides have the opportunity to hear and rebut testimony given by all participants. To this end, Councilmembers should avoid receiving or gathering information that might otherwise influence its consideration of the written record and any other testimony it hears through the formal hearing process, or at least disclose their receipt of that information.
4.2 Election of Mayor and Mayor Pro Tempore and Roles of Those Offices
4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The new Mayor and Mayor Pro Tempore shall assume office immediately. (Note: Commissions and Committees shall elect from its members a Chairperson and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members assume office.) The process for electing Mayor and Mayor Pro Tempore and for electing Commission and Committee Chairs and Vice-Chairs shall be as follows:
4.2.1.1 The nomination/election of the Mayor or Chair is conducted by the City Clerk or staff. Once the new Mayor or Chair is elected, that member of the Council or body immediately presides and conducts the vote on Mayor Pro Tempore or Vice-Chair.
4.2.1.2 The method of nomination in this respect is an "open nomination" solely by and from within the membership of the presently-seated City Council or City body. Nomination cannot be accepted from members of the public.
4.2.1.3 No "second" is required for nomination, although sometimes one or more members will "second" a nomination to indicate endorsement. 983
4.2.1.4 In no event may any one member nominate more persons than there are offices to fill in the respective selection.
4.2.1.5 When it appears that no one else wishes to make a nomination, the chair of the meeting asks one (1) final time if there are additional nominations. If there is a no response, the chair then declares..."the nomination for Mayor or Mayor Pro Tempore, Chair or Vice-Chair as applicable is closed."
4.2.1.6 It is unnecessary to have a motion to officially close the nomination; yet, if such a motion is made, that motion then requires an affirmative 213rd vote of the members present [4 or 5]. After nominations are closed, a majority vote is required to re-open it.
4.2.1.7 Nominees are voted on in the order in which they are nominated.
As soon as one of the nominees receives a majority vote of those members present in the voting, the Mayor or Chair then declares that person elected to that respective office, and no vote is taken on the remaining nominee(s).
4.2.1.8 Rounds of voting shall continue in succession until one nominee is elected.
4.2.2 The Mayor and Mayor Pro Tempore shall serve a one-year term at the pleasure of the Council majority.
4.2.3 The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority of the City Council.
4.2.4 The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council, including joint meetings with commissions and committees and closed sessions.
4.2.5 The Mayor shall execute all official City documents, warrants and correspondence approved by the City Council.
4.2.6 The Mayor is authorized to issue proclamations, commendations and certificates of recognition, which may be presented at Council meetings under Special Presentations. The total time allotted to Special Presentations should, if possible, be limited to 15 minutes per meeting. (This section does not apply to Commissions or Committees.)
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4.2.7 Nothing in this section is intended to suggest that the office of Mayor possesses formal powers or authority in excess of other members of the City Council; rather, the person serving as Mayor is to be recognized as the chairperson of the Council.
4.2.8 The Mayor Pro Tempore shall serve and perform the functions of the Mayor in the absence of the Mayor. If both the Mayor and Mayor Pro Tempore are absent from a City Council meeting, the Council members present shall select a Councilmember from those members present to perform the functions of Mayor at that particular meeting.
4.3 City Council Correspondence
4.3.1 The City Manager, or his/her designee, is authorized to open and examine all mail or other written communications addressed to the City Council as a body, but shall not open correspondence addressed to an individual Councilmember without their express authorization.
4.3.2 The City Manager may take action, or direct that action be taken, on issues or requests that do not require Council action. The City Manager shall inform Council when actions are taken on matters of significance or that are likely to be of interest to the City Council.
4.4 City Council Meetings
4.4.1 The date, time and location of Regular Meetings of the City Council shall be established by resolution. At 11:00 p.m. at each meeting, the City Council, by majority vote, will determine whether to continue the meeting or adjourn.
4.4.2 At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business. In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.
4.4.3 The City Clerk, or Mayor, shall announce an agenda item before discussion on that item commences.
4.4.4 Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After being called upon by the Mayor, the speaker may proceed to the podium. The speaker may 985
state for the record his/her name and city of residence, but shall not be required to do so.
Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council's request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to speakers on agenda items.
Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begins its deliberations.
Speaker cards will not be accepted once deliberations have commenced.
Speakers on non-agenda items may speak for three (3) minutes during the oral communications - public forum portion of the meeting.
At the beginning of the Consent Calendar, the City Clerk will notify the Mayor or meeting Chair of any public comments related to the Consent Calendar. Speakers will be allotted 3 minutes to speak on the Consent Calendar in its entirety. After public comments, if any, are heard, the City Council will vote on the Consent Calendar as one agenda item.
The time that a speaker devotes to responding to Council inquiries shall not be deducted from their allotted speaker time.
4.4.5 Members of the public may not assign their speaker time to another person.
4.4.6 The purpose of addressing the City Council is to communicate formally with the City Council regarding matters that relate to City Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the City Council. Speakers may be asked to clarify how their comments relate to the matter at hand. Speakers may address the entire Council or individual Councilmembers, and, if allowed by the Mayor or chair, City staff.
4.4.7 Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council's subject matter jurisdiction, (iii) explain how his or her speech relates to the City's subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, 986
with additional time allotted for the time taken to determine the question of order.
4.4.8 In order to avoid repetitious presentations, whenever any group of persons wishes to address the Council with the same message, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to represent the group's position. Speakers shall not, however, be required to abide by such a request.
4.4.9 To expedite Council meetings, Councilmembers are encouraged to contact Staff prior to Council meetings to obtain answers to questions and to obtain clarifications as needed.
4.4.10Staff shall compose Administrative Reports in a clear and concise manner. Staff shall strive to write reports in a manner that can be easily understood by persons that do not have training in the report's subject matter.
4.4.11Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report.
However, Staff engaged in such communications shall not use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.
4.4.12 Members of the public shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting is subject to removal from the meeting.
Prior to removing anyone from a City meeting, the Mayor (or other designated chair) shall: (i) notify the person that he/she is in violation of this Section 4.4.12, (ii) specify the specific behavior giving rise to that conclusion; (iii) explain all grounds for the belief that the person's conduct is in violation of law/policy and why such conduct subjects the person to expulsion; and (iv) notify the person that if the conduct continues he/she will be removed. The person receiving such notification shall be asked if he/she understands the conclusion but shall not be required to accept it.
Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor (or other designated chair) and the public if the City Attorney believes that the Mayor's action is in violation of applicable law. 987
4.4.13 Motions must be seconded in order to proceed to a vote.
4.5 City Council Agendas
4.5.1 With the exception of items added to a City Council agenda pursuant to Section 4.5.4 of this Policy, the City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas.
4.5.2 The standard template for City Council agendas shall be established by Council by majority vote. The City Manager shall have the authority to reorganize the template on a case-by-case basis if he/she believes that a variation in the normal order of business is appropriate.
4.5.3 Councilmembers may agendize items to enable them to "report out" on matters relating to their own activities, including activities pertinent to their Council-appointed positions on regional commissions, committees and boards, provided the report is informational only. If Council action is being sought, the process defined in Section 4.5.4 of this Policy shall be followed.
4.5.4 Two members of the City Council may propose at a Council meeting that an item be agendized for future Council discussion, consideration, and/or action. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on an agenda under the New Business portion of the agenda and the names of the Councilmembers who agendized the item shall be included with the item description. Staff Reports will only be prepared if a minimum of three members of the City Council vote affirmatively at a Council meeting to direct Staff to prepare a report.
Any member of the City Council may request placement of one or more items on a future City Council meeting agenda by submitting a short description of the topic to the City Manager prior to the normal close of business one week prior to the meeting.
Upon receipt of a request, the City Manager will determine if the request can be addressed administratively by staff, if the item needs to be heard in Closed Session, or if direction from the City Council is necessary. If direction of the City Council is necessary, the City Manager may consult with the City Attorney to ensure all provisions of the Brown Act are satisfied. If the Councilmember request includes the need for a staff report, the item shall be primarily associated with issues that directly impact the finances, property, authority, policies, or interest of the City of San Clemente or its residents.
If the item cannot be addressed administratively, the City Manager will place the item on the Consent Agenda of the next meeting of the City Council under the heading: “City Councilmember Requests for Future 988
Items.” Requests received after the deadline will be placed on the next available Consent Agenda. The Consent Agenda item will include the request of the Councilmember, whether a staff report is necessary, the anticipated amount of time necessary to properly prepare the item for consideration by the City Council, and any other relevant details that can be shared in a brief manner.
If the Consent Agenda item passes without further discussion by the City Council, the item will be placed on an appropriate future agenda and a staff report will be included if identified in the request. If the item is removed from the Consent Agenda and supported by two members of the City Council, the item will be placed on a future agenda for discussion.
If the item is supported by a majority of the City Council, a staff report will be prepared for the item, which will be placed on an appropriate future agenda of the City Council. Items that do not receive support from at least two members of the City Council will not be placed on a future agenda. If the City Council does not desire to have a written staff report prepared, a report will not be prepared although the item may still be placed on a future agenda for consideration.
4.5.4.1 Placement of Special Presentations on the agenda shall be the privilege of the Mayor and does not require action by the City Council. If an item of recognition is desired by a member of the City Council, that does not require additional action by the City Council, the member should contact the Mayor directly and request the placement of a Special Presentation on the agenda.
If the Mayor refuses the request, the member of the City Council may incorporate the procedure of this section to place an item of recognition on the agenda.
4.5.5 Notwithstanding Sections 4.5.1 and 4.5.4 of this Policy, the process to review, appeal, or otherwise "call up" decisions by the Planning Commission or other subordinate City bodies shall be subject to the requirements of the San Clemente Municipal Code.
4.5.6 Notwithstanding Section 4.5.4, a proposal to reconsider any action taken by the City Council may be raised only at the same meeting or the next regularly scheduled meeting of the City Council after the action is taken and may be raised only by one of the
Councilmembers who voted with the prevailing side. Additionally, the motion to reconsider must be made prior to approval of the meeting minutes for which the action was takenmay only be made by one of the Councilmembers who voted with the prevailing side.
4.5.7 The City Clerk shall be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website. Regular and Adjourned Regular Meeting agendas shall be posted within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State 989
law.
4.5.8 Consent Calendar items shall be comprised of items that are expected to be noncontroversial. Unless an item is removed from the Consent Calendar by a member of the Council or staff, for separate discussion and action, the Consent Calendar may be acted upon by one motion as one item.
4.5.9 The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional. The reading of Ordinance titles shall not be waived.
4.5.10 Members of the public may address Council concerning matters within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, during the Oral Communications portion of the agenda. Speakers may address Council once during either Oral Communications Part 1 or Part 2. Speakers shall be allotted 3 minutes in which to give his or her presentation.
4.6 City Council Minutes
4.6.1 The City Clerk shall have exclusive responsibility for the preparation of the minutes.
4.6.2 The minutes of City Council meetings shall be submitted to Council for approval/modification at a City Council meeting. Any direction for modifications to the City Council minutes shall only be made upon a majority vote of the City Council.
4.6.3 Minutes shall be prepared in brief concise form, in what are commonly referred to as "action minutes". Action minutes memorialize what was done at a meeting, as opposed to what was said at a meeting. An exception to this guideline is that a brief summarization of comments provided to Council by the public are to be included in the minutes. Additionally, the identity of Councilmembers who make motions, second motions, and cast votes on motions are to be included in the minutes.
4.6.4 Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be 990
approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof.
4.6.5 The approved minutes shall be executed by the Mayor and City Clerk upon approval by the City Council and shall constitute the official record of the City Council meeting.
4.6.6 The City Clerk shall enter the original executed minutes into the official records of the City as a permanent document.
4.7 Closed Sessions
4.7.1 The City Council may hold closed sessions during duly-noticed Council meetings on issues authorized by State law.
4.7.2 A City Commission or Committee may hold closed sessions during duly-noticed meetings of its body on issues authorized by State law, the City Council, and the City Attorney.
4.7.3 No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes such disclosure.
4.7.4 Closed sessions shall be limited to members of the City Council, City Manager, City Attorney and/or City legal counsel, as well as staff members and experts designated by the City Manager or City Attorney to attend portions of Closed Sessions relating to specific issues, as permitted by law.
4.7.5 To the extent possible, the public will be notified prior to the time that the City Council recesses to closed session as to whether or not a public announcement of action is anticipated following the Closed Session.
4.7.6 Where potential plaintiffs and defendants have manifested or communicated their awareness of facts and circumstances and a legal theory connecting those facts and circumstances to potential litigation involving the City, those facts and circumstances, together with (i) the identity of potential parties or (ii) related documentation, shall be disclosed prior to a closed session to discuss anticipated litigation, in accordance with GC 54956.9.
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4.8 Assignment of a City Councilmember as a Liaison to Each City Commission or Committee
4.8.1 The City Council Liaison shall meet with the Chair and support staff of the assigned Commission or Committee to review the proposed agenda to determine consistency with the adopted work plan.
4.8.2 Accept requests for City Council or staff support to accomplish tasks included in the adopted work plan.
4.8.3 Provide an oral report of the Commission or Committee activities to the City Council during the appropriate agenda item on a regular agenda of the City Council.
4.8.4 The City Councilmember liaison is not expected to attend the meetings of the Commission or Committee, but rather act as a resource and conduit for improved communication.
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 21, 2025 Agenda Item: (1)
993
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
CITY OF SAN CLEMENTE
Tuesday, October 7, 2025
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
A Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on October 7, 2025 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
CLOSED SESSION
Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 5-0, to recess to Closed Session at 4:31 p.m. to discuss the following:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9 (d)(1) Number of Cases: 1
Case name: Kristen Nelson et al vs GC-8 LLC, Coast Homeowners Association and City of San Clemente
Case number: 30-2023-01334251-CU-OR-CJC, Orange County Superior Court
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:
1. Real Property Negotiations: Potential lease of a portion of APN: 690-502- 16 Property: Reservoir 5 Site
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City Negotiators: Andy Hall, City Manager and Brian Brower, Assistant City Manager
Negotiating Parties: U.S. Customs and Border Patrol
Under Negotiation: Price and terms
2. Real Property Negotiations: APN: 678-16-01
Property: Northwest lot at Vista Hermosa Sports Park (known as the Meadows/Fields 7,8,9)
City Negotiators: Andy Hall, City Manager, Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Rhinos Rugby
Under Negotiations: Price and terms for potential Financial Contribution for Development and Use Agreement
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):
Litigation threatened as a result of the City Council’s actions in connection with amending the Marblehead Coastal Specific Plan and approving modification of the Lodge project.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 5:37 p.m.
BUSINESS MEETING
The Regular Business Meeting reconvened at 5:39 p.m. with all City Councilmembers present.
INVOCATION
Mayor Knoblock gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Loeffler led the Pledge of Allegiance.
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1. Special Presentations
A. Presentation of Commendation - Chris Murray and Amber Anaya, in Recognition of their Lifesaving Efforts During a Medical Emergency at San Clemente High School
The Mayor and City Council presented commendations to Chris Murray and Amber Anaya in recognition of their lifesaving efforts at San Clemente High School.
Battalion Chief Perez, Orange County Fire Authority, recognized Chris Murray and Amber Anaya for their lifesaving efforts.
The City Council recognized Emergency Medical Technicians Ryan Malloy and Michael Gallardo with Falck Ambulance who responded to the emergency.
B. Fire Mitigation Program Activities
Community Development Director Atamian and Nick Pivaroff, Assistant Fire Marshal with Orange County Fire Authority, narrated a PowerPoint presentation entitled "Fire Mitigation Program" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.
2. Council Member Reports
Councilmember Wu:
· Attended the Constitution Day Celebration at Mission San Juan Capistrano, presented by the San Clemente Island Chapter of Daughters of the American Revolution on September 17, 2025.
· Attended the San Clemente Historical Home Tour organized by the San Clemente Historical Society on September 20, 2025.
· Attended the San Clemente High School’s Homecoming Parade on September 26, 2025.
· Attended the American Planning Association California Chapter’s Annual Conference on September 29 through October 1, 2025.
· Met with South Coast Water District concerning the proposed Doheny Desalination Plant on October 2, 2025.
Councilmember Loeffler:
· Recognized Public Works Director/City Engineer Rebensdorf and City staff for their quick response to utility and road issues.
· Attended the Retired Senior Volunteer Program (RSVP) Badge Pinning Ceremony on September 17, 2025.
· Attended the San Clemente Chamber of Commerce Board Meeting on September 22, 2025.
· Attended the Pier Pride meeting on September 23, 2025. · Attended a meeting with Public Works on September 23, 2025. · Attended a meeting with Beaches, Parks and Recreation on September 23,
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2025.
· Attended the Design Review Subcommittee meeting on September 24, 2025. · Attended a briefing with the City Manager on September 24, 2025. · Attended the ribbon cutting for “The Seville” on September 26, 2025. · Participated in float and parade preparation for the San Clemente High School Homecoming Parade on September 26, 2025.
· Met with Sea Summit residents concerning a Public Works issue on September 29, 2025.
· Met with Assemblywoman Davies on October 2, 2025.
· Attended a briefing with the City Manager, City Attorney and Assistant City Manager on October 6, 2025.
· Met with residents addressing various issues within the City. · Recognized Orange County Sheriff’s Department for being fully staffed with deputies in the City of San Clemente.
· Announced that the Friends of San Clemente Foundation is holding its annual Carnival fundraiser October 9 - 12, 2025 at Vista Hermosa Sports Park; announced the Foundation donated $15,000 to the City.
Councilmember Cabral:
· Attended the Retired Senior Volunteer Program (RSVP) Badge Pinning Ceremony on September 17, 2025.
· Attended the Constitution Day Celebration at Mission San Juan Capistrano, presented by the San Clemente Island Chapter of Daughters of the American Revolution on September 17, 2025.
· Attended the San Clemente Open Skate Contest at Ralphs Skate Court on September 20, 2025.
· Attended a conference in New York and met with federal administrators and corporation representatives.
· Attended an Orange County Transportation Authority (OCTA) update meeting.
· Attended a meeting at Bella Collina concerning an upcoming project. · Attended the Epcot Times conference concerning political interference. · Attended the Orange County Fire Authority Board meeting. · Attended the San Clemente High School Homecoming Parade on September 26, 2025.
· Hosted a dinner meeting with Orange County politicians on September 26, 2025.
· Attended a reception for students participating in a mentoring program. · Invited by the White House to attend the Religious Liberties Commission Meeting on October 6, 2025.
· Invited to attend the Hispanic Heritage Month Celebration at the White House (cancelled due to government shut down).
· Reported that meetings scheduled with federal administrators have been cancelled due to the government shut down.
· Attended the San Onofre Nuclear Generating Station Community
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Engagement Panel meeting.
· Hosted a dinner for the Ambassador of Mexico in celebration of Hispanic Heritage Month.
· Announced the upcoming Restaurant Week October 10-19, 2025. · Announced the upcoming San Onofre Nuclear Generating Station Community Engagement Panel meeting on October 16, 2025 at the San Clemente Casino to address community concerns regarding the storage of nuclear material.
Mayor Pro Tem Enmeier:
· Sent well wishes to those that celebrate Yom Kippur and Rosh Hashanah. · Attended a meeting with the Coastal Cities Group on September 18, 2025. · Met with South Coast Water District concerning the Doheny Desalination project.
· Attended the San Clemente High School’s Homecoming Parade on September 26, 2025.
Mayor Knoblock:
· Attended an Orange County Mosquito and Vector Control Board Meeting on September 18, 2025.
· Attended a 103rd birthday celebration for Jessie Strike-McClelland on September 23, 2025.
· Met with White House Intergovernmental Affairs concerning placement of Customs and Border Protection surveillance cameras within the City. · Attended the City of San Clemente Intro to City Finance: Revenue on September 25, 2025.
· Announced that members of the City Council will be attending the Cal Cities Conference October 8-10, 2025 in Long Beach.
3. Oral Communications (Part 1)
Lois McNicoll commented on community efforts by San Juan Capistrano and Laguna Niguel residents concerning a proposed battery storage facility; expressed concerns regarding the beach trail closure due to work being performed by the Orange County Transportation Authority.
Amedé Hanson, Marine Corps League - South Coast Detachment 022, spoke on local community partnerships, presented the City Council with challenge coins.
Amanda Quintanilla narrated a PowerPoint presentation entitled "Oral Comm".
A hard copy of the presentation is on file with the City Clerk.
Mike Kay, expressed concerns regarding Councilmember Wu's alleged actions during the 2024 election season and alleged communications with developers; urged the City Council to take action to investigate Councilmember Wu.
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4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
5. Consideration of agendizing items requiring immediate action None.
6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:
No reportable action concerning:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9 (d)(1) Number of Cases: 1
Case name: Kristen Nelson et al vs GC-8 LLC, Coast Homeowners Association and City of San Clemente
Case number: 30-2023-01334251-CU-OR-CJC, Orange County Superior Court Direction given, no reportable action concerning:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:
1. Real Property Negotiations: Potential lease of a portion of APN: 690-502-16 Property: Reservoir 5 Site
City Negotiators: Andy Hall, City Manager and Brian Brower, Assistant City Manager
Negotiating Parties: U.S. Customs and Border Patrol
Under Negotiation: Price and terms
2. Real Property Negotiations: APN: 678-16-01
Property: Northwest lot at Vista Hermosa Sports Park (known as the Meadows/Fields 7,8,9)
City Negotiators: Andy Hall, City Manager, Samantha Wylie, Beaches, Parks and Recreation Director
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Negotiating Parties: Rhinos Rugby
Under Negotiations: Price and terms for potential Financial Contribution for Development and Use Agreement
No reportable action concerning:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):
Litigation threatened as a result of the City Council’s actions in connection with amending the Marblehead Coastal Specific Plan and approving modification of the Lodge project.
7. Staff Communications
City Manager Hall requested that Item 11H - CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 20214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION be continued.
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to continue Item 11H -CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 20214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
8. Public Hearings
8A. PUBLIC HEARING - CONSIDERATION OF A RESOLUTION APPROVING THE 2024-2025 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION
REPORT (CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
Mayor Knoblock opened the Public Hearing.
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.
Amanda Quintanilla spoke in support of utilizing Community Development Block Grant funds to restore the historical fountains at Max Berg Plaza Park.
There being no others desiring to speak, Mayor Knoblock closed the Public
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Hearing.
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 25-146 entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING AND ADOPTING THE FISCAL YEAR 2024-2025
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR SUBMITTAL TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
8B. PUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-147
ADOPTING A REVISED FEE SCHEDULE FOR ELECTRIC VEHICLE
CHARGING STATIONS AND REPEALING RESOLUTION NO. 19-30
Mayor Knoblock opened the Public Hearing.
Assistant City Manager Brower reviewed the Administrative Report and responded to City Council inquiries.
Roy Howland commented on the availability of electric vehicle charging stations within San Clemente; urged the City Council to expand availability of City owned electric vehicle charging stations throughout the City.
David Hatoff commented on the cost of electric vehicle charging.
There being no others desiring to speak, Mayor Knoblock closed the Public Hearing.
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:
1. Adopt Resolution No. 25-147 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED FEE SCHEDULE FOR VEHICLE CHARGING STATIONS.
2. Direct staff to return to the City Council next year with a five-year proposal of fees to allow staff to adjust the fees based on actual costs.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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8C. PUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-148, ADOPTING POLICY AND PROCEDURE NO. 702-9 ENTITLED
“COMPETITIVE YOUTH AQUATIC PARTNERSHIP POLICY” AND FEES SET FORTH THEREIN; AND CONSIDERATION OF RESOLUTION NO. 25-149, AMENDING RESOLUTION NO. 23-72 TO MODIFY APPLICABLE DISCOUNTS
WITHIN AND ADD AN ANNUAL PLAYER FEE TO THE BEACHES, PARKS &
RECREATION DEPARTMENT FEE SCHEDULE
Mayor Knoblock opened the Public Hearing.
Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled "Public Hearing - Consideration of Aquatics Partnerships Policy No. 702-9" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.
There being no one desiring to speak, Mayor Knoblock closed the Public Hearing.
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
1. Adopt Resolution No. 25-148 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING POLICY AND PROCEDURE NO. 702-9, COMPETITIVE YOUTH AQUATIC PARTNERSHIP POLICY AND FEES SET FORTH THEREIN.
2. Adopt Resolution No. 25-149, entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING RESOLUTION NO. 23-72 TO MODIFY APPLICABLE DISCOUNTS WITHIN
AND ADD AN ANNUAL PLAYER FEE TO THE BEACHES, PARKS &
RECREATION DEPARTMENT FEE SCHEDULE.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
8D. PUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-150,
ESTABLISHING FEES FOR PLAY UPON THE SAN CLEMENTE MUNICIPAL GOLF COURSE, REPEALING AND REPLACING RESOLUTION NO. 23-02 Mayor Knoblock opened the Public Hearing.
Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled "Public Hearing - Modifying Green Fees for Play at the San Clemente Municipal Golf Course" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.
There being no one desiring to speak, Mayor Knoblock closed the Public
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Hearing.
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to continue the Public Hearing to allow staff to evaluate resident booking fees and market rates for non-residents.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
9. Unfinished Business
None.
10. New Business
10A. CONSIDERATION OF MAKING PUBLIC RECORDS REQUESTS STATISTICS
AVAILABLE VIA THE CITY WEBSITE
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.
Amanda Quintanilla narrated a PowerPoint presentation entitled "Publishing Public Records Requests". A hard copy of the presentation is on file with the City Clerk.
Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to direct staff to add Public Records Requests to the City website via the JustFOIA search engine and include a monthly report of Public Records Requests to the City website beginning with August 2025.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10B. DISCUSSION ABOUT AND POTENTIAL MODIFICATION OF CITY COUNCIL POLICY 1201-11, SPECIFICALLY SECTIONS 4.5.4 AND 4.5.6 RELATING TO
PLACEMENT OF ITEMS ON THE CITY COUNCIL MEETING AGENDA BY
MEMBERS OF THE CITY COUNCIL AND RECONSIDERATION OF
PREVIOUS ACTIONS OF THE CITY COUNCIL
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries. City Manager Hall displayed a flowchart concerning a potential process for the City Council to agendize items. A hard copy of the flow chart is on file with the City Clerk.
Amanda Quintanilla spoke in support of allowing a minority of City Councilmembers to be able to agendize items.
Tony Rubolino spoke in support of allowing a minority of City Councilmembers to
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be able to agendize items.
Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 5-0, to continue this item with direction to staff to return to the City Council with a process to preserve the minority of City Councilmembers (2 members) to be able to agendize items.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
MEETING RECESSED
The City Council recessed the meeting at 7:52 p.m. and reconvened at 7:59 p.m. with all City Councilmembers present.
10C. RECONSIDERATION OF JOINING THE SOUTH ORANGE COUNTY BEACH
COALITION
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.
Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of the City joining the South Orange County Beach Coalition.
Supervisor Foley, Orange County Board of Supervisors, Fifth District, urged the City Council to remain being a member of the South Orange County Beach Coalition and responded to City Council inquiries.
Amanda Quintanilla spoke in support of the City joining the South Orange County Beach Coalition.
Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to join the South Orange County Beach Coalition.
Substitute motion by Councilmember Wu, second by Councilmember Cabral, CARRIED 5-0, to join the South Orange County Beach Coalition with the request that the City of San Clemente representative be selected as the Vice Chair of the South Orange County Beach Coalition and that the coalition invite State Assemblywoman Davies, Congressman Levin, Senator Strickland and Assemblywoman Dixon to be non-voting partners.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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10D. PROVISION OF CONTEXT AND DETAILS ASSOCIATED WITH AND DISCUSSION OF A VIOLATION OF THE RALPH M. BROWN ACT (BROWN
ACT) BY COUNCILMEMBER WU AND POTENTIAL WAIVER OF CLOSED
SESSION CONFIDENTIALITY TO AID SUCH DISCUSSION
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 4-0 (Councilmember Wu abstained) to waive confidentiality concerning direction provided by the City Council to staff regarding Closed Session negotiations regarding properties located near the eastern terminus of Avenida Pico.
AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: None
ABSTAIN: Wu
Lois McNicoll commented on the seriousness of the Brown Act violation by Councilmember Wu.
Amanda Quintanilla narrated a PowerPoint presentation entitled "Closed Session". A hard copy of the presentation is on file with the City Clerk.
Tony Rubolino commented on the sensitive nature of Closed Session deliberations; opined that the City Council should further investigate Councilmember Wu's violation.
Councilmember Wu pledged to abstain from all future Closed Session deliberations with the Transportation Corridor Agency (TCA) regarding properties near the eastern terminus of Avendia Pico.
10E. CONSIDERATION OF A RESOLUTION ESTABLISHING WATER RATE SETTING PROCEDURES UNDER PROPOSITION 218 AND GOVERNMENT CODE SECTIONS 53750 THROUGH 53759.2 AND 54354.5 FOR PROPERTY
OWNER OBJECTIONS TO PROPOSED WATER FEES
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 25-151 entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ESTABLISHING WATER RATE SETTING PROCEDURES UNDER
PROPOSITION 218 AND GOVERNMENT CODE 53750 THROUGH 53759.2 AND 54354.5 FOR PROPERTY OWNER OBJECTIONS TO PROPOSED
WATER FEES.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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11. Consent Calendar
The City Council removed Items 11A, 11D, 11E and 11F from the Consent Calendar for discussion. Item 11H was pulled from the agenda and continued to a future meeting.
B. Commission/Committee Minutes
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file:
(1) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING OF JULY 23, 2025. (2) PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 20, 2025.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 21, 2025.
(4) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF AUGUST 27, 2025.
(5) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF SEPTEMBER 4, 2025.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF SEPTEMBER 17, 2025.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WARRANT NOS.
607064 THROUGH 607193, PAID ON
9-12-25, IN THE AMOUNT OF $4,256,403.21
(2) APPROVE WIRE TRANSFER NOS.
3309 THROUGH 3315 AND WARRANT NOS.
607194 THROUGH 607308, PAID ON
9-19-25, IN THE AMOUNT OF $1,794,554.86
(3) APPROVE WARRANT NOS.
607309 THROUGH 607423, PAID ON
9-26-25, IN THE AMOUNT OF $1,059,558.21
TOTAL WARRANT REGISTER $7,110,516.28
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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City Council Regular Meeting Minutes October 7, 2025
Payroll Register
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
AUTOMATIC DEPOSIT ADVISES 106353
THROUGH 106688, FOR THE PERIOD
9-1-25 THROUGH 9-14-25, PAID
ON 9-19-25, IN THE AMOUNT OF $575,950.32
TOTAL PAYROLL REGISTER $575,950.32
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11G. NOTICE OF COMPLETION - FY 2025 MAJOR STREET MAINTENANCE, CIP PROJECT NO. 25303
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
Adopt Resolution No. 25-154, which will:
1. Accept the FY 2025 Major Street Maintenance, CIP Project No. 25303, from the contractor, Roy Allan Slurry Seal, Inc.
2. Authorize the City Clerk to execute and record the Notice of Completion for the FY 2025 Major Street Maintenance.
3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Roy Allan Slurry Seal, Inc.
4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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11H. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2025-109, 214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to continue this item, and take no action at this time. (This item was continued under Agenda Item 7 - Staff Communications, please reference page 7 of these minutes for a summary of action.)
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11I. CONSIDERATION OF NATIONAL OPIOID SETTLEMENT AGREEMENTS
WITH DEFENDANTS ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR,
MYLAN, SUN, AND ZYDUS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE FUTURE SIMILAR AGREEMENTS
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
Adopt Resolution No. 25-156, which will:
1. Approve the settlement agreements with Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus(City Contract C19-27).
2. Approve, and authorize the City Manager, or his designee, to opt into the settlement, execute any and all documents necessary to implement the action (including Attachments 3 and 4 of the Administrative Report dated October 7, 2025) and, when possible (i.e., after payment to special counsel) allocate the City's designated share of settlement funds to the County of Orange.
3. Approve, and authorize the City Manager, or his designee, to opt into future settlements on similar terms in this case, execute any documents necessary to implement the action and, when possible (i.e., after payment to special counsel) allocate the City's designated share of settlement funds to the County of Orange.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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11J. CONSIDERATION OF A RESOLUTION APPROVING AGREEMENTS FOR A
TEMPORARY RIGHT OF ENTRY, CONSTRUCTION, AND MAINTENANCE AGREEMENT FOR RESERVOIR NO. 5 SITE ACCESS AND RIGHT OF ENTRY
AND MAINTENANCE AGREEMENT FOR TREE MAINTENANCE WITH
RANCHO SAN CLEMENTE COMMUNITY ASSOCIATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS; AND FINDING THE
ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 25-157, which will approve, and authorize the City Manager to execute, Contract No. C25-50, a Temporary Right of Entry Agreement, and Contract No. C25-51, Tree Maintenance Agreement, by and between the City of San Clemente and the Rancho San Clemente Community Association, for a Temporary Right of Entry, Construction and Maintenance Agreement for Reservoir 5 and a Right of Entry and Maintenance Agreement for Tree Maintenance, and find the actions categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines Section 15301 (14 CCR Section 15301, Existing Facilities).
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
A. City Council Minutes
Beverly Weisen, San Clemente, urged the City Council to not approve Items 8A and 8B of the Regular Meeting Minutes for October 7, 2025.
Kathy Ward, San Clemente, urged the City Council to not approve Items 8A and 8B of the Regular Meeting Minutes for October 7, 2025.
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 5-0 to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 16, 2025.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
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11D. ADOPT ORDINANCE NO. 1795 (SECOND READING) - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 6 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO. 1995091037) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING ZONING AMENDMENT ZA25-362 TO AMEND
SECTION 502(V)(D) OF THE MARBLEHEAD COASTAL SPECIFIC PLAN TO
ALLOW A HOTEL WITH THE SAME HEIGHT EXCEPTION GRANTED TO THE THEATER, FOR A MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE PLATE LINE AND 62 FEET TO THE TOP OF THE ROOF OR HIGHEST
PROJECTION
The following individuals spoke in opposition to the adoption of Ordinance No. 1795:
David Monk, San Clemente
Amanda Quintanilla
Beverly Wiesen, San Clemente
Stan Wood, San Clemente
John Leon, San Clemente
Bart DeCoro, San Clemente
Catherine DeCoro, San Clemente
Kathy Ward, San Clemente
Crystal Stoey
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, to adopt Ordinance No. 1795 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 6 TO
THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO. 1995091037) PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING ZONING AMENDMENT ZA25-362 TO AMEND SECTION 502(V)(D) OF THE
MARBLEHEAD COASTAL SPECIFIC PLAN TO ALLOW A HOTEL WITH THE
SAME HEIGHT EXCEPTION GRANTED TO THE THEATER, FOR A MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE PLATE LINE AND 62 FEET TO THE TOP OF THE ROOF OR HIGHEST PROJECTION.
Substitute motion by Councilmember Wu, DIED FOR A LACK OF SECOND, to continue this item to the November 4, 2025 Regular City Council meeting to provide staff and the City Attorney additional time to review the threat of litigation.
The original motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, was considered and CARRIED 4-1(Councilmember Wu voting NOE), to adopt Ordinance No. 1795 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 6 TO
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THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO. 1995091037) PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING ZONING AMENDMENT ZA25-362 TO AMEND SECTION 502(V)(D) OF THE
MARBLEHEAD COASTAL SPECIFIC PLAN TO ALLOW A HOTEL WITH THE
SAME HEIGHT EXCEPTION GRANTED TO THE THEATER, FOR A MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE PLATE LINE AND 62 FEET TO THE TOP OF THE ROOF OR HIGHEST PROJECTION.
AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: Wu
11E. CONSIDERATION OF RESOLUTION NO. 25-152, APPROVING THE BEACHES, PARKS AND RECREATION COMMISSION FY 2025-26 WORK
PLAN AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT RELATED THERETO
Amanda Quintanilla commented on the proposed Beaches, Parks and Recreation Commission work plan.
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
Adopt Resolution No. 25-152, which will:
1. Make findings under the California Environmental Quality Act as to the items on the work plan.
2. Approve the Beaches, Parks & Recreation Commission 2025-26 Work Plan.
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11F. CONSIDERATION OF RESOLUTION NO. 25-153, APPROVING THE GOLF COURSE COMMITTEE FY 2025-26 WORK PLAN AND MAKING FINDINGS
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to adopt Resolution No. 25-153, amending the Golf Course Committee Work Plan to include:
1. Golf Course Master Plan update.
2. Revision of course score cards.
3. Review the annual tournament calendar for 2026