ORDINANCE NO. 1798
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING PUBLIC HEARING PROJECT 25-395, ZONING AMENDMENT 25- 396 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE, AMENDING SECTION 17.56.100, EMERGENCY SHELTER OVERLAY DISTRICT, TO UPDATE THE DEVELOPMENT STANDARDS AND OPERATIONAL AND MANAGEMENT STANDARDS WITHIN THE EMERGENCY SHELTER OVERLAY CONSISTENT WITH PROGRAM 15 OF THE SAN CLEMENTE CERTIFIED HOUSING ELEMENT AND STATE LAW; AND FINDING THIS ACTION IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND CEQA GUIDELINES SECTION 15183 WHEREAS, in 2007, the State of California passed Senate Bill 2 ("SB2"), the "Emergency Shelter Act," to clarify and strengthen housing element law to ensure zoning encourages and facilitates emergency shelters and limits the denial of emergency shelters and transitional and supportive housing under the State's housing element law, Government Code Sections 65580 - 65589.8; and WHEREAS, SB2 became effective January 1, 2008 and requires all California cities and counties to address their communities' homeless needs by designating a zone or zones where emergency shelters are allowed by right; and WHEREAS, on November 1, 2016, the City Council of the City of San Clemente (“City”) adopted Ordinance No. 1643 which established the Emergency Shelter Overlay and applicable development and operational standards; and WHEREAS, on December 20, 2022, the City adopted Ordinance No. 1741 which amended Chapter 17.56 Overlay Districts and Standards of the San Clemente Municipal Code to comply with Assembly Bill 139 regarding parking requirements for emergency shelters; and WHEREAS, on September 20, 2022, the City adopted the 6th Cycle of the Housing Element, which included an Action Plan that set timelines for different programs to be implemented or maintained including the maintenance of the Emergency Shelter Overlay; and WHEREAS, the Department of Housing and Community Development (HCD) certified the City’s Housing Element on October 12, 2022; and WHEREAS, on September 20, 2022, as part of its action on the Housing Element, the City Council certified Program Environmental Impact Report SCH No. 2021020256 (“Housing Element and Safety Element EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, this ordinance (“Ordinance”) amends the San Clemente Municipal Code Chapter 17.56, amending Section 17.56.100 Emergency Shelter Overlay District, that implements the requirements of State housing laws and the City of San Clemente’s certified Housing Element to effectuate the City Council’s directives on the same; and WHEREAS, the City, as Lead Agency, has conducted an environmental review of the proposed Ordinance for compliance with the CEQA and State CEQA Guidelines. The San Clemente Municipal Code amendments within the ordinance are exempt from CEQA and/or not subject to further environmental review pursuant to Public Resources Code (PRC) Section 21083.3 and CEQA Guidelines Section 15183. Since the project would adopt development standards consistent with the land uses and development intensities analyzed in the certified EIR for the Housing Element Update, and because the project would not introduce any new or peculiar potentially significant environmental impacts, the San Clemente Municipal Code amendments are eligible for the Community Plan exemption from CEQA pursuant to Public Resources Code Section 21093.3 and Guidelines Section 15183; and WHEREAS, on October 8, 2025, the Planning Commission held a duly noticed public hearing on the proposed Zoning amendment, considered testimony, and other evidence, and recommended the City Council approve and adopt this Ordinance; and WHEREAS, on November 18, 2025, the City Council held a duly noticed public hearing on this Ordinance, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission’s recommendation, and the agenda report and other evidence that was considered by the Commission, in connection with the proposed amendments; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
SECTION 2: CEQA Findings.
Based upon its review of the entire record, including but not limited to, the Staff Report, any public comments, all related information presented to the City, and the facts outlined below, the City Council finds the San Clemente Municipal Code amendment within the Ordinance is exempt from CEQA and/or not subject to further environmental review pursuant to PRC Section 21083.3 and Guidelines Section 15183. Since the project would adopt modifications to the Emergency Shelter Overlay District consistent with the land uses and development intensities analyzed in the certified EIR for the Housing Element Update, the San Clemente Municipal Code amendments are eligible for Community Plan exemption from CEQA pursuant to PRC Section 21083.3 and CEQA Guidelines Section 15183.
SECTION 3: Zoning Amendment Findings
The City Council finds the following for the attached Ordinance approving Zoning Amendment ZA25-396 amending the San Clemente Municipal Code:
The proposed zoning amendment is consistent with the General Plan, in that:
The City’s 6th Cycle Housing Element is a component of the General Plan, including the Housing Action Plan goal to provide adequate opportunities for new housing for people of all economic levels and those with special needs.
Objectives of Program 15 of the Housing Action Plan of the City’s 6th Cycle Housing Element include updating the Emergency Shelter Overlay bed-limit, caps, parking standards, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, to ensure development standards comply with State law and are not impediments to siting shelters.
The proposed amendment will not adversely affect the public health, safety, and welfare, in that:
The amendment meets community needs and conditions without expanding the areas in which emergency shelters may be located.
The project reflects the City’s review, direction, and independent judgment regarding land use.
The project is consistent with the City’s 6th Cycle Housing Element, whereby the City Council determined that implementation of the Programs of the City’s Housing Element will not adversely impact the public health, safety and welfare.
SECTION 4: San Clemente Municipal Code Amendments.
Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein fully by reference.
SECTION 5: Severability.
If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6: Effective Date.
This Ordinance takes effect within 30 days after adoption of this Ordinance by the City Council.
SECTION 7: Reference to Existing Provisions.
All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 8: Custodian of Records.
The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673.
SECTION 9: Certification and Publication.
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law.
APPROVED, ADOPTED AND SIGNED this day of ,
.
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, hereby certify that Ordinance No. 1798 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 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
Attachment 1
Ordinance No. 1798 Page 2