Agenda packet — San Clemente City Council, January 20, 2026 (part 4 of 6)

I, MYRNA ERWAY, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 99-68 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 7th day of July, 1999, by the following vote:

AYES:

NOES:

ABSENT:

DAHL, DIEHL, EGGLESTON, RITSCHEL, MAYOR BERG
NONE
NONE
ERK of the City of
San Clemente, California
Approved as to form:

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EXHIBITA
CONDITIONS OF APPROVAL*
SPP 99-16/CUP 99-17/SEP 99-18, MARBLEHEAD COASTAL

GENERAL CONDITIONS

1. The owner or designee shall develop the approved project in conformance with all applicable submittals approved by the City Council on July 7, 1999, subject to modifications by these Conditions of Approval, including the following:

A. Visual Analyses.

B. Site plan; architectural elevations; colored architectural elevations; roof plans; conceptual landscape plans and corresponding photographic exhibits; landscape/hardscape percentage exhibit; grading plan; site sections; phasing plan; and sample and materials boards, subject to the following modifications:
1) The architectural elevations and site plan shall provide the following to the satisfaction of the Community Development Director or designee. (Ping.) --
a) Revised east elevation for Theater Buildings 8 and 9, including but not limited to the incorporation of elements such as traditional, decorative upper wall elements, buttresses and additional tiled roof areas and avoiding the repetition of the large recessed wall elements, to achieve an extraordinary design given the building's prominence and image-setting capacity.
b) Raised bulkheads at storefronts at the westerly portion of the Building 4 South Elevation and the easterly portion of the Building 2 South Elevation.
c) Traditional Spanish Colonial Revival styling for
contemporary building elements to minimize symmetrical and linear elements, including the areas flanking both sides of the central elements on the Building 4 East Elevation and
Building 3 East Elevation.
d) Traditional straight awnings with open ends, valances and decorative wrought iron supports.
e) Use of decorative ceramic tile surrounding limited numbers of storefronts where appropriate.
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Use of decorative ceramic tile on the risers and pavers on the treads of exterior stairways where they occur.

The two quatrefoil elements and two windows with balconettes on the upper level above the main entrance to the theater shall be true windows.

The circular tower at the southerly end of the Building 4 West Elevation shall be revised to include either a wrapped barrel tile edge or a full tile roof.

The inclusion of a public rest room at one of the pad building locations along the Avenida Vista Hermosa frontage.

Parking lot lighting that minimizes light and glare impacts by:
not exceeding 30 feet in height; being the minimum wattage necessary to meet security purposes; the capability to be baffled or shielded; and being designed to project light downward rather than outward or upward.

The southerly "bulb-out" of the "drop-off' adjacent to
Building 10 shall be eliminated to facilitate trucks backing into the loading bay at Building 11 to the satisfaction of the City Engineer or designee.

Four shuttle bus layover/parking spaces designed to
accommodate the size of charter buses.

The shuttle bus stop design shall be incorporated in the interior of the project at locations to be mutually determined by the Orange County Transportation Authority (OCTA) and the City, and shall maximize customer convenience to the extent possible. In the event OCT A determines bus stops are necessary along Avenida Vista Hermosa, the owner or
designee shall provide, unless previously provided, bus pullouts to the satisfaction of the OCTA and the City in right-ofway abutting the commercial project.

The Japanese pagoda trees in the parking lot are to be located in landscaped finger planters which include shrubs and
ground cover.
2) Buildings 12 through 22 inclusive shall incorporate larger areas of pitched roofs to the satisfaction of the City Planner or designee. (Ping.). __
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3) Roof pitches for buildings may be in the range of 3: 12 to 4: 12, with 4)
tower element roofs no greater than 5:12. (Ping.) __
The landscape concept plans shall include to the satisfaction of the City Planner or designee:
a) Six mature specimen canopy trees at strategic locations at Buildings 14 through 22.
b) Additional potted plants in front of storefronts to soften glass window areas.
c) Potted plants, vine pockets and pedestrian-oriented amenities in the plaza between Buildings 12 and 13.
d) The owner or designee shall work with staff to include enhanced landscaping, including canopy trees and gardensetting landscaping. (Ping.) __ 5) All loading docks shall be screened from view for both on- and offsite views to the satisfaction of the City Planner or designee. (Ping.) __
6) The conceptual landscape plans shall show installation of landscaping and irrigation, with appropriate connections noted, per the Master Landscape Plan for Scenic Corridors within the A venida Pico median and parkway in all areas which are the responsibility of the owner or designee to provide. (BP&R) __
7) The phasing plan shall include all perimeter landscaping adjacent to the right-of-way along Avenida Vista Hermosa and Avenida Pico. A method shall also be provided to ensure acceptable aesthetic treatment of future phase construction areas, and building walls at phase transition areas, and may include fencing and landscaping. (Ping.) (Eng.) __
Per the Marblehead Coastal Specific Plan, the specialty retail/factory component (Buildings 1 through 6) tenant mix shall maintain a minimum of 7 5% of the building square footage as "factory outlet" stores that sell only a single brand of merchandise.

D. The following conditional uses are approved by CUP 99-17 subject to the specific conditions applicable to a given use contained elsewhere within these conditions of approval. Any proposed change in operation of a use that is not consistent with all of the conditions of CUP 99-17, including but 524
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not limited to hours of operation, shall require an amendment to CUP 99-17 before commencement of the change in operation.

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a) Accessory Buildings
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Indoor Amusement Centers/ArcadesNirtual Reality Centers Convenience Stores, with or without off-site sale of beer, wine or alcohol
d) Day Care Center
e) Kiosks and Vendor Carts (Outdoor food stands, newspaper stands, flower stands, ice cream or other vendors, pushcarts, permanent or temporary, in specialty retail, entertainment plaza and "point" plaza only, subject to approved kiosk plan) f) Pet Shops
g) Restaurants: with on-site sale of beer and wine
h) Restaurants: with on-site sale of hard alcohol
i) Restaurants: with dancing and/or entertainment
j) Restaurants: with outdoor seating
Deliveries shall only occur no earlier than 7:00 a.m. and no later than 10:00 p.m. daily.

Prior to issuance of permits for the construction of any accessory building or structure, the owner or designee shall submit for review and obtain the approval of the Community Development Director or designee for plans consistent with the architecture approved for SPP 99-16/CUP 99-17.

Indoor amusement, arcades, and virtual reality centers, either as a primary use or a use ancillary to another established use, shall comply with the minimum standards specified for amusement centers in the Special Use section of the Zoning Ordinance.

Prior to issuance of building or tenant improvement permits for a day care center, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that the boundary of the day care use is no closer than 150 feet from the exterior building wall or demising premise wall of any use engaged in the sale of beer, wine or alcohol for on- or off-site consumption (except for a bona fide restaurant at the discretion of the Community Development I
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Director). The use shall also comply with all applicable standards in the Special Use section of the Zoning Ordinance for day care centers, all applicable state law requirements, and shall be licensed by the state prior to issuance of a Certificate of Occupancy.

For the purposes of this condition, "bona fide restaurant" is defined as an establishment that offers a menu with a variety of food items, prepared to order in a kitchen, that are available during the same hours of operation that alcohol is available for consumption.

The owner or designee shall obey all rules, regulations and conditions imposed upon CUP 99-17 through, but not limited to, the Alcoholic Beverage Commission (ABC) and relevant State laws.

Should the owner or designee not secure approval from the ABC for the outdoor consumption of alcoholic beverages, this shall not void the CUP with regard to the service and consumption of alcoholic beverages indoors. Revocation of, or sale of said ABC license to another person at another location, shall render the portion of this Use Permit related to the on- or off-site. sale and consumption of beer and wine/alcohol in conjunction with a particular use null and void. Prior to any sale of the ABC license, the owner or designee shall notify the Community Development Department of the sale.

The sale of beer and wine/alcohol for on-site consumption in conjunction with restaurants shall be limited to the hours of I 0:00 a.m. to 12:00 a.m.

The sale of beer and wine/alcohol for off-site consumption shall be limited to the hours of9:00 a.m. to 12:00 a.m.

Alcoholic beverages in any outdoor dining area shall be served only in conjunction with prepared food. No service or consumption of alcoholic beverages shall be allowed in any outdoor dining area after the hour of 10:00 p.m. at Buildings 14 through 22, and 12:00 a.m. at all other buildings.

Prior to commencement of alcoholic beverage service in an outdoor dining area, the owner or designee shall submit for review and obtain the approval of the Community Development Director and ABC or designees, and shall install, adequate physical barriers between the outdoor dining area and the general plaza area.

Adequate physical barriers may include landscape planters, boxes, or pots; decorative fencing materials; some combination of the two; or other installations as deemed appropriate by the Community Development Director or designee. Any fencing materials shall be consistent with the Spanish Colonial Revival architectural style of 526
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the -project. Maintenance of any landscaping materials installed as part of this approval shall be the responsibility of the establishment's owner or designee for the life of the use.
10) The owner or designee of each establishment engaged in the sale of I beer and wine/alcohol for on- and/or off-site consumption shall be responsible for ensuring that all employees receive Responsible .

Alcoholic Beverage Service training. Evidence of such training shall _ be maintained on-site during business hours, and made available for inspection upon request.
11) In addition to any other remedy authorized by law, CUP 99-17 may be modified or revoked by the City pursuant to the San Clemente Municipal Code for a particular establishment engaged in the sale of beer and wine/alcohol for on- or off-site consumption or live entertainment if the establishment is operated in violation of any of the Conditions of Approval imposed herein, any element of the permit or if the operation of the establishment results in a public nuisance. Modification and/or revocation procedures may be initiated by the City including the San Clemente Police Department. 12)
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Umbrellas, heaters and similar objects related to the outdoor dining/seating facilities must be located so that they do not endanger the safety of pedestrians or block access to businesses. Umbrellas and heaters must maintain a minimum vertical clearance of seven feet from the ground.

Any portable seating or other appurtenances in the outdoor dining/seating areas must be placed inside or in a secured location during non-business hours.

Prior to installation, the owner or designee shall submit for review and obtain the approval of the Community Development Director or designee for a kiosk and vendor cart location plan showing 1) maximum numbers of permanent structures and portable units allowed; 2) specific or general locations as applicable within the specialty retail, entertainment and "point" plaza areas; 3) provisions I for storage and security of portable units; and 4) architectural · elevations compatible with the architecture of the permanent • 0 buildings. (Ping.) __
Any deviation from the applicable submittals approved by the City Council shall require that, prior to the issuance of any permits, the owner or designee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the City Planner or designee. If the City Planner or designee determines that the deviation is significant, the owner or 527
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2. designee shall be" required to apply for review and obtain the approval of the City Council. •(Ping.) __
This project shall be subject to all applicable conditions of approval for Tentative Tract Map 8817 and the mitigation measures adopted with EIR 95-01 and its Mitigation Monitoring Program. In the event building permits are issued by the City prior to approval of the first Final Map, then prior to issuance of those permits, the owner or designee shall comply with any applicable of TTM 8817 that pertain to the development of the commercial project, unless otherwise authorized by the City. (Ping.) __

3. Conditional Use Permit 99-17 shall remain in effect until such time as the San Clemente Local Coastal Program is amended to include the Marblehead Coastal property. At that time, any use already commenced in accordance with CUP 99-17 shall lawfully remain until the use lapses. After the San Clemente Local Coastal Program has been amended to include the Marblehead Coastal property, a noncommenced or lapsed use may only be established in accordance with the uses listed in the Marblehead Coastal Specific Plan subject to a new Conditional Use Permit.

Pursuant to Section 17.12.150(B) of the Zoning Ordinance of the City of San Clemente, a use shall not be deemed to have commenced until the date that a building permit is issued for a particular use; or, if the use does not require the issuance of a building permit, the use shall not be deemed to have commenced until the date the use becomes operational and/or opens for business at the subject site.

Pursuant to Section 17.12.150(C) of the Zoning Ordinance, a use shall be deemed to have lapsed one year after the date the use ceases operation and/or the business closes at such location, provided that date occurs after the San Clemente Local Coastal Program has been amended to include the Marblehead Coastal property. •(Ping.) __

4. The owner or designee shall not pave any street under which Cable TV conduit is to be placed without actual notice to Cox Communications or their successor in interest, for the installation of cable conduit. Notice shall be sent to the following . address: Cox Communications, General Manager, 26181 Avenida Aeropuerto, San Juan Capistrano, CA 92675. •(Ping.) --

5. Prior to submittal of improvement and/or grading plans, the owner or designee shall submit written consent to all of these imposed conditions to the Community Development Director or designee. The owner or designee understands that the resolution will be of no force or effect unless such written consent is submitted to the City. • (Ping.) __
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6. Prior to submittal of improvement plans, the owner or desigiiee shall submit for review, and shall obtain the approval of the City Engineer or designee for, a I" = 200' Utilities Master Plan prepared by a Registered Civil Engineer showing all public and private and existing and proposed sewer laterals, mains and manholes; domestic and reclaimed water services, including gate and butterfly valves, pressure reducing stations, pressure zones, fire hydrants, and meters; storm drain mains, laterals, manholes, catch basins, inlets, outlets, pipe sizes, pipe types and any other related appurtenances. The plan shall provide for the following:

B.
c.

D(Eng.) __
All public utilities shall be constructed within dedicated public rights of way and/or easements. The storm drain system within the development shall be private as designated on the Tentative Map with a manhole in the public right of way at the property boundary for the transition from private to public responsibility;
All utility mains shall be placed in the streets and are to be directed to public rights of way, unless otherwise approved by the City Engineer; and Utilities shall not be placed in slopes unless otherwise approved by the City Engineer.

7. Prior to approval of the first Final Map for the commercial portion of Tentative Tract Map 8817 or issuance of building permits, whichever occurs first, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that approval by the California Coastal Commission has been obtained for a Coastal Development Permit for the project. D(Plng.) __

8. Prior to approval of the first Final Map for the commercial portion of Tentative Tract Map 8817 or issuance of building permits, whichever occurs first, the owner or designee shall prepare to the satisfaction and approval of the City Attorney and City Engineer or designees, a declaration with the City as a third party agreeing to dedicate the necessary right-of-way along Avenida Vista Hermosa for the construction of the full width of Avenida Vista Hermosa. DD (Eng.) __

ISSUANCE OF PERMITS

9. The Owner or designee shall use all reasonable efforts to site a business hotel, with conference facilities, on approximately 3 to 5 acres of land located at the northern portion of the commercial site. In furtherance of this condition, the Owner or designee shall retain the services of a brokerage firm( s) or other similar entity or individual, who is experienced in locating potential hotel users, to assist in the identification of a hotel user. Prior to issuance of the first commercial building permit, the owner or designee shall submit for review, and shall obtain the approval of the City Manager for, the qualifications of such brokerage finn(s) or individuals. Thereafter, the Owner or designee shall provide status reports I
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documenting efforts to obtain a hotel development to the City Manager at intervals of six months from the date of approval of this resolution. The requirement for such status reports shall terminate upon the issuance of building permits within Phase III of the outlet center portion of the site.

In his evaluation of the efforts of the applicant in regards to locating a hotel user for the site, the City Manager will take into account the level of effort which is demonstrated by the applicant through the status reports, as well as economic market· demand for a hotel as demonstrated by the applicant and utilizing the following criteria: (i) such use is financially feasible to support, and (ii) such use can maintain market support over time consistent with Objective 1.27 ("Linkage of Development with Market Demands") of the San Clemente General Plan.

In the event that the Owner or designee identifies and reaches an acceptable agreement with a hotel user for the site, such use shall be processed with the City in accordance with the provisions of the Marblehead Coastal Specific Plan, and other applicable provisions of the San Clemente Municipal Code. Such applicable provisions include but are not limited to the requirements to process an amendment of the commercial area site plan and to process a Conditional Use Permit for hotel use.

In the event that the Owner or designee has been unable to reach an acceptable agreement with a hotel user prior to the issuance of building permits within Phase III of the outlet center portion of the site, then this condition shall thereafter be of no future force or effect. (Ping.) (CM) __

10. Prior to issuance of any permit, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that all existing survey monuments are located in the field in compliance with AB 1414 for restoration by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. ••(Eng.) __

11. Prior to issuance of any grading permits, the City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and recommendations for further study. (Eng.) __

12. Prior to issuance of any grading permits, the limits of grading shown on the Tentative Map must be verified by the Geotechnical Engineer. The owner or designee shall not be allowed to go beyond the limits as shown on the Tentative Map, unless approved by the Community Development Director or designee. •• (Eng.) (Plng.) __

13. Prior to issuance of any grading permits unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a 530
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4( d) Section 7 or Section 10 permit has been obtained pnor to commencing activities that would impact the gnatcatcher. D (Plng.) __ (Eng.) __

14. Prior to issuance of any grading permit unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a 1.·_- Section 404 Permit and California Department of Fish and Game (CDFG) Streambed Alteration Agreement have been obtained prior to impacting wetlands and other waters of the U.S. Impacts to applicable wetland habitats shall be mitigated in a manner acceptable to the United States Army Corps ·of Engineers and CDFG. DD (MM 4.12-la) (Ping.) __

15. Prior to issuance of grading permits unless previously provided, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that, at a minimum, plans and appropriate permits for the following on-site mitigation measures for impacts to biological resources have been approved:

A. Preservation of 1.90 acres of existing wetlands, and restoration and enhancement of an additional 2.5 acres of wetland habitat, located within Marblehead Canyon (Lot Z) and Lot R within the public Bluff Top Park.

B. Preservation of 1.5 acres of existing sage scrub habitat, and restoration and enhancement of 10 acres of sage scrub habitat, within Marblehead Canyon (Lot Z) and adjacent to the preserved and restored wetlands.

C. Transplantation of 0.30 acres of needlegrass grasslands within Marblehead Canyon (Lot Z) and/or within the buffer area surrounding the Blochman's dudleya reserve (Lot Q) located on-site.

D. Completion of recovery of Blochman's dudleya plants from ex1st:mg populations located adjacent to the bluffs to the on-site dudleya reserve (Lot Q) and reasonable progress in the implementation of the measures required under the dudleya reserve translocation and management plan approved by the California Coastal Commission under CDP 5-97-136 in 1997.

E. Provision for a 100-foot buffer around wetlands in canyon bottoms.

F. Funding under the Resource Management Plan adequate to provide for long-term monitoring and management of preserved and restored biological resources. DD (MM 4.12-1.b) (Ping.) (Eng.) --

16. Prior to issuance of grading permits unless previously provided, the owner or designee shall commence to the satisfaction of the City Planner or designee the following off-site measures to mitigate impacts to wetlands and sage scrub resources:

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A. To mitigate project impacts to the existing 2.95 acres of wetlands located outside the Coastal Zone, either 2) commence restoration of habitat as determined by the Army Corps of Engineers 404 Permit to be suitable for restoration and long-term management, or 2) provide funding to the nonprofit board responsible for managing the South Subregion NCCP habitat reserve system adequate to restore/enhance wetlands within the habitat reserve system (if the non-profit board has not been established as of the time construction begins, the funds can be deposited with the County of Orange for future use within the NCCP reserve system).

B. In conjunction with on-site sage scrub preservation and restoration to mitigate project impacts to exiting sage scrub resources, pay a mitigation fee to cover impacts to the 12.9 acres of sage scrub and other habitat "occupied" by the coastal California gnatcatcher. The mitigation fee shall be paid to the South Subregion NCCP non-profit board for purposes of providing for restoration/ enhancement of gnatcatcher habitat within the habitat reserve system (if the non-profit board has not been established as of the time construction begins, the funds will be deposited with the County of Orange or CDFG for future use within the NCCP reserve system).

C. Off-site measures involving payment of fees or restoration and enhancement of wetland and scrub habitat should be directed to areas located adjacent to larger areas of existing habitat that would provide greater opportunities for successful long-term management of the restored wetland and scrub habitats consistent with the NCCP Planning and Conservation Guidelines for the Southern California CSS NCCP. ••(MM 4.12-1.c, 2.a) (Ping.) (Eng.) __

17. Prior to issuance of any grading permits, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that a monitoring biologist, acceptable to the United States Fish and Wildlife Service/California Department of Fish and Game, has been retained and shall be on site during any clearing of coastal sage scrub. The monitoring biologist will oversee netting and relocation of Identified Species (avian or other mobile Identified Species) from occupied habitat areas immediately prior to brush-clearing and earth-moving activities. ••(MM 4.12-1.c, 2.b) (Ping.) (Eng.) __

18. Prior to issuance of any grading permits, the owner or designee shall provide evidence acceptable to the City Engineer, unless otherwise approved by the City Engineer or designee, that:

A. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with operating and maintained mufflers.
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B. No internal combustion equipment such as pumps or generators shall be allowed to operate within 500 feet of any occupied residence from 7:30 a.m. to 5:30 p.m. unless the equipment is surrounded by a noise protection barrier acceptable to the City Engineer or designee.
c.

All operations shall comply with Orange County Codified Ordinance Division 6 (Noise Control).

Stockpiling and/or vehicle-storage areas shall be located as far as practicable and out of view from dwellings.

E. The City of San Clemente Noise Ordinance, limiting the hours of construction and construction equipment maintenance to between 7:30 a.m. and 5:30 p.m. and to the days of Monday through Friday, excluding City holidays, shall be enforced.

19. Prior to issuance of rough grading permits, the owner or designee shall submit (along with a plan check deposit of 1 % of the construction cost of the grading and erosion control) for review, and obtain the approval of the City Engineer or designee for, a rough grading plan prepared by a Registered Civil Engineer that provides improvements of appropriate grading in compliance with the City Grading Ordinance, exposed retaining walls not to exceed applicable Zoning Ordinance maximum retaining wall height standards, drainage and trails. Said plan shall include provisions for: 1) stockpiling of topsoil for placement on finished slopes, if determined to be required by the approved soils agronomy report to establish adequate vegetative cover; 2) erosion and siltation control; 3) dust control; 4) provisions for planting of vegetation on all exposed slopes within ninety (90) days of certification and/or prior to October 15 as required by the Grading Ordinance; 5) temporary sedimentation basins and sandbagging if necessary; 6) a water conservation program; and 7) terrace drains shall be placed on the contoured and undulating slope in such a manner to avoid verticalconnecting "V" drains or downdrains where feasible, and placed to minimize their visual impact, as well as any necessary downdrains. D (Eng.) (Ping.) __

20. Prior to issuance of rough grading permits, an artifact and/or fossil preservation I
plan shall be approved by the City Planner. A qualified archaeologist and 1 _ paleontologist (able to meet the criteria of, and be experienced in scientific methods acceptable to, the section of Vertebrate Paleontology of the Natural History Museum of Los Angeles County) identified in the plan shall attend any pre-grade meetings and monitor grading operations. If artifacts or fossils are discovered, the archaeologist or paleontologist shall be empowered to divert or redirect grading in the vicinity of the remains in order to evaluate and salvage exposed prehistoric artifacts and/or fossils. The plan shall provide for the following: D (MM 4.7-1, 2.e) (Eng.) __
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A. Sufficient time allowed for adequate evaluation and recovery operations to B.
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be completed. (MM 4.7-1, 2.a, 2.b)
Marine and non-marine terrace sediments and sand lenses in the Capistrano Formation to be screened routinely for micro-vertebrate and invertebrate remams. (MM 4.7-2.c)
All fossils collected to be catalogued, analyzed, and prepared to the point of identification, with the remains to be placed in the Orange County designated repository and/or a permanent systematics institution with a research and/or educational interest in fossils. (MM 4. 7-2.d)

21. Prior to issuance of precise grading permits, the owner or designee shall submit (along with a plan check deposit of 1% of the construction cost of the grading) for review, and obtain the approval of the City Engineer or designee, a precise grading plan as required by the City Grading Manual and Ordinance. All on-site drainage shall be conveyed onto public or private streets unless otherwise authorized by the City Engineer or designee. These facilities shall be constructed in accordance with City standards and privately maintained. •(Eng.) __

22. Prior to issuance of precise grading and building permits, the owner or designee shall ascertain from the City Engineer or designee that the City's water supply is adequate to accommodate the anticipated water demands of this project. If an adequate water supply is not available, grading and building permits shall not be issued. Approval of this project does not guarantee that potable water will be available for the project at the time of permit application. (Fire-FP14) (Eng.) __

23. Prior to issuance of precise grading and building permits, the owner or designee shall submit, in accordance with the City-approved Utilities Master Plan, for review, and shall obtain the approval of the Community Development Director and Director, Beaches, Parks and Recreation or designee, a detailed landscape and irrigation plan (compatible with the City's Maxicom master controller for areas to be maintained by the City) and incorporating drought tolerant plants, for on- and off-site landscaping including, but not limited to, Avenida Pico median, Avenida Vista Hermosa median, parkways, public trails, common areas and slopes, prepared by a Registered Landscape Architect, and in compliance with all pertinent requirements including, but not limited to, the City's Landscape Guidelines, Marblehead Coastal Specific Plan, and guidelines contained in the City's Master Landscape Plan of Scenic Corridors. A site-specific soils report, prepared by an authorized professional, regarding the tests and analyses of the agricultural suitability of the soil and recommendations shall be submitted for review for selected areas. • (BP&R) __
The following standards shall apply for landscaping design, unless otherwise approved by the City: • (Ping.) (Eng.) (BPR) __
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24. 25.

A. Minimum "parkway tree size shall be 15-gallon for canopy trees and ten foot ( 1 O') brown trunk height (BTH) for palms.

B. Trees shall be planted and staked at thirty-foot intervals in commercial parkway areas.

C. Landscaping shall not conflict with vehicular sight distance and shall comply with Orange County EMA Standard 1117.

D. All parkway trees shall maintain the following distances from improvements:

E.
1) 10' O" from water, sewer and storm drain lines;
2) 5' O" from hardscape (curbs, sidewalks, street lights, utility boxes, fire hydrants, post indicator valve, fire detector checks, etc.), unless an approved species is planted in a tree well with 24" deep, continuous circle, root control barriers that are securely fastened at the joint with ribs inward;
3) 5' O" from drive approaches; and
4) 25' O" from curb return at street intersections.

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

F. All median streetscapes in public streets shall be designed to the standards of the Master Landscape Plan for Scenic Corridors. All medians shall be provided with separate water meters, electric meters and irrigation controllers.

Prior to the issuance of grading and building permits or as otherwise determined by the City Planner or designee, the owner or designee shall be responsible for updating the City's mylar Precise Zoning Map by integrating the recorded map into the appropriate sheet(s) of the Zoning Map in a manner satisfactory to the City Planner or designee. (Ping.) __
If required, then prior to issuance of applicable building permits, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for an automatic fire sprinkler system. D (Fire-FPI 5) __ I
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26. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review, and obtain the approval of the Fire Chief or designee for, a detailed letter of intended use for each applicable building and/or suite. •(Fire-FP16) __

27. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for an approved fire suppression system for the protection of commercial type cooking equipment. •(Fire-FP20) __

28. If required, then prior to issuance of commercial building permits for tenant improvements, the owner or designee shall submit for review and obtain the approval of the Fire Chief or designee for, plans for a fire alarm system. The system shall be operational prior to issuance of a Certificate of Occupancy for the applicable use. •(Fire-FP21) __

29. Prior to issuance of building permits, the owner or designee shall provide to the satisfaction of the City Planner or designee revised roof plans with height calculations for each and every roof element for all buildings in accordance with the Zoning Ordinance method for calculating height and consistent with applicable maximum allowable heights specified in the Marblehead Coastal Specific Plan. In accordance with the Zoning Ordinance, the finished grade for Theater Building 9 and Buildings 12 and 13 as established by this approved SPP 99-16 is the pad elevation for the upper parking deck level indicated on the approved grading plan. ••(Plng.) __

30. Prior to issuance of building permits, the owner or designee shall pay all applicable development fees in effect at the time, which may include, but are not limited to, City Attorney CC&R/OEA review, RCFPP, public safety plan check, transportation corridor and school fees, etc.
•(MM 4.2-1) (Eng.) (Bldg.) __

31. Prior to issuance of any building permits, the owner or designee shall include within the first four pages of the working drawings a list of all Conditions of Approval imposed by the final approval for the project applicable to the particular phase of development. •(Bldg.) __

32. Building permits shall not be issued unless the project complies with all applicable codes, ordinances, and statutes including, but not limited to, the Zoning Ordinance, the Uniform Fire Code, Security Ordinance, Transportation Demand Ordinance, Water Quality Ordinance, Title 24 of the California Administrative Code, and the Uniform Codes as adopted by the City. (Plng.) (Bldg.) __

33. Prior to issuance of any building permits and following the completion of initial grading/earth movement activities, the owner or designee shall demonstrate to the 536
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satisfaction of the City Planner or designee that all areas of coastal sage scrub habitat to be avoided by construction equipment and personnel are marked with temporary fencing or other appropriate markers clearly visible to construction personnel. No construction access, parking or storage of equipment or materials, or other such construction activities, shall be permitted within such marked areas.

In addition, during construction activities, coastal sage scrub areas identified for protection and located within the likely dust drift radius of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves, as recommended by the monitoring biologist. DD (MM 4.12-2.c, 2.d) (Ping.) __

34. Prior to issuance of building permits, the owner or designee shall submit for review, and obtain the approval of the Fire Chief or designee for, the on-site private and public fire hydrant system. The owner or designee shall also make provisions to the satisfaction of the Fire Chief or designee for the maintenance and repair of the private system. DD (Fire-FP2) __

35. Prior to issuance of building permits, the owner or designee shall submit a copy of the City Engineer approved soils and geologic report, prepared by a Registered Geologist and Geotechnical Engineer, which conforms to City standards and all other applicable codes, ordinances, statutes and regulations. The soils report shall accompany the building plans, engineering calculations, and reports.

D (Bldg.)_~

36. Prior to issuance of building permits for combustible construction, the owner or designee shall submit to the Fire Chief and obtain approval of a Jetter and plan, stating that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on site.

D (Fire-FP13) --
3 7. Prior to issuance of building permits, the owner or designee shall demonstrate to the satisfaction of the Fire Chief or designee that this project complies with Chapter 15.48 of the San Clemente Municipal Code, pertaining to emergency response standards. D (Ping.) (Fire) --

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Prior to issuance of building permits, or as otherwise authorized by the City Engineer or designee, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that all underground public utilities necessary to I · allow construction to proceed for the Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program have been completed _ in accordance with the approved plans, and that the as-built progress plans for said improvements, prepared by a Registered Civil Engineer, have been submitted and approved by the City Engineer or designee. D (Eng.) __

39. Prior to issuance of any building permits, the owner or designee shall submit for review, and shall obtain the approval of the City Planner or designee for, landscape plans which indicate that all ground-mounted utility structures and 537
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equipment, including, but not limited to, standpipes, shall be located out of view from a public street and/or adequately screened through the use of walls and/or landscaping, to the extent feasible. (Ping.) __

40. Prior to issuance of any commercial building permits, the owner or designee shall submit for review and obtain approval of the Director of Community Development or designee plans indicating that the height of any roof mounted equipment shall not exceed the height of the parapet wall intended to screen the equipment, and the equipment will be painted in such a manner as to cause the equipment to blend with the roof when viewed from surrounding areas. The roof cap sheet and/or rock shall be colored to match the roof tiles. Additional screening devices may be required in conjunction with tenant improvements if deemed necessary by the Director of Community Development. •(Ping.) __

41. Prior to issuance of building permits, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that approval from the California Department of Transportation has been obtained for the lighting plan or to install the lights affecting the Interstate 5 Freeway. ••(Ping.) __

42. Prior to issuance of sign permits, the owner or designee ·shall demonstrate to the satisfaction of the City Planner or designee that approval from the California Department of Transportation has been obtained for the installation of signs affecting the Interstate 5 Freeway. •• (Ping.) __

43. Building permits shall be issued no earlier than one year prior to the "anticipated completion date for the Vista Hermosa Interchange" (which is, for the purposes of these Conditions of Approval, the date indicated in the Vista Hermosa Interchange contract for the Interchange to be open to public vehicular traffic). ••(Eng.) (Ping.) __

44. Prior to issuance of any sign permits, the owner or designee shall submit a revised Master Sign Program (MSP) to the satisfaction of the City Planner or designee which includes the following textual or graphic revisions:

Only the temporary construction signs facing the Interstate 5 freeway may be externally illuminated. Lighting shall be controlled by an automatic timer that shall limit the hours of illumination from dusk until midnight daily.

Awning signs shall count toward a business' total sign area. A separate awning sign exhibit showing maximum width and height dimensions, and allowable graphic materials and method of application, shall be prepared and included in the MSP.

C. Professionally painted wall signs shall be an allowable sign material. 538
Resolution No. 99-68 Page 26
D. The stucco color(s) of the freestanding signs shall be consistent with the stucco color palette approved for the buildings to the satisfaction of the City Planner or designee. All other materials and colors of freestanding signs shall be compatible with the architecture approved for the project.

E. Sign Type 3.a.2 at the comer of Avenida Vista Hermosa and Avenida Pico shall have copy identical to Sign Type 3.a.1, and shall not advertise individual tenants.

F. All elevation drawings included in the MSP shall reflect the architecture approved for the project.

G. The three- and four-sided project directory signs shall reserve at least one side for public/community information.

H. In accordance with the Marblehead Coastal Specific Plan, signs within the entertainment plaza areas may be designed in a manner that promotes imagination and creativity and may be moving or revolving, wind driven, exposed or open channel neon, fiber optic, or animated. If incorporated into the MSP, said signs shall be oriented to the plaza at a maximum height of 50 feet above grade for the theater and the eave line for other buildings. The signs shall comply with all other aspects of the MSP criteria.

I. The freeway-oriented sign types (on building walls facing the freeway and freestanding signs Al.I, Al.2 and Al.3) are not approved. Revised sign types shall be approved through the processing of an amendment to SEP 99-18 prior to issuance of permits and installation. DD(Plng.) __ ISSUANCE OF CERT][JF][CATES OF OCCUPANCY

45. Prior to issuance of the first Certificate of Occupancy, the construction of the full width of Avenida Vista Hermosa and median/parkway landscaping from the I-5 Interchange limits to Avenida Pico, including the signal improvements at all commercial center entrances, shall be substantially completed to the satisfaction of the City Engineer or designee. DD (Eng.) __
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46. Prior to issuance of the first Certificate of Occupancy the construction of the I Avenida Pico ultimate widening and median/parkway landscaping from the existing improvements south of Calle de los Molinos to El Camino Real adjacent to the property, and the median modifications and signal at the Water Reclamation Plant entrance if determined necessary by the City Engineer, shall be completed to the satisfaction of the City Engineer. DD (Eng.) __

47. Prior to issuance of the first commercial Certificate of Occupancy in excess of 350,000 aggregate square feet the construction of El Camino Real (Pacific Coast 539
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Highway) widening improvements adjacent to the property from Avenida Pico to Camino San Clemente. •• (Eng.) __

48. Prior to issuance of the final commercial certificate of occupancy for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program, the owner or designee shall demonstrate to the satisfaction of the City Planner or designee that all exterior lighting is designed, arranged, directed or shielded per the approved plans, and in such a manner as to contain direct illumination on site, thereby preventing excess illumination onto adjoining site(s), the freeway and/or street(s). •(Ping.) __

49. Prior to issuance of the first certificate of occupancy, the qualified project paleontologist shall submit to the City Planner or designee a copy of the final report that was submitted along with any recovered fossils to the designated repository which summarizes findings, including an itemized inventory and contextual stratigraphic data. ••(MM 4.7-2.f) )Ping.) __

50. Prior to issuance of any Certificates of Occupancy for the commercial site, the signal improvements on Avenida Vista Hermosa at all commercial entries shall be completed to the satisfaction of the City Engineer or designee. •(Eng.) __

51. Prior to issuance of Certificates of Occupancy and acceptance of improvements by the City Engineer, or designee, for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program unless an exception is granted by the City Engineer, the owner or designee shall submit asbuilt plans prepared by a Registered Civil Engineer, depicting all underground public utilities completed to the satisfaction of the City Engineer for that Development Phase. • (Eng.) __

52. Prior to issuance of Certificates of Occupancy, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that the following have been installed per the approved improvement plans unless an exception is granted by the City Engineer: public and/or private street name signs, regulatory signs constructed of high intensity sheeting and .080 aluminum, traffic pavement markings controlling applicable street intersections, centerline and lane line striping, and curb painting. • (Fire-FP9) (Eng.) (Maint.) --

53. Prior to issuance of Certificates of Occupancy unless an exception is granted by the City Engineer, the owner or designee shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager or their designees that all street improvements damaged during construction have been repaired or replaced. •(Eng.) (Maint.)_~

54. Prior to issuance of Certificates of Occupancy for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program, the owner or designee shall submit a letter, signed by a Registered Landscape 540
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Architect, to the. Community Development Director or designee, stating that all materials for all landscaped areas and irrigation have been installed in accordance with the approved plans, and shall demonstrate to the satisfaction of the Community Development Director or designee, in consultation with the Beaches, .

Parks and Recreation Director or designee, that all landscaped areas and irrigation, I including but not limited to median/parkway/slope landscaping and irrigation, · have been installed in accordance with the approved landscape plans. ·._.

D (Ping.) (BP&R) __

55. Prior to issuance of Certificates of Occupancy for each Development Phase in compliance with the City-approved Construction Phasing and Mitigation Program, the owner or designee shall demonstrate to the satisfaction of the Fire Chief that blue reflective pavement markers have been installed on the street(s)/drives, indicating the location of all fire hydrants per the Orange County Fire Authority standard. On private streets/drives, these markers shall be maintained in good condition by the Association or OEA entity. D (Fire-FP19) __ RELEASE OF FINANCIAL SJECURJ[l'Y

56. Prior to release of financial security, the owner or designee shall demonstrate to the satisfaction of the City Engineer and the City Planner that the appropriate Association or OEA entity has been formed and that the OEA and/or CC&R's have been reviewed by the City Attorney, approved by same and recorded.

DD (Ping.) (Eng.) __

57. Prior to release of financial security, the owner or designee shall demonstrate to the satisfaction of the City Engineer or designee that all survey monuments damaged or destroyed are restored. "Corner Records" shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor's Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code.

DD(Eng.) __

58. Prior to release of financial security, the owner or designee shall submit as-built plans prepared by a Registered Civil Engineer, depicting all street, traffic signal, sewer, water, and storm drain improvements and street signage and signage placements, traffic markings and painted curbing and all required improvements shall be completed to the satisfaction of the City Engineer, or designee.

DD(Eng.) __

59. Prior to release of financial security, the owner or designee shall have completed the stenciling of all catch basins and storm drain inlets with labels 3" high in black letters, on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING- DRAINS TO OCEAN". These markings shall be maintained in good condition by the Property Owners Association or OEA entity. D (Eng.) -- I
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60. Prior to release "of financial security, the owner or designee shall submit for review, and shall obtain the approval of the City Engineer or designee for, a videotape, filmed in the presence of a City Staff representative, of all sewer and drainage improvements. The videotape shall become the property of the City. (Eng.) __

61. Prior to release of financial security, the owner or designee shall submit the following as-built items, certified by a Registered Civil Engineer, to the Engineering Division. All construction improvement as-built plans submitted to the City for review and approval shall be in digitized format (DXF file format) as requested by the City: (Eng.) __
A. A l" = 200' scale topographic mylar showing finished contours of the development at a contour interval of five ( 5) ft.

B. Mylar sheets at a scale of 1 "=40', or at an appropriate scale to be determined by the City Engineer or designee, showing domestic and reclaimed water, sewer, drainage facilities, final grading and street improvements;
C. A 1" = 200' mylar showing all "as-built" domestic and reclaimed water, sewer, storm drains and drainage facilities for utility maintenance purposes.

62. Prior to release of financial security, all domestic and reclaimed water and sewer systems, including, but not limited to pump stations, generators, and pressure release valves shall be fully tested, in the presence of a City Staff representative, to verify system performance in accordance with design specifications. (Eng.) --

63. Prior to release of financial security, the owner or designee shall execute an agreement, to the satisfaction of the Community Development Director and the Beaches, Parks and Recreation Director or their designees, with the City which designates responsibility for maintenance and irrigation of parkway trees, shrubs and ground cover within the public and private right of way. The City or designee shall be responsible for maintaining all medians within the public right of way.

The owner or designee, or the Association and OEA entity or designees, shall be responsible for watering all parkway trees, shrubs and ground cover within the public and private right of way, and shall trim and otherwise maintain parkway shrubs and ground cover and shall prune and keep disease-free all parkway trees within the public and private right of way. • (BP&R) -- 542
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64. Prior to release of financial security, the owner or designee shall submit mylar sheets at a scale of 1 "=20' or 1 "=40', or at an appropriate scale to be determined by the Beaches, Parks and Recreation Director or designee, showing as-builts of grading, trails, and median/parkway/slope landscaping and irrigation (including irrigation central control system) intended for City Maintenance. D (BP&R) __ * All Conditions of Approval are Standard, unless indicated as follows:

D Denotes modified Standard Condition of Approval
DD Denotes project-specific Condition of Approval
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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: January 20, 2026 Agenda Item: 8D.

Submitted By: Planning Division
Prepared By: Adam Atamian, Community Development Director Brendan Hanley, Planning Technician

Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO APPROVE GENERAL PLAN AMENDMENT 25-399; TO INCORPORATE POLICY LANGUAGE CONSISTENT WITH SENATE BILL 1425, SENATE BILL 1035, AND ASSEMBLY BILL 747; AN UPDATE TO THE GENERAL PLAN IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 65565.5, 65302, AND 65302.15, AND FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

Amending the General Plan has no direct fiscal impact, but may improve access to grant funding for fire safety and open space projects.

Summary:

The City Council is being asked to consider approval of Resolution No. 26-04 (Attachment 1) to amend the City’s Centennial General Plan by inserting new policy language into several of its Elements (or Chapters) in order to satisfy the requirements of California Senate Bills (SB) 1425, 1035, and Assembly Bill (AB) 747. Collectively, SB 1425, SB 1035, and AB 747 require local jurisdictions to update their General Plans to better integrate open space planning, climate resilience, wildfire and hazard mitigation, and evacuation planning. These laws mandate coordinated updates to the Coastal, Natural Resources, and Safety Elements to address climate adaptation, access to open space, ecosystem preservation, wildfire risk mapping, and the identification and evaluation of evacuation routes. This proposed General Plan Amendment (GPA) was reviewed by the Planning Commission on October 8, 2025. The resolution of the Planning Commission recommending City Council approve the GPA is provided as Attachment 2.

Background:

On September 30, 2022, SB 1425 was passed into law. SB 1425 mandates that every city and county in California review and update their open-space plans by January 1, 2026. General Plan updates in consideration of SB 1425 must include plans and action programs that address the following:

1. Climate resilience and other benefits coordinated with the safety element.

2. Equitable access to open space, considering social, economic, and racial equity.

3. Rewilding opportunities to preserve and enhance natural ecosystems.

On September 23, 2018, SB 1035 was passed into law. SB 1035 mandates that every city and county in California review and update their Safety Element when incorporating a Local Hazard 544
Meeting Date: January 20, 2026 Agenda Item: 8D.

CITY OF SAN CLEMENTE 2
Mitigation Plan (LHMP). Local jurisdictions must also include vulnerability assessments and mapping/data related to fire hazards.

On October 9, 2019, AB 747 was passed into law and requires a local jurisdiction, when revising its LHMP, to review and update the Safety Element to identify evacuation routes and assess their capacity, safety, and viability.

Staff proposes inserting new policy language into several Elements of San Clemente’s Centennial General Plan in order to satisfy the requirements outlined in these bills. While failure to meet stated deadlines for implementation of the bills does not carry specific penalties under the State law, on-going noncompliance may disqualify or make the City less competitive from securing grant funding for environmental projects and programs. This could hinder the City’s efforts to implement the LHMP, including wildfire mitigation and vegetation management strategies, and expose the City to litigation.

On October 8, 2025, the City of San Clemente Planning Commission reviewed and recommended that City Council adopt the proposed GPA. In addition, the Planning Commission recommended that the City Council take action to prioritize implementing wildfire policies, specifically updating and prioritizing disaster evacuation strategies and wildfire prevention due to extreme fire danger, as identified by the California Department of Forestry and Fire Protection (CAL FIRE).

Staff consulted CAL FIRE, as well as affected Tribal governments through the Native American Heritage Commission, to receive feedback on these changes and ensure compliance with State laws. Policy or implementation recommendations by these stakeholders were incorporated into the proposed amendment.

CAL FIRE reviewed the Safety Element and its proposed changes at the Board of Forestry Meeting on December 8, 2025. They recommended some minor language edits, which have been incorporated into the proposed GPA, and invited the City of San Clemente to adopt the updated Safety Element.

City Staff distributed correspondence to all tribal governments identified by the Native American Cultural Heritage Commission on October 22, 2025. Pursuant to SB 18, tribes have 90 days to request consultation. City staff has received responses and engaged with the tribes that replied to the correspondence. Local governments must send notice of a public hearing, at least 10 days prior to the hearing, to tribes who have filed a written request for such notice. We received one request, and actively engaged with that representative by providing timely notice and material for review.

Discussion:

While SB 1035, SB 1425, and AB 747 are all separate State laws, many of their requirements overlap with each other and complement existing areas of the City’s General Plan. Some aspects of the General Plan already support the intent of the safety, equity, resilience, and rewilding requirements in these bills.
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Meeting Date: January 20, 2026 Agenda Item: 8D.

CITY OF SAN CLEMENTE 3
In order for the Safety Element to meet the requirements in all three laws, the City needs to incorporate the LHMP1into the Safety Element. The LHMP includes specific programs that will provide climate resilience, including vegetation management programs, which also provide for rewilding opportunities in the City’s open spaces. The LHMP needs to be referenced and correlated to the Safety Element in a specific, targeted manner for compliance, which staff propose to do through new language in the Safety Element and referencing it in the resource links of the Element.

SB 747 also requires local governments to prepare an evacuation map, which complements the Safety Element’s primary goal, to “Continue to be a well-prepared community that understands and limits exposure to potential natural and human-made hazards and effectively responds to and recovers from public safety emergencies”. This map will be included in the Safety Element as figures S-9 and S-10. Exhibit A of Attachment 1 provides an updated Safety Element showing the proposed changes in underline/strike-through format, as well as updated Fire Hazard Severity Zone Maps S-5, S-6, and S-8, and new evacuation map S-9 and S-10.

There are Coastal Element policies within the adopted Centennial General Plan related to preserving public access (C-1.01, C-1.04) as well as rewilding (C-2.05, C-2.07). Staff recommends adding language to Policy C-1.01 referenced in the State mandate to better align this existing policy with state law. Exhibit B of Attachment 1 provides an updated Coastal Element showing these changes to Policy C-1.01 in underline/strike-through format.

Within the Natural Resource Element, staff recommends adding Policy NR-1.07 for access to open space, as well as Policy NR-1.08 to address climate resilience and rewilding, both based on language from SB 1425 and the LHMP. Exhibit C of Attachment 1 provides an updated Natural Resources Element showing these changes in underline/strike-through format.

Council Options:
 Adopt Resolution No. 26-04, approving the proposed General Plan Amendment which would add policies aligning the General Plan with the State laws related to SB 1035, SB 1425, and AB 747.
 Modify and adopt Resolution No. 26-04.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 26-04, which would result in noncompliance with state law.

Environmental Review/Analysis:

Staff recommends that City Council determine that the actions are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15307 (14 CCR §15307, Class 7: Actions by Regulatory Agencies for Protection of Natural Resources); and §15308 (14 CCR §15308, Class 8: Actions by Regulatory Agencies for Protection of the Environment).

1 The San Clemente Local Hazard Mitigation Plan was adopted in March of 2025 and is available online:
https://www.sanclemente.gov/DocumentCenter/View/1045/Local-Hazard-Mitigation-Plan-LHMP-PDF?bidId= 546
Meeting Date: January 20, 2026 Agenda Item: 8D.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 26-04 to approve GPA 25-399, which will do the following:

1. Determine that the GPA 25-399 is categorically exempt from CEQA pursuant to CEQA Guidelines §15307 and §15308; and

2. Amend the Coastal, Natural Resources, and Safety Elements of the Centennial General Plan to address climate adaptation, access to open space, ecosystem preservation, wildfire risk mapping, and the identification and evaluation of evacuation routes. ..end
Attachment:

1. Resolution No. 26-04
Exhibit A: Proposed Amended Safety Element
Exhibit B: Proposed Amended Coastal Element
Exhibit C: Proposed Amended Natural Resources Element

2. Planning Commission Resolution No. PC 25-017
Notification:

The public hearing notice was published in the San Clemente Times, but written notice was not provided pursuant to SCMC 17.12.100B(2a), because more than 1,000 properties would be affected since these General Plan policy revisions have City-wide applicability, the exception being tribal representatives who requested further information. Staff has not received any public comments on this item to date. Additionally, staff provided notice to the Juaneño Band of Mission Indians (Acjachemen Nation) as requested during the course of the Tribal Consultation process. 547
Attachment 1
RESOLUTION NO. 26-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT 25-399; TO INCORPORATE POLICY
LANGUAGE CONSISTENT WITH SENATE BILL 1425,
SENATE BILL 1035, AND ASSEMBLY BILL 747; AN UPDATE

TO THE GENERAL PLAN IN COMPLIANCE WITH
GOVERNMENT CODE SECTIONS 65565.5, 65302, AND
65302.15, AND FINDING THE ACTION CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, on February 9, 2014, the City Council of the City of San Clemente (“City”) adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, the Governor of the State of California signed into law various bills requiring updates to the Safety and Open Space Elements, including Senate Bill (SB) 1035, SB 1425, and Assembly Bill (AB) 747; and
WHEREAS, the City staff initiated this General Plan Amendment (GPA) 25- 399 (“Amendment”) to:

A. Update the Safety Element to reference the 2024 City of San Clemente Hazard Mitigation Plan (LHMP) in an effort to reduce future loss of life and property damage, resulting from natural or human-caused hazards; B. Add language, evacuation maps, and make minor adjustments to the Safety Element related to fire hazard severity and mitigating community risk; C. Update the General Plan Coastal Element to add a policy related to access to beaches, parks and recreation areas; and
D. Update the General Plan Natural Resources Element to implement two policies related to access and climate resilience.

WHEREAS, a General Plan Amendment is necessary to comply with the January 1, 2026 deadline prescribed in SB 1425, as well as revision deadlines for SB 1035 and AB 747; and
WHEREAS, upon City approval of the GPA, the City will have updated related elements, to include plans and an action program that addresses specified 548
Resolution No. 26-04 Page 2
issues, including climate resilience and other co-benefits of open space, correlated with the safety element; and
WHEREAS, the GPA is consistent with the City’s efforts to improve wildfire safety measures and vegetation management, which is part of the 2024 City of San Clemente Hazard Mitigation Plan (LHMP), as well as further resilience, access, and rewilding efforts in open space zones; and
WHEREAS, on October 8, 2025, the Planning Commission held a duly noticed public hearing on the Amendment considered evidence presented by City staff including a draft City Council Resolution and exhibits attached thereto; heard other interested parties, and recommended the City Council approve the GPA; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred, including Tribal consultation and consultation with the California Department of Forestry and Fire Protection (CalFIRE).

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

SECTION 1. 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. California Environmental Quality Act Findings. Based upon its review of the record as a whole, the City Council finds and determines that the Amendment is consistent with the intent of the State enabling legislation which requires local agencies to update the Safety Element of its General Plan (SB 1035, AB 747) as well as elements related to open space (SB 1425). GPA 25-399 is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15307 (14 CCR §15307, Class 7: Actions by regulatory agencies for protection of natural resources), and Section 15308 (14 CCR §15308 Class 8: Actions by regulatory agencies for protection of the environment) because amendments focused on rewilding, resilience, and equitable open space, as well as those related to local hazard mitigation, are designed to protect the environment, and natural resources, and can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This GPA is therefore categorically exempt from CEQA, and no exceptions to this exemption apply.

SECTION 3: Findings. The following findings are hereby made regarding the changes to the Centennial General Plan:
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A. The GPA is internally consistent with those portions of the General Plan that are not being amended because:

1. The GPA improves the intent of the Centennial General Plan by:
a. Supporting existing policies related to rewilding opportunities and public access in the city’s open spaces.
b. Updating the Safety Element to best protect property and citizens of this City with the latest flood, fire hazard, and climate adaptation and resiliency strategies.

2. The GPA improves and ensures the consistency of the General Plan with CA State SB 1425, SB 1035, and AB 747 by adding new language and references that meet the additional requirements mandated by the State in these bills.

3. The GPA updates the Coastal and Natural Resources Elements consistent with the goals and policies of the Centennial General Plan:
a. Coastal Element Primary Goal, “Create and maintain outstanding public access and recreational and visitor-serving opportunities in the Coastal Zone, consistent with effective resource conservation practices…”
b. Natural Resources Element Primary Goal: “Restore and protect natural resources so that they continue to enhance our community identity and provide environmental, aesthetic, economic, and health benefits.”
c. Natural Resources Policy 1.05, “We encourage activities which improve the natural biological value, integrity and corridor function of the coastal canyons though vegetation restoration, control of non-native species, and landscape buffering of urban uses and development.”
d. Coastal Policy 1.01, “We establish, maintain, and, where feasible, expand public coastal access to the shoreline, beaches, tidelands, and recreational facilities in a manner that… maximizes public access…”

4. The GPA updates the Safety Element consistent with the goals and policies of the Centennial General Plan:
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a. Safety Element Primary Goal, “Continue to be a well-prepared community that understands and limits exposure to potential natural and human-made hazards and effectively responds to and recovers from public safety emergencies.”
b. Fire Section Goal, “Minimize risk to life, property, economic and social dislocation and disruption of vital services due to uncontrolled fire.” B. The GPA will not adversely affect the public health, safety, and welfare, in that:

1. The GPA furthers objectives of the General Plan, including:
a. The Safety Element’s Primary Goal: “Continue to be a well-prepared community that understands and limits exposure to potential natural and human-made hazards and effectively responds to and recovers from public safety emergencies.”
b. Meeting community values, needs and conditions;
c. Guiding long-term open space planning and other public policy actions;
d. Reflecting the City Council’s review, direction and independent judgment regarding policies for open space and safety; and

2. The GPA benefits the public health, safety, and welfare by ensuring public access to recreation resources and emergency planning for local hazards.

3. The GPA does not cause new significant environmental effects or substantially increase environmental effects previously studied and mitigated in the previous General Plan Adoption.

SECTION 4. As part of this GPA, Figures S-5 and S-6 are updated, and Figures S-9 and S-10 added, as shown in Exhibit A, attached hereto and incorporated by reference (additions are underlined, deletions are strike-through); and portions of the Safety Element are added to read as follows:

S-1: The Local Hazard Mitigation Plan (LHMP) for the City of San Clemente was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the 551
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people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.

The City of San Clemente (City) strives to reduce hazards and improve resilience through capital improvement projects, innovative planning, and emergency management practices. The 2024 City of San Clemente Hazard Mitigation Plan (LHMP) update is an effort to reduce future loss of life and property damage resulting from natural or human-caused hazards.

ADDITIONAL LINKS
 San Clemente Multi-Hazard Emergency Plan [http://sanclemente.org/sc/standard.aspx?pageid=319]  Local Hazard Mitigation Plan [https://www.sanclemente.org/home/showpublisheddocument/88821/638761663741731 626]
 Marine Safety Division website [http://sanclemente.org/sc/standard.aspx?pageid=264]  Orange County Fire Authority website [http://ocfa.org/]  Orange County Sheriff’s Department website [http://ocsd.org/]  Nuclear Regulatory Commission website [http://www.nrc.gov/]  United States Geologic Survey California Earthquakes website [http://earthquake.usgs.gov/earthquakes/states/index.php?regionID=5] S-6: Wildfire poses a significant risk to residential and commercial development within City boundaries. Effective April 1, 2024, CAL FIRE identified areas of San Clemente varying levels of wildfire hazard within their Fire Hazard Severity Zones (FHSZs). Designated Very High, High, and Moderate Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks.

Legislative response led to mandated mapping across California under the California Public Resources Code 4201-4204, encompassing all State Responsibility Areas (SRA).

California Senate Bill 1241 (SB 1241) was passed by the California legislature in 2012, which required jurisdictions to update their Safety Elements upon the next revision of the Housing Element, on or after January 1, 2014. Subsequently, Gov. Code § 65302, subd. (g)(3.2) was changed to address fire hazard planning. Within the city, there are neighborhoods with 552
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substantial open space that lie within the fire hazard severity zones. The City mitigates community risks identified by the fire hazard severity zones with vegetation management and evacuation planning. This Safety Element update incorporates policies to address those recommendations and adds Figure S-5 to show the Land Use Plan and critical facilities within the fire hazard severity zones (FHSZs). Inclusion within the FHSZs is based on five factors: density of vegetation; slope severity; five-minute fire department response time; road class proximity and proximity to fire hydrants; and CAL FIRE’s vegetation cover and fire behavior and fuel spread model. The City adopted ordinance 1791 on June 3, 2025, amending Exhibit “A” of chapter

8.22 of the San Clemente Municipal Code to include updates to the fire hazard severity zones, reflected in the FHSZs Map (Figure S-6). Figures S9 and S-10 outline the City’s evacuation planning initiative, mitigating community risks posed by wildfire hazard, but requires further collaboration with community partners and Public Safety entities.

GENERAL PLAN INFORMATION:
 Emergency Services Section
 Urban Design Element
 Figure S-5, Fire Hazard Severity Zones (FHSZs) and Critical Facilities on General Plan Land Use Map
 Figure S-6, FHSZs Map
 Figure S-8, Critical Facilities Map
 Figure S-9, Evacuation Map
 Figure S-10, Parcels With One Evacuation Route
SECTION 5. As part of this GPA, Policy C-1.01 of the Coastal Element is amended to modify the introduction to Policy C-1.01 as well as add a new subpoint “n.” (additions are underlined), as shown in Exhibit B (additions are underlined), attached hereto and incorporated by reference:

C-1.01. Coastal Access. We establish, maintain, and, where feasible, expand public coastal access to the shoreline, beaches, tidelands, and recreational facilities in a manner that is inclusive and accessible for all residents:
n. Considers equitable access to opportunities and resources across different community populations and circumstances; SECTION 6. As part of this GPA, policies NR-1.07 and NR-1.08 of the Natural Resources Element are added as described below, and included in Exhibit C (additions are underlined), attached hereto and incorporated by reference:
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NR-1.07. Open Space Access. The City maintains and promotes equitable access to open spaces. Natural resources should be inclusive and accessible for all residents.

NR-1.08. Climate Resilience and Co-Benefits. We incorporate strategies that enhance climate resilience through natural resources planning.

This involves identifying how San Clemente’s open spaces can contribute to climate adaptation and mitigation, and correlating these strategies with the Safety Element to ensure a cohesive approach to climate-related hazards.
a. We prioritize vegetation management programs and utilize grant funding for invasive species removals and native landscape restoration on City owned property to improve climate resilience and enhance natural ecosystems.
b. We connect private landowners with California Sustainability Group, to access grant funding for vegetation management, invasive species removals and native landscape restoration on HOA owned or privately owned property, to improve climate resilience and enhance natural ecosystems.

SECTION 7: City Council Action. Based on the entire record, including all written and oral evidence presented to the City Council, and the findings made and evidence discussed in the staff report and this Resolution, the City Council approves and adopts GPA 25-399 set forth by this City Council Resolution and adopts the sections attached as Exhibits A, B, and C hereto, which are fully incorporated herein.

SECTION 8. Severability. If any section, sentence, clause or phrase of this Resolution 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 Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution 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 9. Custodian of Records. The documents and materials associated with this Resolution 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. 554
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PASSED AND ADOPTED at a regular meeting of the City of San Clemente City Council on _____________, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
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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. 26-04 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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Almost Quitting Time by Steve Kell
Safety Element
The City of San Clemente intends to protect the community from hazards related to geologic, seismic, and soil hazards; flooding, tsunami, and sea level change; excessive noise; hazardous materials; radiological hazards; wildfire; marine hazards; and illegal activities.

The Safety Element seeks to minimize potential property damage and human injury by reducing the exposure of people and property to these hazards and the risks of their occurrence. This element is intended to enhance safety through advance preparation for catastrophic events and by preventing or mitigating hazards and avoiding conditions that could adversely affect residents’, businesses’ and visitors’ safety.

One of the City’s primary tools for preparing and responding to hazards is the San Clemente Multi-Hazard Emergency Plan [Link to Multi Hazard Emergency Plan]. This comprehensive tool identifies key response resources, assigns emergency planning and response responsibilities to City of San Clemente and supportive agency staff, establishes communication protocols, outlines preplanned response actions by hazard type, and provides the basis for personnel training and ongoing maintenance of the City’s emergency preparedness programs.

The 2021 update of Safety Element was conducted concurrently with the City’s 6th Cycle Housing Element Update. The City is also in process of updating the Natural Hazard Mitigation Plan, which serves as the City’s Local Hazard Mitigation Plan (LHMP). The

EXHIBIT A
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Safety Element includes recently adopted State laws requiring the following to be performed, updated and included in the Safety Element:
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City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-3
The Local Hazard Mitigation Plan (LHMP) for the City of San Clemente was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.

The City of San Clemente strives to reduce hazards and improve resilience through capital improvement projects, innovative planning, and emergency management practices. The 2024 City of San Clemente Hazard Mitigation Plan (LHMP) update is an effort to reduce future loss of life and property damage resulting from natural or human-caused hazards.

PRIMARY GOAL:

Continue to be a well-prepared community that understands and limits exposure to potential natural and human-made hazards and effectively responds to and recovers from public safety emergencies.

GOAL AND POLICY SECTIONS:

1. Geologic, Seismic and Soil Hazards

2. Flooding and Marine Hazards

3. Wildfire

4. Noise

5. Radiological Hazards

6. Hazardous Materials

7. Emergency Services, Preparedness, Response and Recovery

8. Climate Change

ADDITIONAL LINKS
• Marine Safety Division website [https://www.san-clemente.org/department-services/safetyservices/lifeguard-services] • Orange County Fire Authority website [http://ocfa.org/] • Orange County Sheriff’s Department website [http://ocsd.org/] • Nuclear Regulatory Commission website [http://www.nrc.gov/] • United States Geologic Survey California Earthquakes website [https://www.usgs.gov/faqs/how-do-i-find-fault-or-hazard-maps-california?qtnews_science_products=0#qt-news_science_products] • Local Hazard Mitigation Plan [https://www.sanclemente.org/home/showpublisheddocument/88821/638761663741731626 Geologic, Seismic and Soil Hazards
There are no known active faults within the City of San Clemente; however, ground shaking resulting from regional seismic activity can have a significant local impact. Additionally, some areas where the water table is shallow with loose, unconsolidated sandy soils have 559
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-4
the potential for liquefaction [link to Glossary] during a seismic event. Also, our coastal and canyon bluffs and hillsides can be steep and subject to landslides and slope failures.

Potential geologic and soil hazards can be increased by inappropriate development, seismic activity and heavy rains. This section’s goal and policies, and the related implementation measures, seek to mitigate potential threats from geologic, seismic and soil hazards through information sharing and establishing appropriate development standards.

GOAL:

Minimize risk to life, property, economic and social dislocation and disruption of vital services that could result from geologic and seismic hazards. 560
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-5
POLICIES:

S-1.01. Up to Date Information. We collect and maintain relevant data on fault locations, soils reports and other information that can help identify seismic or liquefaction potential and areas at risk of landslides.

S-1.02. Alquist-Priolo Act. If active or potentially active faults are identified, we will implement mandatory development restrictions and investigation requirements pursuant to the Alquist-Priolo Act.

S-1.03. Unreinforced Masonry Buildings. We require the retrofitting of unreinforced masonry buildings during remodels to minimize hazards to life and property due to an earthquake or other geologic hazards.

S-1.04. Landslide Risk. Where development is proposed on unstable terrain, excessively-steep slopes and other areas deemed hazardous due to landslide risk, it is prohibited unless acceptable mitigation measures are implemented.

S-1.05. Assessment and Mitigation. Where appropriate, we require new development to assess the potential for liquefaction, slope instability and landslides and require that appropriate measures be incorporated into the project to mitigate such hazards.

GENERAL PLAN INFORMATION:

Figure S-1, Geologic, Seismic and Soil Hazards Map
ADDITIONAL LINKS:
• Alquist-Priolo Act [https://www.conservation.ca.gov/cgs/alquist-priolo] Flooding and Marine Hazards
Potential water-related hazards in San Clemente include flooding, tsunami, and sea level rise. Flood hazards include coastal inundation, flash flooding down watercourses and channels throughout the community, and sheet flooding across low lying areas adjacent to these watercourses. A tsunami is a series of ocean waves triggered by the displacement of a large volume of water after a submarine disturbance, such as an underwater earthquake or landslide. While there is no record of large or moderate tsunamis in the San Clemente area, the potential for tsunami damage exists, as it does in most coastal California communities. Distant source tsunamis have produced run-up of less than two feet in San Clemente; however global climate changes affecting sea level have been observed over time and if observed patterns continue, a sea level rise should be expected. Sea level rise is a long-range concern and while predictions vary, a significant rise in sea level rise could adversely affect land use, transportation and water quality in low-lying coastal areas.

Marine hazards also include common ocean-related public safety concerns such as hazardous surf and navigational boating hazards.
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City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-6
To further address concerns regarding sea level rise, the City conducted a Sea Level Rise Vulnerability Assessment (SLRVA), adopted in 2019 [https://www.sanclemente.org/home/showdocument?id=54174]. The study’s purpose is to identify areas and resources in the City that may be vulnerable to rising seas in the future, and introduces a range of adaptation strategies. Shoreline erosion is expected to accelerate with sea level rise and will likely be the most significant hazard impacting coastal resources in the City.

The City will also prepare a companion Coastal Resiliency Plan which will contain a discussion of potential adaptation strategies that the City can implement over time to improve coastal resiliency. The Coastal Resiliency Plan will identify more focused municipal actions, regional actions, coordination activities, and sea level rise adaptation strategies for various areas in the City.

Figure S-2, Flood Hazards Map was updated for the Safety Element Update 2021. The updated maps depict two changes from the previous version. The new map shows the areas of the City subject to the Regulatory Floodway. The Regulatory Floodway is the channel of a river or other waterway and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. The other change is to the flood hazard zone along the coastline.

GOAL:

Minimize risk to life, property, economic and social dislocation, disruption of vital services and environmental effects cause by flooding, tsunami, and sea level rise.

POLICIES:

S-2.01. Flood Control Channels. Whenever feasible, we support the restoration of concrete lined flood control channels back to natural earthen channels.

S-2.02. Drainage Obstruction. We require that property owners along canyons and watercourses keep natural drainage courses on their sites free of obstructions, such as debris, structures and dams, which may adversely affect flooding on the site or on downstream properties.

S-2.03. 100-Year Flood Zone. We prohibit development within the 100-year flood zone unless adequate mitigation is provided against flood hazards.

S-2.04. Regulations. We implement Federal, State, County and local flood control regulations, as appropriate.

S-2.05. Interagency Coordination. We coordinate appropriate procedures for police, fire and other agencies to respond during flooding, consistent with Federal, State, and County regulations, as well as the City of San Clemente Emergency Plan.

S-2.06. Information. Where accurate and reliable information regarding flooding, tsunami, and sea level rise hazards is available, the City seeks to make such information publicly available to help reduce flooding and marine hazards.
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City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-7
S-2.07. Marine Safety. We maintain adequate staffing for lifeguard services to address beach and swimmer safety needs.

LINKS TO GENERAL PLAN INFORMATION:
• Figure S-2, Flood Hazards Map
• Figure S-3, Tsunami Potential Inundation Map
ADDITIONAL LINKS:
• San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Climate Action Plan [https://www.sanclemente.org/home/showdocument?id=9384] • U.S. Environmental Protection Agency, Future Climate Change, Sea Level Rise [http://www.epa.gov/climatechange/science/future.html#sealevel] Fire
San Clemente residents enjoy access to and views of natural open spaces. Several neighborhoods in San Clemente are adjacent to expansive open space resources, such as the Richard and Donna O’Neill Conservancy to the north and east of City limits, and San Onofre State Beach and Camp Pendleton to the south. These large open space areas at the urban-wildland interface contain vegetation that provides fuel for wildfires which can threaten life and property in San Clemente. Wildfires are of particular concern during Santa Ana wind events, when forceful winds blow dry air from the east to the west. They create extremely dry conditions in which wildfires can easily develop due to natural or human causes. Historically, wildfire is one of the most destructive hazards in San Clemente, affecting homes, businesses, the natural environment, and human lives. The City last experienced a damaging wildfire on January 21, 1976 which charred 2400 acres, destroyed sixteen San Clemente homes and damaged 144 others. As a result, the City created the State’s first residential sprinkler ordinance. In June of 2017, a fire that started on nearby Camp Pendleton came within ¼ mile of homes in San Clemente.

Wildfire poses a significant risk to residential and commercial development within City boundaries. Effective April 1, 2024, CAL FIRE identified areas of San Clemente varying levels of wildfire hazard within their Fire Hazard Severity Zones (FHSZs). Designated Very High, High, and Moderate Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks. Legislative response led to mandated mapping across California under the California Public Resources Code 4201- 4204, encompassing all State Responsibility Areas (SRA).

The City’s Natural Hazard Mitigation Plan serves as the City’s Local Hazard Mitigation Plan (LHMP). The Public Works Department is responsible for the Hazard Mitigation Plan and subsequent updates to the plan, which are scheduled to occur every five years.

The County of Orange Community Wildfire Protection Plan (CWPP) (2017) covers all Orange County Fire Authority service areas and portions or 17 cities that either threaten or are 563
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-8
threatened by State Responsibility Areas (SRA). San Clemente is served by the Orange County Fire Authority and islocated within the CWPP area. The CWPP provides an overview of wildland fire risks, hazard, and resources within the planning area; recommends possible actions to reduce impacts of wildfire in the planned area; and provides an action plan to mitigate and respond to fire..
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City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-9
California Senate Bill 1241 (SB 1241) was passed by the California legislature in 2012, which required jurisdictions to update their Safety Elements upon the next revision of the Housing Element, on or after January 1, 2014. Subsequently, Gov. Code § 65302, subd. (g)(3.2) was changed to address fire hazard planning. Within the city, there are neighborhoods with substantial open space that lie within the fire hazard severity zones. The City mitigates community risks identified by the fire hazard severity zones with vegetation management and evacuation planning. This Safety Element update incorporates policies to address those recommendations and adds Figure S-5 to show the Land Use Plan and critical facilities within the very high fire hazard severity zones (VHFHSZs). Inclusion within the VHFHSZs is based on five factors: density of vegetation; slope severity; five minutefive-minute fire department response time; road class proximity and proximity to fire hydrants; and CAL FIRE’s vegetation cover and fire behavior and fuel spread model. The City adopted ordinance 1791 on June 3, 2025, amending Exhibit “A” of chapter 8.22 of the San Clemente Municipal Code to include updates to the fire hazard severity zones, reflected in the FHSZs Map (Figure S-6). Figures S-9 and S-10 outline the City’s evacuation planning initiative, mitigating community risks posed by wildfire hazard, but requires further collaboration with community partners and Public Safety entities.

GOAL:

Minimize risk to life, property, economic and social dislocation and disruption of vital services due to uncontrolled fire.

POLICIES:

S-3.01. Fire and Building Codes. We coordinate with Orange County Fire Authority to proactively mitigate or minimize the adverse effects of structural fires, wildfires and related hazards like erosion, hazardous materials release and structural collapse by implementing appropriate fire and building codes.

S-3.02. Land Use and Zoning. Development proposals and applicants will minimize new residential development in the VHFHSZs, and locate future public facilities, including new essential and sensitive facilities, outside of VHFHSZs when possible.

S-3.03. Fire and Building Codes. We adhere to all Orange County Fire Authority regulations and guidelines for fire safe development practices, vegetation management, and maintenance in the City, including in the VHFHSZ’s.

S-3.04. Fire and Building Codes. We ensure that all new development and redevelopment in the VHFHSZs will comply with the Board of Forestry and Fire Protection Fire Safe Regulations, and the most current version of the California Building Codes and California Fire Code.

S-3.05. Fire and Building Codes. In coordination with Orange County Fire Authority, we will condition development to incorporate fire safe design, including sufficient ingress/egress, evacuation routes, emergency vehicle access, defensible space, visible home addressing and signage, and fuel modification zones. 565
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-10
S-3.06. Emergency Evacuation Routes. We will work with the Orange County Sheriff’s Department (OCSD) to develop, implement and maintain an effective evacuation program, identify residential development with inadequate access and/or without a secondary emergency evacuation route, and prepare improvement plans and mitigation measures in order to be prepared in the event of a natural or humancaused disaster, through our Local Hazard Mitigation Plan. 566
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-11
S-3.07. Public Education. We coordinate with Orange County Fire Authority to provide public education tools to increase awareness of fire prevention measures, and evacuation procedures, especially for those neighborhoods in the VHFHSZs.

S-3.08. Orange County Fire Authority. We contract with Orange County Fire Authority to maintain fire stations, equipment, and staffing to effectively respond to emergencies.

S-3.09. Peak Water Supply. We maintain an adequate peak water supply for fire suppression, per the San Clemente Urban Water Management Plan and funding available for implementation.

S-3.10. Evaluation. We coordinate with the Orange County Fire Authority to evaluate the effectiveness of fire safety strategies and implementation measures.

S-3.11. Balance Between Goals. We balance the need for fire safety and defensible landscape perimeters with biological and open space preservation goals, where applicable, consistent with the Coastal Conservation Plan.

GENERAL PLAN INFORMATION:
• Emergency Services Section
• Urban Design Element
• Figure S-5, Very High Fire Hazard Severity Zones (VHFHSZs) and Critical Facilities on General Plan Land Use Map
• Figure S-6, VHFHSZs Map
• Figure S-8, Critical Facilities Map
• Figure S-9, Evacuation Map
• Figure S-10, Parcels With One Evacuation Route
ADDITIONAL LINKS:
• Orange County Fire Authority website [http://ocfa.org/] Noise
Excessive noise can adversely affect human health and well-being, economic productivity, and property values, especially in areas where sensitive land uses such as senior housing, schools, child care, and hospitals are located. Mobile and stationary noise sources contribute to overall noise levels, and the impacts of both must be analyzed when considering environmental effects of new development. Bisected by Interstate 5, San Clemente’s primary noise source is from automobile, truck and motorcycle traffic.

Passenger and freight rail services utilize a rail line that skirts the coastline and are also significant mobile noise sources. The City has successfully used federal tools to reduce train noise near sensitive land uses.

The General Plan is a tool for managing noise by planning for and maintaining compatibility between sensitive land uses and noise sources. Specific standards regulating 567
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the noise environment are provided by the San Clemente Noise Ordinance [https://library.municode.com/ca/san_clemente/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.48NO CO].

GOAL:

Minimize exposure to excessive noise levels by taking appropriate actions to avoid or mitigate the detrimental effects of exposure to excessive noise levels on humans and animals and in particular, on sensitive land uses.

POLICIES:

S-4.01. Noise Control. We effectively control ambient and stationary noise conditions by maintaining baseline information, monitoring conditions, following State guidelines, and enforcing locally adopted ordinances and building codes.

S-4.02. Street Design. We consider noise impacts when designing new.

S-4.03. Interagency Collaboration. We encourage and collaborate with local, regional, and statewide transportation agencies to minimize transportation- related noise impacts and provide appropriate mitigation measures that also consider impacts to community character and on natural resources (e.g., views).

S-4.04. Balance Between Noise Control and View Protection. We will continue to work with local, State, and Federal agencies to reduce highway- and railroad- generated noise levels to within acceptable levels identified in the General Plan, while seeking to re-establish ocean views blocked by noise barriers on Interstate 5.

S-4.05. Rail-related Noise. We minimize the noise impact of passenger and freight rail service on sensitive land uses by coordinating with rail authorities to effectively manage train noise and by aggressively pursuing noise mitigation measures that apply to rail uses.

S-4.06. Truck Routes. To minimize truck traffic noise impacts to sensitive land uses, we designate areas where truck traffic is prohibited.

S-4.07. Collaboration with Camp Pendleton. We collaborate with the United States Marine Corps, Camp Pendleton, to minimize the impacts of noise- or vibrationinducing activities on San Clemente residents and to inform the community in advance when such activities will be conducted.

S-4.08. Live Entertainment. We control live entertainment noise conditions by requiring best management practices that minimize impacts on residential and other sensitive uses and ensure compliance with the City’s adopted Noise Ordinance.

GENERAL PLAN INFORMATION:
• Figure S-4A, Existing Roadway and Rail Noise Contour Map • Figure S-4B, Future Roadway and Rail Noise Contour Map • Urban Design Element [link to UDE Homepage]
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• Mobility and Complete Streets Element [link to ME Homepage] ADDITIONAL LINKS:
• San Clemente General Plan EIR Noise Section [Link to EIR] Radiological Hazards
The San Onofre Nuclear Generating Station (SONGS) is the only nuclear power plant in Southern California. It is located in San Diego County, approximately three miles south of the City of San Clemente. SONGS is primarily owned by Southern California Edison, which is in charge of its operations and maintenance. In June 2013, Southern California Edison announced that it was going to retire the nuclear power plant, which had not been operational since January 2011. This is a process called decommissioning and dismantling of the plant. The decommissioning process is regulated by the Nuclear Regulatory Commission (NRC). Coordination of policies and procedures for radiological hazards will continue to be relevant to the City. Dismantlement began first quarter 2020 and will involve the deconstruction of most of the above-grade structures as well as the partial removal of offshore undersea conduits (large pipes) and offshore buoys and anchors. Southern California Edison submitted the 2019 Decommissioning Progress Report on June 15, 2020; it provides a progress report of decommissioning activities. The dismantlement phase is expected to take 8 to 10 years.

The San Clemente Multi-Hazard Emergency Plan [https://www.sanclemente.org/Home/ShowDocument?id=63047&isPublished=False] was created to prepare the community for potential emergency situations that could develop as a result of excessive radiation exposure from SONGS. The Multi-Hazard Emergency Plan outlines procedures for oversight, communication, emergency warning, evacuation, response, and recovery.

GOAL:

Minimize risk to public health, safety, and welfare, and the natural and built environments of the City of San Clemente through proper communication protocols and nuclear disaster preparedness.

POLICIES:

S-5.01. Public Information. We proactively communicate with State and Federal agencies and Southern California Edison and seek to ensure the City and its residents are informed about the status of and conditions at SONGS.

S-5.02. Interagency Collaboration and Response. We collaborate with the counties of Orange and San Diego, the cities of Dana Point and San Juan Capistrano, the US Marine Corps Base Camp Pendleton, California State Beaches and Parks, Southern California Edison and other local, state and federal government agencies with roles in radiological emergency response to ensure the
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City and our neighbors can conduct coordinated emergency response to an event at SONGS.

S-5.03. Public Education. We reduce risks to the public from radiological events through public awareness and education, by operating emergency warning systems, by establishing, updating, and implementing community protection in partnership with local, State and Federal government agencies, and through our readiness to implement emergency plans.

S-5.04. Transport of Radioactive Materials. We work with Southern California Edison to ensure the transport of radioactive materials through the City of San Clemente complies with all State and Federal standards and does not adversely affect human health, land uses and activities.

S-5.05. Disposal of Radioactive Fuel. We encourage the Federal government to establish a permanent, safe disposal site for spent nuclear fuel rods and the establishment of temporary sites, if needed, to move fuel away from San Clemente.

ADDITIONAL LINKS:
• Radiological Emergency Evacuation Route Map [https://www.sanclemente.org/home/showpublisheddocument?id=10109] • San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Emergency Planning webpage
[https://www.san-clemente.org/government/city-departments/public-works/emergencyplanning] • Nuclear Regulatory Commission website [http://www.nrc.gov/] • SONGS Website [http://www.songscommunity.com]
Hazardous Materials
San Clemente’s industrial and manufacturing uses contribute to the City’s prosperity.

However, these uses can pose hazards related to the use and storage of toxic materials and the creation of toxic waste as byproducts. The storage, transportation, and disposal of these materials are sensitive processes. Seismic activity, flooding, marine hazards, and fires can result in hazardous materials being released onto land or into the air and water, contaminating the environment and endangering public safety.

The transportation of hazardous materials is of particular concern in San Clemente.

Hazardous materials are transported through the community due to San Clemente’s location along a busy rail route and along Interstate 5, a major north-south corridor for California.
570
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-15
GOAL:

Protect life, property, and the natural environment by minimizing the potential for exposure to and contamination from hazardous materials and waste.

POLICIES:

S-6.01. Public Maps. We publicize areas of known hazardous materials contamination to reduce risk to public health, safety, and welfare.

S-6.02. Remediation Plans. We require owners of contaminated sites to develop a remediation plan with the assistance of the County of Orange and State and Federal government agencies.

S-6.03. Coordinated Response. We coordinate effective responses to hazardous materials incidents with other appropriate jurisdictions and agencies.

S-6.04. Local and Regional Participation. We participate in local and regional efforts to mitigate the potential for land, water, and air contamination from hazardous materials or waste, and work to help ensure clean-up of contaminated areas if a release occurs.

S-6.05. Disclosure Laws. Working with other public agencies, we help enforce disclosure laws that require the users, producers, and transporters of hazardous materials and waste to clearly identify these items.

S-6.06. Public Education. Working with other public agencies, we help disseminate information to the public about the proper disposal of household hazardous materials and waste, and encourage the use of non-toxic alternatives.

ADDITIONAL LINKS:
• Figure S-7, Hazardous Materials Sites Map
[Hazardous Materials Sites Map]
• Orange County Hazardous Waste Management Plan
[http://oclandfills.com/hazardous/]
• Title 49, Federal Code of Regulations [https://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/Title49/49tab_02.tpl] Emergency Services, Preparedness, Response, and
Recovery
Emergency services in San Clemente include police protection, fire prevention and suppression, emergency medical care, marine safety and City emergency planning. Police services, including emergency evacuation are provided by the Orange County Sheriff’s Department, fire and emergency medical services are provided by the Orange County Fire Authority, marine safety services are provided by the City of San Clemente Marine Safety Division and at State beaches by the State of California, and emergency preparedness is organized by the City’s Emergency Planning Program, Community Development Public Works Department. Maintaining safety in San Clemente’s neighborhoods, business districts, and beaches
571
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-16
contributes to the community’s appeal to residents, business owners, and visitors. The City of San Clemente approaches emergency services and planning in a proactive manner that includes education and prevention strategies.

San Clemente is susceptible to a variety of natural and human-made safety hazards including earthquakes, floods, marine hazards, fires, crime, and radiological exposure. The General Plan seeks to mitigate these potential threats to life, property, environmental quality, and economic vitality through preventative measures and through careful emergency planning.

GOAL:

Continue to be a safe, disaster-resilient community that is prepared through effective community outreach, proactive monitoring, and efficient emergency services, response, recovery and mitigation.

POLICIES:

S-7.01. Staffing, Facilities and Supplies. We ensure adequate staffing, facilities and supplies for our police, fire, marine safety and emergency medical services, and emergency planning to provide appropriate and timely response to emergency needs.

S-7.02 Hazard Prevention Funding. We give high priority to strategies and funding for hazard-prevention services, training, educational materials, and facilities.

S-7.03 Outreach and Education. We provide community-based outreach and educational efforts to enable our residents to prepare for and respond appropriately in emergency situations, and to contribute to the overall safety of the community.

S-7.04 Interdepartmental and Interagency Collaboration. We collaborate among City departments and with organizations outside of the City for a comprehensive approach to emergency services and disaster preparedness, response and recovery, including continuity of operations (e.g. information technology and financial services). The Orange County Operational Area Agreement of January 2020 formally outlines the County of Orange and its political subdivisions (including the City of San Clemente) for purposes of emergency management coordination. We maintain mutual aid agreements through the Orange County Law Enforcement Mutual Aid Compact, Orange County Fire Service Operational Area Mutual Aid Plan, and Orange County Public Works Mutual Aid Plan/Agreement.

S-7.05 Partnerships. We partner with other local, State and Federal emergency services agencies to enhance safety resources in the City of San Clemente.

S-7.06 Performance Measurement. We periodically analyze public safety data to evaluate the effectiveness of our strategies and allocate resources accordingly.

S-7.07 Crime Prevention Through Environmental Design. We require new development to incorporate Crime Prevention Through Environmental Design (CPTED) [link to Glossary] features in the orientation and design of sites, buildings, streetscapes, and open spaces.
572
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-17
S-7.08 Emergency Evacuation. We coordinate with the Orange County Sheriff’s Department (OCSD) for emergency evacuation services when needed.

S-7.09 Management Programs and Warning Systems. We maintain emergency management programs and warning systems that meet State and Federal requirements. An example is the California Water/Wastewater Agency Response Network (Cal Warn) mutual aid and assistance program whose mission is to support and promote statewide emergency preparedness, disaster response, and mutual assistance processes for public and private water and wastewater utilities.

S-7.10 Training. We regularly conduct training exercises to prepare for and evaluate emergency and disaster response and recovery procedures.

S-7.11 Outreach. We reach out to the community to educate, train and establish volunteer programs, to enhance the safety and disaster resilience of our community through volunteer programs, such as the Community Emergency Response Team (CERT) Program, Retired Senior Volunteer Program (RSVP), Explorer Scouts, and Neighborhood Watch and Radio Amateur Citizen Emergency Services (RACES).

GENERAL PLAN INFORMATION:
• Figure S-8, City of San Clemente Critical Facilities Map ADDITIONAL LINKS:
• San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Police Services
[https://www.san-clemente.org/i-am-a-/visitor/police-services-ocsd] • City of San Clemente Fire Services webpage [https://www.sanclemente.org/department-services/safety-services/fire-services] • Orange County Fire Authority website [http://ocfa.org/] • City of San Clemente Marine Safety Division webpage [https://www.sanclemente.org/department-services/safety-services/lifeguard-services] • City of San Clemente Emergency Planning
[https://www.san-clemente.org/government/city-departments/public-works/emergencyplanning] • Community Emergency Response Team (CERT) Program [https://www.sanclemente.org/government/public-works/cert-community-emergency-response-team] • Retired Senior Volunteer Program (RSVP)
[https://www.san-clemente.org/recreation-community/volunteer-opportunities] • Explorers
[https://media.ocgov.com/gov/sheriff/divisions/fieldops/security/mutual/reserve/449/recruitmen t.asp]
• Neighborhood Beach Watch
[https://www.san-clemente.org/i-am-a-/resident/neighborhood-beach-watch] 573
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-18
• Radio Amateur Citizen Emergency Services (RACES) [https://www.sanclemente.org/government/city-departments/emergency-planning/volunteer-programs/tricitiesraces-ares] Climate Change
In accordance with the requirements of SB 379, codified at Government Code Section 65302(g)(4), climate change adaptation and resilience must be addressed in the safety element of all general plans in California. For cities with current LHMP’s and other documents that address the anticipated vulnerabilities associated with climate change, these documents can be incorporated by reference. As stated previously, the City is currently updating the LHMP, expected to be complete by the end of 2021 and will be incorporated by reference into the Safety Element once adopted.

Addressing climate change requires an integrated approach that targets both the sources of climate change, and the effects. Efforts to reduce the sources of climate change are termed climate change mitigation, greenhouse gas emissions (GHG) mitigation, or climate action. Efforts to reduce harm from the effects of a changing climate are referred to as climate adaptation and resilience.

The purpose of climate adaptation planning is to seek strategies to reduce vulnerability to projected climate change effects, increase the local capacity to adapt, and build resilience.

A climate resilient city is one that is prepared for the effects of climate change, continues to provide essential services, protects the most vulnerable during hazardous events, and continually learns and adjusts in the face of change and disruption.

In 2014, the City adopted its first Climate Action Plan [https://www.sanclemente.org/home/showdocument?id=9384]. This plan’s focus is on reducing GHGs through a series of implementation measures in the categories of alternative transportation, land use, energy efficiency and waste reduction. The Climate Action Plan is incorporated by reference in this Safety Element.

The City’s most recent climate action planning effort is related to sea level rise. In 2019, the City adopted a Sea Level Rise Vulnerability Assessment (SLRVA) [https://www.sanclemente.org/home/showdocument?id=54174]. The study’s purpose is to identify areas and resources in the City that may be vulnerable to rising seas in the future, and introduces a range of adaptation strategies. Shoreline erosion is expected to accelerate with sea level rise and will likely be the most significant hazard impacting coastal resources in the City.

Overall, the primary risks associated with climate change that are projected to impact the City of San Clemente are sea level rise, increased risk of wildfires, and precipitation 574
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-19
pattern changes which can result in drought and/or flooding. Sea level rise is addressed in the SLRVA discussed in the previous paragraph. Enhanced policies associated with avoiding and/or mitigating the community risks associated with of wildfire hazard have been added to the Fire section of this Safety Element as recommended by CAL FIRE, and are part of the LHMP. Precipitation pattern changes include periods of extremely low precipitation, which are projected to double by the end of the century, and at the other end of the spectrum, increased incidence of high precipitation events. Periods of low precipitation can result in drought and reduced water supply. High precipitation producing events are also expected to continue to increase, and can cause flooding and landslides. Flooding is addressed in the Flooding and Marine Hazards section in this Safety Element and in the LHMP. Landslides are addressed in the Geology, Seismic and Soils Hazards section of this Safety Element and the LHMP. Reduced water supply and drought are addressed in detail in the LHMP.

GOAL:

Increase resilience and protect residents from the anticipated effects of climate change.

POLICIES:

S-8.01 Sea Level Rise. We evaluate for climate change effects resulting from sea level rise by maintaining baseline information and following State guidelines through adoption of the the City’s SLRVA, incorporated here by reference, and adopt and implement adaption strategies with the City’s future Coastal Resiliency Plan, which will be incorporated here by reference.

S-8.02 GHG mitigation. We fight global climate change by reducing our greenhouse gas emissions from both municipal operations and community activities.

S-8.03 Wildfire Risk. We cooperate with CAL FIRE, and adopt and implement fire safe policies that to recognize wildfire hazard in our community and protect the community fromreduce wildfire risk, especially in the VHFHSZ.

S-8.04 Changing Conditions. We promote design solutions and best practices that ensure future developments and infrastructure can adapt to climate change effects.

S-8.05 Resilient Community. We increase community resilience to climate change and protect vulnerable populations, including older adults and those with disabilities.

ADDITIONAL LINKS:
• California’s Fourth Climate Change Assessment, Los Angeles Region Report, 2018, OPR, Cal Energy Commission, Cal Natural Resources Agency [https://www.energy.ca.gov/sites/default/files/2019-11/Reg%20Report-%20SUM-CCCA4-2018- 007%20LosAngeles_ADA.pdf]
• Local Hazard Mitigation Plan [https://www.sanclemente.org/home/showpublisheddocument/88821/638761663741731626 575
City of San Clemente Centennial General Plan, February 2014, updated September 2021 S-20
Implementation Measures
General Plan Implementation Measures are contained in the Strategic Implementation Program (SIP). The SIP contains Implementation Measures for one-time projects that end with a specific goal, and ongoing projects that requires routine activity with no specified end date. The SIP is updated by the City Council with the City budget and Long-Term Financial Plan (LTFP) to ensure the effective implementation of the Centennial General Plan. This coordination ensures that the General Plan remains a dynamic, up to date, responsive guide to public decision making and expenditures.

Click here to access Implementation Measures for this element in the latest Strategic Implementation Program.
576

SAN JUAN C API STR AN O
DAN A
POI NT

UN IN COR POR ATED

CO UN TY

ORANG E COU NT Y

SAN DIEG O COU NTY

P A C I F I C

O C E A N

MAR IN E COR PS BASE

CAMP PEN DL ETO N
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Cos at
SanJuan Creek Rd
Avenida Pico
S El Camino Real
Avenida la
Camino
Pata
de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente

GEOLOGIC, SEISMIC AND SOIL HAZARDS MAP
Figure S-1
0 1,625 3,250 6,500
Feet
Source: Seismic Hazards Progam, California Geological Survey, California Department of Conservation September 2021
Areas where previous occurrence of landslide movement, or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.

Landslide Zone Area
Areas where historic occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.

Liquefaction Zone Area
577
§¨¦5
§¨¦5

FLOOD HAZARD MAP
Flood Hazard Zones
Regulatory Floodway (1% Annual Chance of Flood)
100-Year Floodplain (1% Annual Chance Flood)
500-Year Floodplain (0.2% Annual Chance Flood)
Figure S-2
0 1,650 3,300 6,600
Feet
Data Source: FEMA National Flood Hazard Layer (NFHL)
September 2021
578
§¨¦5
§¨¦5
N El Camino Real Camino Cap istrano
N El Cam ino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Costa
S an Juan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente
Figure S-3
0 1,650 3,300 6,600
Feet
Data Source: Source: California Geological Survey, California Department of Conservation September 2021

TSUNAMI POTENTIAL INUNDATION MAP
2021 Tsunami Hazard Area
Outside 2021 Hazard Area
579

SAN JUAN CAPISTRANO
DANA
POINT

UNINCORPORATED
COUNTY

ORANGE COUNTY

SAN DIEGO COUNTY

P A C I F I C O C
EA
N

MARINE CORPS BASE

CAMP PENDLETON
§¨¦5
§¨¦5
N El Camino Real
Avenida Pico
Coast Hwy
San
Juan
Creek Rd
S El Camino Real
Avenida la Pata
Camino
de
Estrella
Camino
de
Los
Mares
Valle
Rd
Camino
Capistrano
Avenida Pico
Avenida
del Presidente
Camino Capistrano
Portico del Norte
Calle
del Cerro
Avenida Pico
Avenida Vista
Hermosa
La
Novia Ave

EXISTING ROADWAY AND RAIL NOISE CONTOUR MAP
Figure S-4a
Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
Railroad
0 1,300 2,600 5,200Feet
CNEL = Community Noise Equivalent Level
6/25/2015
580

SAN JUAN CAPISTRANO
DANA
POINT

UNINCORPORATED
COUNTY

ORANGE COUNTY

SAN DIEGO COUNTY

P A C I F I C O C E A N

MARINE CORPS BASE

CAMP PENDLETON
§¨¦5
§¨¦5
N El Camino Real
Avenida Pico
Coast Hwy
San
Juan
Creek Rd
S El Camino Real
Avenida la Pata
Camino
de
Estrella
Del Obispo St
Camino
Capistrano
Camino
de
Los
Mares
Valle
Rd
Avenida Pico
Avenida
del Presidente
Camino Capistrano
Portico del Norte
Calle
del Cerro
Avenida Pico
Avenida Vista
Hermosa
La
Novia Ave

FUTURE ROADWAY AND RAIL NOISE CONTOUR MAP
Figure S-4b 0 1,250 2,500 5,000
Feet
7/1/2015
Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
Railroad
CNEL = Community Noise Equivalent Level
581
582
Fire Hazard
Severity Zones
1111 Very High
High
Moderate
Unzoned LRA
Unincorporated
Orange County
Paafic. Ocear
son clemente
centennial
Figure S-6
FIRE HAZARD SEVERITY ZONES (FHSZs) MAP
GIN l r .a L r l ,a lit
Camp Pendleton &
San Diego County
Scale: 1:55,000 N
0■-■2■, 3
c:
5 =
0 =
4 ::J
, 700 W+E
Feet
s 583
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Costa
S an Juan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente

HAZARDOUS MATERIALS SITES MAP
Figure S-7
0 1,650 3,300 6,600
Feet
Data Source: EPA National Pollutant Discharge Elimination System (NPDES) September 2021
Air Facility System (AFS): stationary sources
of air pollution
Hazardous Waste Biennial Reporter (BR)
National Pollutant Discharge Elimination
System (NPDES) module of ICIS: NPDES
surface water permits
Resource Conservation and Recovery Act
Information System (RCRAInfo): tracks
generators, transporters, treaters, storers,
and disposers of hazardous waste
Community Water Systems (SFDW):

Information about public water systems
Toxic Release Inventory (TRI): certain
industries that use, manufacture, treat, or
transport more than 650 toxic chemicals
584
J
J
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b
¹
¹
¹ ¹
¹
¹
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º º
º
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º
º
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¦
¦
¨
¨
¨
ñ
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Cos at
SanJuan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Ave nida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente

CRITICAL FACILITIES MAP
Figure S-8
0 1,650 3,300 6,600
Feet

CRITICAL FACILITIES
ñ CITY HALL
¦¨
r
¹º
Jb

FIRE STATION

MARINE SAFETY

SCHOOLS

METROLINK STATIONS

RESERVOIRS

MUNICIPAL/COMMUNITY SERVICE

UTILITIES STATIONS

UNREINFORCED BUILDINGS

CITY BOUNDARY
585
'- --
Dana Poinf-'-
�
<::<
cJ>
Legend
- Freeway
- Arterials
Fire Hazard Severity Zones
Very High
High
Moderate
Unzoned LRA
Unincorporated
Orange County
Pa I Ocean \
\.
. .
\
\
. .
\ '
• I \
I
.

I
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.

Camp Pendleton &
San Diego County
Scale: 1:55,000 +N O 2,350 4,700 W E
••-===:i Feet
s

EVACUATION MAP
Figure S-9
586
587
City of San Clemente Centennial General Plan
C-1
Morning Break by John White
Coastal Element
San Clemente’s coastline provides many gifts. It is the main influence on our community’s identity, it creates a desirable climate and living environment, it provides stunning scenery and recreational opportunities, it attracts tourists and businesses, and provides marine and shore habitats that are home to diverse plant and animal species. Coastline protection and land use often involve competing interests and needs. These interests must be carefully balanced to ensure long-term coastal protection and an environmentally sustainable future.

The Coastal Zone [link to Coastal Zone page] is a distinct geographic area defined and governed by the California Coastal Act, which establishes distinct legislative requirements [link to Legislative Requirements page] for the use and development in the Coastal Zone. Land use policies in the Coastal Element help guide and are consistent with San Clemente’s Local Coastal Program (LCP) [link to LCP when available].

PRIMARY GOALS:

In developing goals for the Coastal Element, the City relied on the objectives set by the State Legislature in the Coastal Act. Even more important, however, is the realization that the coast is a precious and finite resource, and a fundamental part of our community’s identity. We, therefore, have a deep and abiding responsibility for its long term care.

Accordingly, the primary goals for our Coastal Zone are a Coastal Zone that continues to:

EXHIBIT B
588
City of San Clemente Centennial General Plan
C-2
• Sustain healthy natural habitats, natural resources, coastal canyons and the marine and shoreline environment;
• Protect and enhance water quality;
• Sustain adequate beach sand for recreation, flood protection, environmental and visual quality;
• Be accessible to residents and visitors;
• Be a valued and cherished scenic resource;
• Reflect our cultural and historical identity;
• Preserve the coastal zone as a key part of our beach culture; • Provide recreational and visitor-serving opportunities; and • Be characterized by land uses and development that follow the City’s Local Coastal Program and are consistent with the Coastal Act.

We implement the Coastal Act to the best of our abilities; however, we also recognize its implementation is shaped by existing land uses, street and development patterns, and the availability of funds.

GOAL AND POLICY SECTIONS:

1. Coastal Access and Recreational and Visitor-Serving Opportunities

2. Protecting Sensitive Habitats, Natural Resources, and the Marine Environment

3. Scenic and Cultural Resources

4. Coastal Hazards

GENERAL PLAN FIGURES
• Figure C-1, Coastal Access
• Figure C-2, Environmentally Sensitive Habitat Areas

LINKS TO OTHER GENERAL PLAN INFORMATION
• Los Molinos Focus Area [link to LM Focus Area page]
• North Beach/N. El Camino Real Focus Area [link to NB/NECR Focus Area page] • Del Mar/T-Zone Focus Area [link to DM/TZ Focus Area page] • Pier Bowl Focus Area [link to PB Focus Area page]
• South El Camino Real (West of Interstate 5) Focus Area [link to SECR/W I-5 Focus Area page]
• General Plan Glossary [link to Glossary]

ADDITIONAL LINKS
• Local Coastal Program [staff to provide link]
• San Clemente Community Profile
[http://san-clemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf] • San Clemente Vision and Strategic Plan
[http://san-clemente.org/sc/standard.aspx?pageid=558]
• Zoning Ordinance
589
City of San Clemente Centennial General Plan
C-3
[http://library.municode.com/index.aspx?clientId=16606&stateId=5&stateName=California] • Pier Bowl Specific Plan [http://san-clemente.org/sc/standard.aspx?pageid=443] • West Pico Corridor Specific Plan [http://san-clemente.org/sc/standard.aspx?pageid=443] • Marblehead Coastal Specific Plan [http://san-clemente.org/sc/standard.aspx?pageid=443] • Parks and Recreation Master Plan [http://san-clemente.org/sc/Inf/Plans/Facilities/Mfdp6.pdf] • City Landscape Ordinance [staff to provide link]
• California Coastal Act [http://www.coastal.ca.gov/coastact.pdf] • California Coastal Commission [http://www.coastal.ca.gov/] • Coastal Zone (-CZ) Overlay District
• City of San Clemente Urban Runoff Water Management Plan [staff to provide link] • Regional Water Quality Management Board [http://www.waterboards.ca.gov/rwqcb8/] Legislative Requirements

COASTAL ACT
The United States Congress passed the Coastal Zone Management Act [http://coastalmanagement.noaa.gov/czm/czm_act.html] in 1972, which:
• Established a national policy “to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's Coastal Zone for this and succeeding generations.”
• Encouraged States to implement management programs for the use of coastal land and water resources, “giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development.” The California State Legislature enacted the Coastal Act [http://www.coastal.ca.gov/coastact.pdf] in 1976 to ensure the protection of California's coastline by regulating human land uses and development within the Coastal Zone. It also established the California Coastal Commission [http://www.coastal.ca.gov/] as the management and regulatory agency to protect and enhance Coastal Zone resources.

The basic goals of the Coastal Act are to:
• Protect, maintain and, where feasible, restore and enhance the Coastal Zone’s natural and manmade resources;
• Ensure orderly, balanced conservation and utilization of Coastal Zone resources, taking into account the social and economic needs of the people of the state; • Maximize public access to and along the coast and public recreational opportunities in the Coastal Zone, consistent with best resource conservation principles and practices, and with constitutionally protected rights of private property owners;
• Ensure that coastal-dependent and coastal-related development have land use priority over other types of coastal development; and
590
City of San Clemente Centennial General Plan
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• Coordinate with state and local agencies and to encourage beneficial public uses, including educational uses, in the Coastal Zone.

IMPLEMENTATION OF THE COASTAL ACT
The Coastal Act requires each coastal community in California to develop and adopt a Local Coastal Plan (LCP) [staff to provide link when completed]. The LCP serves as the long-term management plan for areas within the Coastal Zone.

The Coastal Act defines an LCP as “a local government’s land use plans, zoning ordinances, zoning district maps, and, within sensitive coastal resources areas, other implementing actions, which, when taken together, meet the requirements of, and implement the provisions and policies of [the Coastal Act] at the local level.” An LCP consists of: 1) a Land Use Plan and 2) an Implementation Plan.
• The Local Coastal Program Land Use Plan [staff to provide link; this is not the same as the General Plan Land Use Plan page in the Land Use Element] indicates the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions. • The Local Coastal Program Implementation Plan [staff to provide link; this is not the same as the General Plan Strategic Implementation Plan] consists of the zoning ordinances, zoning district maps, and other legal instruments necessary to implement the land use plan.

The Coastal Element and other parts of the General Plan comprise the required Local Coastal Program Land Use Plan of the Local Coastal Program (LCP), and, in combination with the updated Zoning Ordinance [http://library.municode.com/index.aspx?clientId=16606], will help meet requirements to prepare the City’s LCP. The Coastal Element must be certified by the Coastal Commission, which will ensure the Element reflects San Clemente’s coastal issues and concerns and meets statewide goals and policies. A description of how this Coastal Element conforms to statewide goals, as embodied in the Coastal Act, is contained within the Coastal Element Readers Guide (link to separate page). When the City updates its Zoning Ordinance to conform to the Centennial General Plan, the State Coastal Commission will review the updated Ordinance for compliance with the Coastal Act.

After certification of the LCP, coastal development permit authority in most areas of the Coastal Zone will transfer to the City. The Coastal Commission will retain original permit jurisdiction over areas such as submerged lands, tidelands, and public trust lands and appellate authority over local development approvals in specified geographic areas [link to Map of Coastal Commission Areas of Jurisdiction] and major public works projects in the coastal zone. In authorizing coastal development permits, the City must make the finding that the development conforms to the certified LCP. By achieving LCP State certification, the City gains greater autonomy and efficiency in managing land use and environmental protection within its jurisdiction.
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City of San Clemente Centennial General Plan
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LINKS TO OTHER GENERAL PLAN INFORMATION
• General Plan Glossary

ADDITIONAL LINKS
• Zoning Ordinance [http://library.municode.com/index.aspx?clientId=16606] • California Coastal Act [http://www.coastal.ca.gov/coastact.pdf] • California Coastal Commission [http://www.coastal.ca.gov/] • Coastal Zone (-CZ) Overlay District (location TBD)
• Map of Coastal Commission Areas of Jurisdiction
Coastal Zone
Our shoreline stretches over four and one-half linear miles; however the Coastal Zone includes more than simply the beach. It also includes a wide variety of residential, commercial, industrial, public and visitor-serving uses in an area west of Interstate 5, comprising approximately three square miles. The official boundaries of our Coastal Zone are shown on Figure LU-1A [link to land use map with Coastal Zone boundary].

A description of the physical features and development patterns of our Coastal Zone is provided in the Community Profile.
[http://san-clemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf]

LINKS TO OTHER GENERAL PLAN INFORMATION
• Land Use Map [link to Figure LU-1]
• Land Use Designations [link to Land Use Summary page]

ADDITIONAL LINKS
• Local Coastal Plan [staff to provide link when available] • San Clemente Community Profile [http://sanclemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf] • Zoning Ordinance [http://library.municode.com/index.aspx?clientId=16606] Coastal Access and Recreational and Visitor-Serving
Opportunities
Maximum public coastal access is a fundamental goal of the Coastal Act [http://www.coastal.ca.gov/coastact.pdf] and a key part of San Clemente’s charm. But the Coastal Act goes beyond just ensuring physical access. It also emphasizes the importance 592
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of recreation and visitor-serving land uses that meet a wide range of incomes and interests.

As identified on the Coastal Access Map [link to Figure C-1] and descriptions, San Clemente offers many opportunities to use and enjoy the coast. These include many public beaches, the historic Municipal Pier, the Ole Hanson Beach Club, ocean front parks, the California Coastal Trail, which includes the City’s Beach Trail. The Beach Trail parallels Amtrak and Metrolink train facilities in San Clemente and connects to public access trails that link the community with the Pacific Ocean. San Clemente also provides visitor-serving commercial uses in the Coastal Zone, particularly within Los Molinos, North Beach, El Camino Real, Del Mar/T-Zone, and Pier Bowl areas. Visitor-serving facilities include hotels, motels, bed and breakfast inns, a youth hostel, time share units, campgrounds, restaurants, public parking lots, specialty retail, and other commercial recreational development.

GOAL:

Create and maintain outstanding public access and recreational and visitor-serving opportunities in the Coastal Zone, consistent with effective resource conservation practices and the protection of private property rights.

POLICIES:

C-1.01. Coastal Access. We establish, maintain, and, where feasible, expand public coastal access to the shoreline, beaches, tidelands, and recreational facilities in a manner that is inclusive and accessible for all residents:
a. Maximizes public access [link to Glossary] to and along the shoreline; b. Is safe and feasible;
c. Includes, where appropriate, pedestrian, hiking, bicycle, and equestrian trails;
d. Provides connections to beaches, parks, and recreational facilities and trail networks with adjacent jurisdictions;
e. Includes, where appropriate, well designed and maintained support facilities such as parking, restrooms, fire pits, trash facilities, resting/view places, snack bars, picnic tables, and bike racks.
f. Maximizes public coastal views;
g. Facilitates alternative modes of transportation, such as walking, bicycling, and public transit, including local shuttles;
h. Is consistent with policies regarding hazards, bluff, resource, cultural resource and wildlife habitat preservation;
i. Minimizes alterations to natural landforms;
j. Protects environmentally sensitive habitat areas (ESHAs); k. Meets facility needs to provide public safety services, including lifeguards, fire, and police service;
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l. Is managed to be permanently available;
m. Balances the rights of individual property owners with the public's rights of access;
n. Considers equitable access to opportunities and resources across different community populations and circumstances;
o. Is compatible with adjacent development; and
p. Is developed in cooperation with the State Department of Parks and Recreation, the State Department of Fish and Wildlife, the State Coastal Conservancy, State Lands, the County of Orange, and private organizations.

C-1.02. Public Access in New Development. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where:
a. It is inconsistent with public safety, military security needs or the protection of fragile coastal resources;
b. Adequate access exists nearby; or
c. Agriculture would be adversely affected.

C-1.03. Where Public Access is Required. New developments lying between the first public roadway and the shoreline shall provide both physical and visual access to the coastline. Access dedication requirements shall apply only to the extent permissible under the "takings" clauses of the United States and California Constitutions.

C-1.04. Preserving Public Access. We review proposals for coastal land use and development to ensure they do not interfere with the public's right of access by ensuring that:
a. Public Transit needs are accommodated, as required by OCTA; b. Commercial and visitor-serving commercial uses are located near housing to encourage walking and bicycling;
c. Non-automobile mobility options are provided within new development; d. Adequate parking facilities, or a substitute means of serving the development with public transportation, is provided;
e. Proposals are consistent with public safety and security needs; f. Proposals protect fragile coastal resources and effectively mitigate potential impacts;
g. Public coastal access is provided unless there is a convenient and easily accessible alternative nearby;
h. Gates, guardhouses, barriers, or other structures that would inhibit public access to and along the shoreline and to beaches, coastal parks, trails, or coastal bluffs are generally not permitted, with the exception of devices 594
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associated with safe access along and across the railroad.

C-1.05. Non-vehicular Access. We promote non-vehicular access in the Coastal Zone to minimize parking conflicts and to enhance our ability to serve regional visitors.

C-1.06. Public Infrastructure. We protect, maintain and enhance public infrastructure that provides public access to the shoreline, beaches, coastal parks, and trails, including the City’s Beach Trail.

C-1.07. California Coastal Trail. We support establishment of the California Coastal Trail by others and where financially feasible, assist in its implementation.

Recreation
C-1.08. Recreational Opportunities. We protect, and where feasible, expand and enhance recreational opportunities in the Coastal Zone as addressed in the Land Use Element [link to Homepage] and Beaches, Parks and Recreation Element [link to BPRE Homepage].

C-1.09. Lower-cost Recreational Opportunities. We establish and maintain public beaches and parks to provide free and lower-cost recreational opportunities.

C-1.10. Visual Compatibility. We maintain, improve and develop our recreational resources in ways that are visually compatible with the character of surrounding areas.

Visitor-Serving
C-1.11. Visitor-serving Facilities. We protect, promote, and provide sustainablydesigned recreational and visitor-serving facilities in San Clemente's Coastal Zone as described in the General Plan Land Use Designations [link to Land Use Summary page].

C-1.12. Pacific Coast Bicycle Route. We support the continued improvement of the Pacific Coast Bicycle Route [http://www.adventurecycling.org/routes/pacificcoast.cfm] and where financially feasible, assist in its implementation.

C-1.13. Recreational Fishing. The City supports recreational coastal fishing.

C-1.14. Overnight Accommodations. We protect, encourage and, where feasible, provide low cost overnight accommodations in the Coastal Zone, including the possibility of a youth or elder hostel.

LINKS TO OTHER GENERAL PLAN INFORMATION
• Figure C-1, Coastal Access Map
• General Plan Land Use Designations Summary Table [link to Land Use Summary page] • Beaches, Parks and Recreation Element [link to BPRE Homepage] • Historic Preservation Element [link to HPE Homepage]
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ADDITIONAL LINKS
• Coastal Access Descriptions [link to separate file]
• Zoning Ordinance
http://library.municode.com/index.aspx?clientId=16606&stateId=5&stateName=California • California Coastal Act [http://www.coastal.ca.gov/coastact.pdf] • Beaches, Parks and Recreation Master Plan [staff to provide link] • Local Coastal Program [staff to provide link when available] Protecting Sensitive Habitats, Historical and Natural
Resources, and the Marine Environment
San Clemente is committed to restoring, preserving and enhancing marine resources and Environmentally Sensitive Habitat Areas (ESHAs) [link to Glossary], including wetlands, reefs, estuaries, riparian areas, sand dunes and other natural habitats in the Coastal Zone.

ESHAs in San Clemente's Coastal Zone are depicted in Figure C-2 [link to figure] and include habitats of rare or endangered species, and several coastal canyons which contain California native plant communities. Development of land in and adjacent to the canyons is subject to the canyon preservation policies addressed in the Zoning Ordinance Coastal Zone (-CZ) Overlay District
[http://library.municode.com/HTML/16606/level2/TIT17ZO_CH17.56OVDIST.html#TIT17ZO_CH17.56OVD IST_17.56.050COZOOVDI].

Critical components of our marine environment are the protection and enhancement of water quality. Non-point source (NPS) polluted runoff is a leading cause of ocean, estuary and freshwater stream pollution. Consequently, the federal government mandates that states address the issue. In California, the Coastal Commission and the State Water Quality Control Board have developed a joint, non-point source pollution control program [http://www.waterboards.ca.gov/water_issues/programs/nps/protecting.shtml] that provides a unified, statewide approach to dealing with NPS pollution. We aggressively address water quality through measures contained in the Municipal Code, Chapter 13.40, Stormwater Runoff Control
[http://library.municode.com/HTML/16606/level2/TIT13PUSE_CH13.40STRUCO.html#TOPTITLE], and through our Clean Ocean Fee Program (Chapter 13.34)
[http://library.municode.com/HTML/16606/level2/TIT13PUSE_CH13.34CLOCFEPR.html#TOPTITLE] to fund and implement planning, design, and implementation of applicable local, State, and Federal storm water regulations.

In addition, the impacts of non-native, invasive species on native plant and animal marine resources are a growing concern statewide. This issue is addressed below and in the Zoning Ordinance, Coastal Zone (-CZ) Overlay District
[http://library.municode.com/HTML/16606/level2/TIT17ZO_CH17.56OVDIST.html#TIT17ZO_CH17.56OVD IST_17.56.050COZOOVDI].
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GOAL:

Ensure San Clemente’s Coastal Zone environment is protected, maintained and, where feasible, enhanced, including its significant plant and wildlife species and natural, historical and human-made resources.

Policies
C-2.01. Beach and Marine Environment. We provide a litter-free and enjoyable beach and marine environment.

C-2.02. Development Proposals. We protect the natural resources found in the Coastal Zone by evaluating development proposals, as required under the California Environmental Quality Act and as described in the Zoning Ordinance.

C-2.03. Stormwater and Urban Runoff Management. We protect our coastal and marine resources by implementing the Clean Ocean Program to address stormwater and urban runoff pollution and comply with applicable Federal, State and regional requirements.

C-2.04. Cultural Resources. We protect cultural resources, including historical, archaeological or paleontological features in the Coastal Zone, as further described in the Natural Resources Element, Archaeological and Paleontological Resources section [link to section] and the Historic Preservation Element [link to HPE Homepage].

C-2.05. Natural Resources. We protect natural resources by restricting the encroachment of development, incompatible land uses and sensitive habitat disturbance into designated coastal canyon and coastal bluff areas, consistent with the Local Coastal Program.

C-2.06. Native Landscaping. We ensure that new landscaping for new development in coastal bluffs, coastal canyons or sensitive habitat areas or ESHAs within the Coastal Zone uses primarily plants that are native to the local region, as described in Zoning Ordinance, Coastal Zone (-CZ) Overlay District [http://library.municode.com/HTML/16606/level2/TIT17ZO_CH17.56OVDIST.html#TIT17ZO_CH1

7.56OVDIST_17.56.050COZOOVDI], and prohibit the planting of invasive plant species.

C-2.07. Landscape Restoration. We encourage restoration of native landscaping in coastal canyon and bluff areas to reduce erosion and maintain natural open space areas.

C-2.08. Wetlands. We recognize and protect wetlands for their scenic, recreational, water quality, and habitat values.

C-2.09. Coordination with State and Federal Agencies. We work with the state and federal resource protection agencies, businesses, private organizations and individuals to protect our natural and marine resources. 597
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C-2.10. ESHAs. We protect Environmentally Sensitive Habitat Areas (ESHAs) by restricting development in ESHAs consistent with the Local Coastal Program and the California Coastal Act [http://www.coastal.ca.gov/coastact.pdf].

C-2.11. Uses within the Marine Environment. We require that uses of and in the marine environment be conducted to 1) maintain the long-term biological productivity of coastal waters, 2) help ensure the continuation of a healthy, selfrenewing marine ecosystem, and 3) help ensure the long-term survival of healthy populations of marine plants and animals.

C-2.12. Non-Native Species. We seek to prevent the introduction, reproduction or spread of harmful non-native plant and animal species through public education, maintenance of marine facilities and by assisting local, state and federal agencies enforce laws protecting marine resources. The City will consider restoration of open space areas and removal of invasive plants.

LINKS TO OTHER GENERAL PLAN INFORMATION
• Land Use Map [link to Figure LU-1]
• Land Use Designations [link to Land Use Summary page] • Public Services, Facilities and Utilities Element, Water and Wastewater Section [link to this section]
• Public Services, Facilities and Utilities Element, Storm Water and Urban Runoff Section [link to this section]

ADDITIONAL LINKS
• San Clemente Community Profile [http://sanclemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf] • Zoning Ordinance
[http://library.municode.com/HTML/16606/level1/TIT17ZO.html#TOPTITLE] • Coastal Act [http://www.coastal.ca.gov/coastact.pdf]
• Provide link to Urban Runoff Management Plan [http://ci.sanclemente.ca.us/sc/Org/Dept/Engineering/WaterQ/wq.htm] • Regional Water Quality Management Board
[http://www.swrcb.ca.gov/rwqcb9/board_info/agendas/2010/dec/Dec10.shtml] Scenic and Cultural Resources
San Clemente residents and visitors enjoy spectacular scenic resources and unique cultural resources, as described in the Community Profile [http://sanclemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf]. The Coastal Act [http://www.coastal.ca.gov/coastact.pdf] policies require the protection of scenic coastal areas 598
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and the preservation of cultural resources. Scenic resources include coastal bluffs, coastal canyons, natural landforms and designated scenic view corridors from publicly-owned properties and along or through public rights-of-way, as defined in the Coastal Act and/or designated by the City.

Historic and cultural resources include sites, districts, structures and distinctive landscapes that convey the City’s unique cultural, historical, or architectural heritage.

Distinctive cultural resources in the Coastal Zone are located in, but are not limited to, the Del Mar/T-Zone, North Beach, Los Molinos and Pier Bowl areas, as further discussed in the Land Use Element [link to LUE Homepage].

GOAL:

Continue to be a community that places high priority on the preservation and enjoyment of our scenic and cultural resources.

POLICIES:

C-3.01. Visual Character and Aesthetic Resources Preservation. We preserve the visual character and aesthetic resources of the City, including coastal bluffs, visually significant ridgelines, and coastal canyons, open spaces, prominent, mature trees on public lands, and designated significant public views [link to Glossary] as discussed in the Natural Resources Element, Aesthetic Resources Section [link to section].

C-3.02. Scenic View Corridors and Public Views. We identify and designate the location and orientation of significant designated scenic view corridors and significant public views. (See Glossary for definitions of “significant view corridors” and “significant public views.”
C-3.03. Architectural, Historical, Archaeological and Cultural Resource Preservation and Restoration. We provide for the preservation and restoration of the sites, structures, districts and cultural landscapes which have architectural, historical, archaeological, and/or cultural significance as described in the Historic Preservation Element [link to Historic Preservation Element Homepage] and the Natural Resources Element, Archaeological and Paleontological Resources Section [link to section].

C-3.04. Development Review. We review and require changes to development proposals, as needed, to minimize obstructions of designated significant public views and designated scenic view corridors, and to ensure public and private development projects in the Coastal Zone are of high-quality materials and designed to be attractive and aesthetically compatible with adjacent structures, site improvements, utilities and landscape features, as further described in the Urban Design Element [link to Urban Design Element Homepage].

LINKS TO OTHER GENERAL PLAN INFORMATION
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• Figure NR-1, Aesthetic Resources

Another hazard is the loss of beach sand and other sedimentary deposits which are critical to the protection of coastal lands and bluffs and for public safety, recreation and wildlife habitat. A major provision of the Coastal Act [http://www.coastal.ca.gov/coastact.pdf] is to manage coastal hazards, reduce risks to life and property, avoid substantial changes to natural landforms and minimize the need for protective structures.

GOAL:

Continue to be a community that minimizes its exposure to coastal hazards and plans for emergency response and recovery from hazardous events.

POLICIES:

C-4.01. Avoidance. We first seek hazard avoidance as the primary method of minimizing exposure to coastal hazards.

C-4.02. Hazards Review. We review applications for new development, land divisions and plan amendments to determine the presence of hazards and, if they are present, ensure the hazards are avoided and/or mitigated, as discussed in the Safety Element [link to Safety Element Homepage].

C-4.03. Sand Protection, Enhancement and Restoration. Wide beaches provide critical protection against storm surges and tsunami run-up, and we participate in state and regional initiatives that address the protection, enhancement, and restoration of sand and other sedimentary deposits on our coastal beaches.

C-4.04. Sea Level Rise Monitoring. We monitor the issue of potential future sea level rise, both in the short term via permitting actions and in the long-term to address future development impacts along the shoreline. 600
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C-4.05. Sea Level Rise Protection. We require shoreline development and necessary bluff retention devices to be sited and designed to take into account predicted future changes in sea level. New structures shall be set back a sufficient distance landward or be designed to eliminate or minimize, to the maximum extent feasible, hazards associated with anticipated sea level rise, as established by Federal or State authorities, over the expected economic life of the structure.

C-4.06. Ongoing Study. We support efforts by other agencies to study the potential impacts of continued and accelerated sea level rise and flooding of waterways on existing or proposed structures within all development zones, including impacts to development zones, traffic flow, public access, natural areas and water quality.

LINKS TO OTHER GENERAL PLAN INFORMATION
• General Plan Safety Element [link to Safety Element Homepage]

OTHER LINKS
• Management of Beach Facilities Policy [staff to provide link] • San Clemente Community Profile
[http://san-clemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf] • Coastal Act [http://www.coastal.ca.gov/coastact.pdf]
• Zoning Ordinance
[http://library.municode.com/index.aspx?clientId=16606&stateId=5&stateName=California] • Info on Climate Change/Sea Level Rise
[http://www.coastal.ca.gov/climate/SeaLevelRise2001.pdf] Implementation Measures
General Plan Implementation Measures are contained in the Strategic Implementation Program (SIP). The SIP contains Implementation Measures for one-time projects that end with a specific goal, and ongoing projects that requires routine activity with no specified end date. The SIP is updated by the City Council with the City budget and Long-Term Financial Plan (LTFP) to ensure the effective implementation of the Centennial General Plan. This coordination ensures that the General Plan remains a dynamic, up to date, responsive guide to public decision making and expenditures.

Click here to access Implementation Measures for this element in the latest Strategic Implementation Program.
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Dusk by Lisa Mozzini-McDill
Natural Resources
Natural resources shape our community. San Clemente’s scenic shoreline [link to Glossary], hillsides and canyons inspire residents and visitors alike and help define our community’s identity as the Spanish Village by the Sea. Properly managed, our natural resources provide stunning views, relief from the built environment, valuable watershed and wildlife habitat, enhanced property values and recreational opportunities: benefits that contribute to San Clemente’s health and prosperity and make it a desirable place in which to live, work and play.

California state law requires that general plans include two different but complementary chapters addressing natural resources: the Conservation Element and the Open Space Element. In this General Plan, these chapters are combined into the Natural Resources Element. Other chapters that also address natural resources include the Beaches, Parks and Recreation, Coastal, and Public Services, Facilities and Utilities Elements.

This Element establishes goals and policies aimed at preserving and enhancing the City’s biological, aesthetic, archaeological, mineral, air quality, and energy resources. Related goals and policies regarding our urban forest, water resources, solid waste management, and historic resources are included in the Urban Design; Public Services, Facilities and Utilities; and Historic Preservation Elements.

EXHIBIT C
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PRIMARY GOAL:

Restore and protect natural resources so that they continue to enhance our community identity and provide environmental, aesthetic, economic, and health benefits.

GOAL AND POLICY SECTIONS:

1. Biological Resources

2. Aesthetic Resources

3. Archeological and Paleontological Resources

4. Mineral Resources

5. Air Quality

6. Energy Conservation

7. Dark Skies

8. Climate Action Plan

ADDITIONAL LINKS
• San Clemente Community Profile
[http://san-clemente.org/sc/Services/Planning/Centennial/SCProfile_FINAL.pdf] • San Clemente Vision and Strategic Plan
[http://san-clemente.org/sc/standard.aspx?pageid=558]
Biological Resources
San Clemente encompasses significant natural open space areas, including coastal canyons, riparian corridors, and coastal sage scrub-covered hillsides that are home to a variety of native plant and animal species. With much of the City built out, protecting our remaining biological resources for future generations is both a value and a necessity.

San Clemente falls within the area covered by the Orange County Southern Subregion Habitat Conservation Plan (HCP), a multiple species/multiple habitat conservation plan designed to protect 32 species and ten habitat types, including seven Federally listed species. The HCP covers a planning area of 138,000 acres and creates a permanent habitat reserve of about 33,000 acres and perpetual land management program, while allowing certain development (including infrastructure). The HCP’s planning area is comprised of coastal sage scrub, riparian, chaparral, and grassland habitat and includes threatened and endangered species including Riverside and San Diego Fairy Shrimp, Southwestern Willow Flycatcher, Coastal California Gnatcatcher, Arroyo Toad, and Least Bell’s Vireo.

Within the City, the Marblehead Coastal Plan identifies approximately 104.1 acres of private open space to be reserved as a wetland restoration/preservation area. This would include the 2.1-acre Blochman’s Dudleya (Dudleya Blochmanae) Native Plant Preserve at the southern corner of the project site.

One of the region’s significant coastal foothills habitat reserve areas, the Richard and Donna O’Neill Conservancy [http://www.volunteermatch.org/search/org242210.jsp], is located in the City’s Sphere of Influence and in The Reserve at Rancho Mission Viejo. The 603
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Conservancy monitors numerous sensitive habitats and endangered species, manages the land, restores degraded habitats, and provides environmental educational opportunities and habitat-sensitive recreational opportunities.

The overarching aim of this section is to maintain local and regional biological diversity and to protect and enhance sensitive habitats, species and communities. Policies focusing on conservation of coastal bluffs and canyons are included in the Coastal Element.

GOAL:

Protect and restore significant plant and wildlife species and habitats [link to Glossary].

POLICIES:

NR-1.01. Information. We acquire and maintain the most current information available regarding the status and location of sensitive biological elements (species and natural communities) and use this information to guide decisions that could affect biological resources.

NR-1.02. Natural Areas. In natural areas that are undeveloped or essentially so, we require applicants for proposed projects to:
a. avoid significant impacts, including retention of sufficient natural space where appropriate;
b. retain watercourses, riparian habitat, and wetlands in their natural condition;
c. maintain habitat linkages (wildlife corridors) between adjacent open spaces, water sources and other habitat areas and incorporated these into transportation projects and other development projects to maintain habitat connectivity;
d. incorporate visually open fences, or vegetative cover to preserve views, ensure continued access and to buffer habitat areas, open space linkages or wildlife corridors from development, as appropriate; e. locate and design roads such that conflicts with biological resources, habitat areas, linkages or corridors are minimized; and f. utilize open space or conservation easements when necessary to protect sensitive species or their habitats.

NR-1.03. Sensitive Habitats. We prohibit development and grading which alters the biological integrity of sensitive habitats, including Riparian Corridors [link to map of sensitive habitats and riparian corridors] unless no feasible project alternative exists which reduces environmental impacts to less than significant levels, or it is replaced with habitat of equivalent value, as acceptable to the City Council. a. Where no environmentally feasible alternative exists, development within Riparian Corridors shall avoid removal of native vegetation; prevent erosion, sedimentation and runoff; provide for sufficient passage of native and anadromous fish; prevent wastewater discharges and entrapment; 604
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prevent groundwater depletion or substantial interference with surface and subsurface flows; and protect and re-establish natural vegetation buffers.

NR-1.04. Threatened and Endangered Species. We preserve the habitat of threatened and endangered species in place as the preferred habitat conservation strategy.

NR-1.05. Coastal Canyons. We encourage activities which improve the natural biological value, integrity and corridor function of the coastal canyons through vegetation restoration, control of non-native species, and landscape buffering of urban uses and development.

NR-1.06. Habitat Conservation Plan. We support and will follow the U.S. Fish and Wildlife Services Orange County Southern Subregion Habitat Conservation Plan (HCP) and Habitat Management Program.

NR-1.07. Open Space Access. The City maintains and promotes equitable access to open spaces. Natural resources should be inclusive and accessible for all residents.

NR-1.08. Climate Resilience and Co-Benefits. We Incorporate strategies that enhance climate resilience through natural resources planning. This involves identifying how San Clemente’s open spaces can contribute to climate adaptation and mitigation, and correlating these strategies with the Safety Element to ensure a cohesive approach to climate-related hazards.
a. We prioritize vegetation management programs and utilize grant funding for invasive species removals and native landscape restoration on City owned property to improve climate resilience and enhance natural ecosystems. b. We connect private landowners with California Sustainability Group, to access grant funding for vegetation management, invasive species removals and native landscape restoration on HOA owned or privately owned property, to improve climate resilience and enhance natural ecosystems.

LINKS TO OTHER GENERAL PLAN CONTENT:
• Coastal Element [link to Coastal Element Homepage]
ADDITIONAL LINKS:
• Richard and Donna O’Neill Conservancy and the Reserve at Rancho Mission Viejo [http://www.volunteermatch.org/search/org242210.jsp]
• California Environmental Quality Act [http://ceres.ca.gov/ceqa/] • Orange County Southern Subregion Habitat Conservation Plan (HCP) [http://www.fws.gov/carlsbad/HCPs/FAQ%20Orange%20County%20Southern%20Subregion%20H CPsjw%20web.pdf]
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Aesthetic Resources
Framed by the Pacific Ocean to the west, hillsides and ridgelines to the north and east, coastal bluffs and beaches, and with a number of winding canyons traversing the City, San Clemente offers diverse visual resources that enhance our appreciation of the natural landscape and provide relief from the built environment. Aesthetic resources include public views of natural landforms, the City’s Spanish Village by the Sea urban form and colors, natural vegetation colors and textures, and the shoreline and the Pacific Ocean.

These resources help shape the City’s identity.

Our community is dedicated to protecting and enhancing these important resources. This section of the General Plan, in combination with the Urban Design, Land Use, and Mobility and Complete Streets Elements, provides goals and policies aimed at protecting these resources and minimizing or preventing development that detracts from their enjoyment by residents and visitors.

Goals and policies related to the protection of aesthetic resources in specific locations are provided in the Focus Areas [link to Focus Areas page] section of the Land Use Element.

Policies regarding the protection of San Clemente’s beaches and Coastal Canyons are included in the Coastal Element [link to Coastal Element Homepage]. Additional policies aimed at preserving and enhancing the character of the City, including the protection of historic resources, are included in the Historic Preservation [link to Historic Preservation Element Homepage] and Urban Design [link to Urban Design Element Homepage] Elements.

GOAL:

Preserve natural aesthetic resources of the City, including coastal bluffs, beaches, visually significant ridgelines, coastal canyons and significant public view corridors.

POLICIES:

NR-2.01. Hillside Development and Ridgeline Protection. We require that development in hillside areas comply with the Hillside Development Ordinance.

NR-2.02. Coastal Canyon Areas Protection. We preserve designated, undeveloped "natural" coastal canyon areas that were originally intended to be open space buffers, pursuant to the Coastal Element [link to Coastal Element Homepage].

NR-2.03. Coastal Canyon Areas Restoration. We promote the restoration of coastal canyons as a visual resource in a manner that is consistent with the goals of the California Coastal Commission and the City's Coastal Element [link to Coastal Element Homepage].

NR-2.04. Public View Corridors of Ocean. We preserve designated public view corridors to the ocean.

NR-2.05. Street Design. We respect and enhance public view corridors in the design and layout of new streets.
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NR-2.06. Parks and Trails. We locate and design parks and trails to take advantage of ocean, canyon and hillside views.

NR-2.07. Underground Utilities. The City will develop and implement a utilities undergrounding plan to avoid the adverse impacts to aesthetic resources caused by public utilities and unmanned telecommunications facilities, where feasible and where costs of such undergrounding does not pose economic hardship. Where undergrounding is determined by the City to not be physically possible, such features shall be located and designed to reduce their visibility and in developed areas, consistent with prevailing architectural character and scale. In beaches, parks and open spaces areas, such facilities shall be designed and located to blend in with natural colors, textures and landforms.

NR-2.08. Trees as Screening Tool. Where screening of public utilities and/or telecommunication facilities is determined by the City to be desirable, the strategic location, selection, planting and maintenance of trees or other plant materials will be considered as a tool for screening or redirecting views NR-2.09. Public View Corridors. The City will preserve and improve the view corridors, as designated in Figures NR-1 and NR-2 and encourage other agencies with jurisdiction to do so. Specifically, in its capital improvement programs and discretionary approvals, the City will seek to ensure that:
a. Development projects shall require a view analysis to ensure they do not negatively impact a public view corridor.
b. Utilities, traffic signals, and public and private signs and lights shall not obstruct or clutter views, consistent with safety needs. c. Where important vistas of distant landscape features occur along streets, street trees shall be selected and planted so as to facilitate viewing of the distant features.

GENERAL PLAN FIGURES
• Figure NR-1, Aesthetic Resources Map (Citywide)
• Figure NR-2, Aesthetic Resources Map (North Beach and Pier Bowl) LINKS TO OTHER GENERAL PLAN CONTENT:
• Land Use Element, Focus Areas [link to Focus Areas page] • Circulation Element (Scenic Corridors) [link to Roadway System page, which is where Scenic Corridors policies are included]
• Coastal Element [link to Coastal Element Homepage]
ADDITIONAL LINKS:
• San Clemente Coastal Bluffs and Canyons Management Guidelines [http://sanclemente.org/sc/inf/Current/CoastalCanyons/Guidelines.pdf] 607
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• San Clemente’s Coastal Canyons and Bluffs Information [http://sanclemente.org/sc/Inf/Forms/Planning/Download/430700%20San%20Clemente's%20Coastal%20Can yons%20and%20Bluffs%20brochure.pdf]
• Ordinance No. 1307. A City ordinance that establishes setback standards for ancillary improvements to coastal canyon and bluff properties. [http://sanclemente.org/sc/inf/Current/CoastalCanyons/Ord1307.pdf] Archeological and Paleontological Resources
The City of San Clemente protects its archeological and paleontological resources. These resources are sometimes exposed during development-related activities such as grading and construction. Federal and state regulations guide their assessment, handling and preservation. State law also requires consultation with local Native American tribes during local planning processes to ensure that archeological and cultural resources are protected, preserved and archived.

GOAL:

Protect archaeological and paleontological resources in a manner which preserves history or cultural traditions, provides scientific or cultural knowledge or provides educational value.

POLICIES:

NR-3.01. Project Impacts. We require assessment and mitigation of potential impacts to archaeological and paleontological resources as part of applications for general plan amendments, zoning changes, or any projects requiring environmental review per the California Environmental Quality Act (CEQA).

NR-3.02. Notification. We require the notification of cultural organizations, including California Native American organizations, of proposed projects that have the potential to adversely impact archaeological or cultural resources.

NR-3.03. Inventory of Archeological and Paleontological Resources. We maintain up-to-date information regarding archaeological and paleontological resources and contact information for responsible organizations and qualified individuals who can analyze, record, and preserve findings.

ADDITIONAL LINKS:
• CEQA Documentation of Archaeological and Paleontological Resources [TBD] • Senate Bill 18 (Consultation with California Native American Tribes) [http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0001-
0050/sb_18_bill_20040930_chaptered.html]
Mineral Resources
California’s Surface Mining and Reclamation Act of 1975 focused on the continuing need for mineral resources and required that significant impacts of surface mining be 608
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mitigated. The California Geological Survey Minerals Resources Project helps chart information on nonfuel mineral production.

Given the extensive exploration for mineral resources that has occurred in Southern California, it is doubtful that significant (economically viable), undiscovered mineral resources exist within the City.

Policies in this section seek to ensure consistency with State regulations, compatibility with adjacent uses, and protection of environmental resources.

GOAL:

Properly manage mineral resources and protect land uses and environmental resources near mining or mineral extraction operations.
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POLICIES:

NR-4.01. Mineral Resource Extraction. We do not permit extraction of significant mineral resources, except for sand and gravel mining for use in beach sand replenishment, including such extraction as an interim use prior to development.

NR-4.02. Offshore Oil Drilling and Support Facilities. We oppose offshore oil drilling and Liquified Natural Gas facilities, and prohibit on-shore support facilities for such extraction uses.

NR-4.03. Compatibility. We ensure that mining activities are compatible with adjacent uses by reviewing and applying appropriate conditions of approval.

NR-4.04. Discretionary Approval. We require that specific development proposals for mineral extraction and all reclamation plans be subject to the discretionary approval of the Planning Commission and City Council.

NR-4.05. Project Impacts. We require assessments and mitigation of potential impacts to mineral resources as part of applications for general plan amendments, zoning changes, or any projects requiring environmental review per the California Environmental Quality Act (CEQA), consistent with the Surface Mining and Reclamation Act (SMARA).

NR-4.06. Sensitive Design. We require resource extraction operations be designed to maintain the integrity of areas of "high environmental quality" and scenic areas designated by the City.

ADDITIONAL LINKS:
• Surface Mining and Reclamation Act
[http://www.conservation.ca.gov/omr/smara/Pages/index.aspx] Air Quality
The City of San Clemente lies in the South Coast Air Basin (SoCAB), which includes all of Orange County as well as the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties. The Basin is located in a coastal plain with connecting broad valleys and low hills, and is bounded by the Pacific Ocean in the southwest quadrant, with high mountains forming the remainder of its perimeter. Due to its coastal location and prevailing wind patterns, San Clemente enjoys good to excellent air quality. Local air pollutants [link to Glossary] are blown by prevailing winds from much of the basin toward inland areas.

Air pollution generated by mobile and stationary sources in the City of San Clemente is subject to the rules and regulations imposed by the South Coast Air Quality Management District (SCAQMD), the California Air Resources Board (CARB), and the U.S. Environmental Protection Agency (USEPA). Emissions criteria are governed by the California Ambient Air Quality Standards (AAQS) as well as the National AAQS. These standards are designed to protect “sensitive receptors”, or those most susceptible to respiratory distress, such as 610
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persons with asthma, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise.

In addition to air pollutants, state law requires cities to address future impacts on climate change. The California Global Warming Solutions Act of 2006 was the first legislation recognizing the link between global warming and air pollution. This legislation requires cities to reduce cumulative Greenhouse Gases (GHG) emissions due to public and private development projects.

Other goals and policies addressing air pollution and greenhouse gas emissions are included in the Land Use [link to Land Use Element Homepage], Urban Design [link to Urban Design Element Homepage] and Mobility and Complete Streets [link to Mobility and Complete Streets Element Homepage] Elements. These policies address mixed uses, urban forestry, and alternative modes of transportation, among others. Furthermore, the City implements many of these goals and policies through implementation of its Climate Action Plan [staff to provide link] and Bicycle and Pedestrian Master Plan [staff to provide link].

GOAL:

Reduce levels of air pollution and greenhouse gas emissions so that the City meets or exceeds regional, State, and Federal mandates.

POLICIES:

NR-5.01. New Development. We require new development to utilize appropriate SCAQMD [http://www.aqmd.gov] air quality mitigation measures.

NR-5.02. Sensitive Land Uses. We prohibit the future siting of sensitive land uses [link to Glossary], within distances defined by the California Air Resources Board for specific source categories, unless such uses include sufficient mitigation.

NR-5.03. Greenhouse Gases (GHG) Emissions Reductions. We will reduce GHG emissions in accordance with regional, State and Federal regulations*, consistent with the adopted Climate Action Plan.

NR-5.04. Indoor Air Quality. We comply with State Green Building Codes relative to indoor air quality.

NR-5.05. Transportation. We provide non-motorized, multi-modal mobility options (e.g. pedestrian and bicycle facilities) and work with other agencies and organizations to provide transit opportunities to reduce air pollutant emissions.* NR-5.06. Particulate Matter. We support efforts to reduce particulate matter to meet State and Federal Clean Air Standards.

NR-5.07. Street Trees. We maintain a healthy stock of park, public area and street trees and encourage the planting of trees with significant canopies that provide numerous benefits, including reduced urban heat gain, natural shading and wind screening, air filtration, and oxygen production.
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NR-5.08. Beach Fire Pits. We oppose (AQMD) efforts to prohibit the use or reduce the number of fire pits existing in 2014 on San Clemente’s public beaches.

LINKS TO GENERAL PLAN CONTENT:
• Land Use Element [link to Land Use Element Homepage]
• Mobility and Complete Streets Element [link to Mobility and Complete Streets Element Homepage]
• Urban Design Element [link to Urban Design Element Homepage] • Urban Design Element, Urban Forest Section [link to Urban Forest page] ADDITIONAL LINKS:
• San Clemente Climate Action Plan [staff to provide link] • San Clemente Bicycle and Pedestrian Master Plan [staff to provide link] • South Coast Air Quality Management District [http://www.aqmd.gov] • California Air Resources Board [http://www.arb.ca.gov/homepage.htm] • Assembly Bill 32 (AB 32) [http://www.arb.ca.gov/cc/ab32/ab32.htm] • Senate Bill 375 (SB 375) [http://www.arb.ca.gov/cc/sb375/sb375.htm] *Note: Numerous policies are provided throughout the General Plan that address greenhouse gases emissions, including sections on mixed use, public transit, bicycle and pedestrian transportation, and urban forestry, among others. Implementation programs such as those in the Bicycle and Pedestrian Master Plan and Climate Action Plan provide specific measures and actions that improve air quality for the region and reduce impacts on climate change.

Energy Conservation
Whether it is fuel to operate automobiles or electricity to light, heat, and cool buildings, energy is continuously being used to meet our daily needs. Generating enough energy to meet California’s increasing demand calls for sustainable energy resources and practices.

With the passage of State legislation to decrease reliance on fossil fuels and mitigate impacts of global warming, cities must comprehensively address energy management issues.

Electricity
San Diego Gas and Electric (SDG&E) provides electricity to and maintains a distribution network for San Clemente. The City’s electrical grid includes above ground and buried power lines. A major transmission line travels west to east through the City, terminating at State Route 74, also known as the Ortega Highway. SDG&E formerly produced some of its electricity from the now decommissioned San Onofre Nuclear Generating Station (SONGS). The City intends to encourage SONGS’s owners, other energy purveyors and 612
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regulatory agencies to: 1) identify alternative energy sources to help meet local and regional electricity needs, 2) decommission SONGS in a safe and timely manner, and 3) seek a long-term solution for the relocation and storage of fuel rods away from SONGS to a location distant from urbanized areas.

Natural Gas
Southern California Gas Company (The Gas Company) provides natural gas for San Clemente.

Conservation
Both SDG&E and The Gas Company offer conservation programs and assistance for residents, businesses, and property managers. These include rebates for the purchase of energy efficient appliances, equipment, and materials, financial incentives for the installation of renewable energy systems, home energy efficiency surveys and energy calculators.

This section of the Energy Element establishes goals and policies to guide the efficient use, conservation and generation of energy within the community. Policies aimed at reducing the use of fossil fuels for transportation purposes are addressed in the Land Use, Circulation, and Urban Design Elements. Together, the goals and policies of these elements provide the foundation for two key implementation documents: the San Clemente Climate Action Plan [staff to provide link] and San Clemente Sustainability Action Plan [staff to provide link].

GOAL:

Reduce consumption of non-renewable energy sources and ensure efficient use, development and conservation of sustainable, non-polluting energy sources.

POLICIES:

NR-6.01. Conservation Strategy. We require conservation as the first strategy to be employed to meet energy-saving standards.

NR-6.02. Site Planning and New Building Design. We require energy-efficient subdivision, site planning and building design. Measures to be considered include building orientation and shading, landscaping, maximum use of natural daylight, reflectance of building, natural ventilation, active and passive solar heating and hot water system, etc. In establishing these energy related design requirements, we balance energy-efficient design with good planning principles.

NR-6.03. Retrofit of Commercial and Residential Buildings. We encourage and provide incentives for voluntary retrofitting of commercial and residential buildings to reduce energy use.

NR-6.04. Public Buildings. We require all new and substantially renovated City buildings in excess of 10,000 square feet to achieve a LEED Silver Certification standard, as determined by the U.S. Green Building Council, or the equivalent. 613
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NR-6.05. City Operations. We routinely seek ways to improve the energy efficiency of City operations to save energy, reduce consumption of non-renewable materials, reduce municipal costs and set a positive example for the community.

NR-6.06. City Vehicles and Equipment. We purchase and use vehicles and equipment that are fuel efficient and meet or surpass state emissions requirements and/or use no- or low-emission sources of energy, if economically feasible.

NR-6.07. Renewable Energy Resources. We work with other agencies and utility providers to develop safe, economical and renewable energy resources, and we help reduce non-renewable energy use through public education and participation in energy conservation programs.

NR-6.08. Public Awareness. We work with local utilities to develop and provide energy conservation information to the public.

NR-6.09. Reduce Water Consumption. We will continue to help reduce per capita potable water consumption and related energy use through implementation of water conservation programs and through public education and outreach.

NR-6.10. Alternative Fueling Stations. We encourage the private sector to provide vehicle fueling stations that cater to electric and other alternative fueled vehicles and require such facilities for City operations and facilities, where appropriate.

LINKS TO OTHER GENERAL PLAN INFORMATION
• Land Use Element [link to Land Use Element Homepage]
• Mobility and Complete Streets Element [link to Mobility and Complete Streets Element Homepage]
• Urban Design Element [link to Urban Design Element Homepage]

ADDITIONAL LINKS
• Bicycle and Pedestrian Master Plan [staff to provide link] • Climate Action Plan [staff to provide link]
• Sustainability Action Plan
[http://sanclemente.org/sc/Inf/Forms/WaterQuality/Download/550002%20Final%20Sustainability%20Action %20Plan%2015Jun10.pdf]
Dark Skies
A dark sky is the night sky with minimal light impact from urban land uses or structures.

Light intrusion into the night sky obstructs views of astrological features, has been shown to disrupt animal behavior and natural plant cycles, and negatively impact human health.

Focusing lights where they are needed reduces light glare and light pollution, allowing the sky to be observed and enjoyed in a more natural state. Furthermore, strategies to 614
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reduce light impacts can also help conserve energy, lower energy costs and improve safety.

San Clemente’s night skies benefit from being surrounded by areas and uses which emit little or no light: the Pacific Ocean, Camp Pendleton and the open space lands to the east.

In addition, land uses that generate significant amounts of light pollution, such as shopping centers, are limited and concentrated in only limited areas of the City. The City intends to reduce the level of light pollution from 2013 levels, maintain dark skies and explore opportunities to address light trespass.

GOAL:

Minimize light trespass and pollution caused by public and private structures, new development, and public facilities to ensure safety, protection of the natural environment, and preservation of dark nighttime skies.

POLICIES:

NR-7.01. New Residential Development and Remodeling Projects. We require development projects and major remodel projects to minimize light pollution and trespass while enhancing safety and aesthetics.

NR-7.02. Public Facilities, Buildings and Streets. We use outdoor light shielding measures to minimize light trespass and glare while enhancing safety and aesthetics.

NR-7.03. Commercial and Industrial Buildings. We require that site lighting for commercial and industrial uses be unobtrusive and constructed or located so that only the intended area is illuminated, off-site glare is minimized, and adequate safety is provided.

NR-7.04. Public Education and Outreach. We support programs that provide public education on the importance of dark skies and how to protect them. We collaborate with non-profit and other public agencies to help achieve our goals.

ADDITIONAL LINKS
• Zoning Ordinance, Lighting Standards
[http://library.municode.com/HTML/16606/level2/TIT17ZO_CH17.24GEDEST.html#TIT17ZO_CH17. 24GEDEST_17.24.130LI]
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Implementation Measures
General Plan Implementation Measures are contained in the Strategic Implementation Program (SIP). The SIP contains Implementation Measures for one-time projects that end with a specific goal, and ongoing projects that requires routine activity with no specified end date. The SIP is updated by the City Council every other year with the City budget and Long-Term Financial Plan (LTFP) to ensure the effective implementation of the Centennial General Plan. This coordination ensures that the General Plan remains a dynamic, up to date, responsive guide to public decision making and expenditures.

Click here to access Implementation Measures for this element in the latest Strategic Implementation Program.
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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: January 20, 2026 Agenda Item: 9A.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING THE FORMATION OF A STAFF AND

ADVISORY COMMITTEE TO DEVELOP A REQUEST FOR PROPOSALS FOR SAN

CLEMENTE MUNICIPAL GOLF COURSE PRO SHOP SERVICES, INCLUDING

MODIFICATION OF THE REVENUE-SHARING MODEL FOR PRO SHOP AND STARTER

OPERATIONS, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT..body
Fiscal Considerations:

The key fiscal consideration in relation to the San Clemente Municipal Golf Course (Golf Course) is that all revenues and expenditures are exclusively accounted for in the Golf Course Fund (GCF). The GCF does not export revenue to the City’s General Fund and is not supported with revenue from any other source. Therefore, the operational decisions have a direct impact on the financial stability, proper maintenance, and capital investment in the course.

At present, many of the operations of the course are managed by contract. In general, City employees maintain the course, and a private contractor (Dave Cook) conducts a majority of the daily operations. A third entity has leased the restaurant portion of the Golf Course operations.

The revenue necessary to provide the maintenance and daily operations of the golf course includes:
5 Year Average of Golf Course Annual Revenue:
 Green fees, tournament fees, resident card fees = $2.65 million o Golf Course retains 100% of revenue generated
 Driving range revenues = $233,495
o Golf Course retains 25% of revenue generated = $58,374 o Contractor retains 75% of revenue generated = $175,121  Golf lessons revenues = $8,696
o Golf Course retains 10% of revenue generated = $869
o Contractor retains 90% of revenue generated = $7,826
 Golf cart rentals = $950,200 (Golf Course retains 100% of trail fees for private carts) o Golf Course retains 35% of revenue generated = $332,570 o Contractor retains 65% of revenue generated = $617,630  Club House retail sales = $500,746
o Golf Course retains 5% of revenue generated = $25,037 o Contractor retains 95% of revenue generated = $475,709  Equipment Rental and Repair = $5,625
o Golf Course retains 20% of revenue generated = $1,125 641
Meeting Date: January 20, 2026 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
o Contractor retains 80% of revenue generated = $4,500
 Restaurant lease = $98,000 base, about $150,000
o Golf Course retains 100% of revenue generated
 Total Revenue = $4,498,762
o Golf Course Revenue = $3,217,975
o Contractor Revenue = $1,280,787
It is anticipated that increased golf course revenues will be necessary to support proper course maintenance, employee retention, competitive compensation, and planned capital improvements.

As a reminder, the Golf Course does not generate revenue for the City’s General Fund, nor does it receive General Fund support. Rather, it operates as a self-funded enterprise activity.

Summary:

The current operating agreement for the daily operations at the Golf Course expires on December 31, 2026, and the City Council is seeking best practices and optimum operating strategies for the Golf Course in the preparation of a new operating agreement. On November 8, 2025, the City Council directed staff to obtain advice about the future operation of the Golf Course from the Golf Course Committee, and on November 20, 2025, the Golf Course Committee recommended the circulation of a comprehensive Request for Proposals (RFP) to include all operations (excluding course maintenance).

Following an analysis of the recommendation provided by the Golf Course Committee and general best practices for a facility owned by the community, staff has prepared this report adhering to the following guiding principles:

1. Alignment of City Council direction and Golf Course Committee recommendations to the extent possible.

2. Inclusion of strategies to ensure accountability, transparency and accuracy of Golf Course revenues and expenses, and consistent and fair implementation of all Golf Course policies.

Background:

For many years, the Golf Course has been maintained by in-house City staff, while daily Pro Shop operations have primarily been conducted by a private contractor. Over time, there have been minor modifications to this operational model. For example, the Golf Starter position was previously a City employee but was later transitioned to the private operator. However, the overall structure of the model has remained largely consistent.

At the expiration of a long-term contract, it is prudent to review all potential options and determine best practices prior to the issuance of a new contract. Additionally, there are various regulations that apply to the issuance of government contracts, and the regulations change from time to time.

It is essential to recognize that the residents of San Clemente own the golf course, and the City Council has a responsibility to make decisions that are in the best interest of the community, rather than prioritizing the needs of a private contractor or a smaller group of interested residents.

That said, all interests may be aligned: ensuring the Golf Course is operated efficiently, maintained at a high standard, and provides an exceptional experience for golfers. 642
Meeting Date: January 20, 2026 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
By any measurement, the Golf Course is highly regarded for its maintenance, playability, and value. Even with some of the lowest green fees in the region, demand continues to be high, and the course is in remarkable condition. However, some improvements have been identified that need to be addressed to properly maintain the course. Some examples include replacing the current irrigation system, which is aged and ineffective, the wages for the maintenance employees are no longer competitive, and the proposed Golf Course Master Plan calls for some long-term improvements that are not funded. For that purpose, the Council recently increased green fees and directed staff to explore operating options.

On August 5, 2025, the Council directed staff to evaluate future operational models, including a model for full in-house operations. On November 4, 2025, staff presented multiple options ranging from full in-house operation to various hybrid in-house and private contractor models. At that time, the City Council directed staff to obtain input from the Golf Course Committee before returning to the City Council for final consideration. The Golf Course Committee discussed the direction of the City Council on November 20, 2025, and unanimously recommended that all Pro Shop services be conducted through a comprehensive RFP, with Golf Course Committee participation in the development and evaluation of the RFP.

Staff analyzed the recommendation of the Golf Course Committee and determined that the revenue sharing would be critical to maintain adequate revenues to maintain and improve the Golf Course. If the current revenue sharing model remained consistent, any improvements or employee considerations would remain underfunded. However, if the Golf Course retains more of the revenue, there may be less interest in responding to the RFP. If the RFP allowed the successful bidder to retain all revenue from the operations with the exception of greens fees (loss of Golf Course portion of driving range, lessons, cart rental, retail, rental, and repair), the GCF would lose about $418,000 annually, as indicated in more detail in the Fiscal Considerations portions of this report. Additionally, the Golf Course currently provides some limited support services, including computers, office supplies, scorecards, tee sheet software, and certain staffing, such as marshals, that is paid for from the GCF.

As stated, if the City Council chooses to proceed with an RFP that maintains a similar model of in-house City staff conducting a majority of course maintenance and a private contractor conducting a majority of operations, it will be important to identify appropriate revenue sharing.

Equally important will be the inclusion of strategies to ensure the operations are being conducted as anticipated, including:
 Ensuring resident rates are only offered to San Clemente residents with current resident cards.
 As a publicly owned golf course, ensuring fair opportunities for tee times without favoritism.  Accounting for all lessons conducted at the Golf Course.  Accounting for all use of the driving range.
 Ensuring proper tax and revenue reporting.
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CITY OF SAN CLEMENTE 4
Staff initially suggested that certain high-volume, low-overhead functions, such as starter operations, operation of the driving range, and the typical revenue-sharing model of the City’s Beaches, Parks and Recreation Department for golf lessons, could increase the GCF retained revenues. Under the model presented to the Golf Course Committee, these services were projected to generate approximately $783,000 in annual revenue against $244,000 in operating costs, yielding a net positive of approximately $539,000 to the GCF.

Following further discussions, staff would suggest that the additional revenue necessary to improve the course and properly compensate the maintenance employees can be generated through a higher share of revenue or through increases in green fees.

In summary, staff is seeking City Council direction on the future operations of the Golf Course in the following areas:

1. Operational Structure (staff proposes a model similar to the current operational structure).

2. Revenue Generation (increase green fees or identify appropriate revenue sharing needed to generate funds for improvement of the Golf Course and appropriate compensation of maintenance employees).

3. Specific Items Included in a Potential RFP (strategies to ensure accountability, transparency, and accuracy).

To accomplish the task, staff is recommending the formation of a Golf Course RFP Task Force consisting of the City Councilmember liaison to the Golf Course Committee, the City Manager, the Beaches Parks and Recreation Director, and the Chair of the Golf Course Committee. The Task Force would have the responsibility to promulgate an RFP that would include, but would not be limited to:

1. The operational structure of the Golf Course, including which operations will be under the direction of the private contractor.

2. A revenue-sharing schedule that will provide adequate revenue to the Golf Course for maintenance and improvements, but retain competitive revenue for a potential bidder.

3. Specific strategies to ensure accountability, transparency, and accuracy.

For informational purposes, the following documents are available through the City’s online agenda system, providing full background materials on this subject:
 August 5, 2025 – Staff Report: Consideration of In-House Operations for Pro Shop Services.  November 4, 2025 – Staff Report: Operational Options for Pro Shop and Associated Services.  November 20, 2025 – Golf Course Committee Agenda Report and Meeting Minutes. 644
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CITY OF SAN CLEMENTE 5
Council Options:
 Organize a Golf Course RFP Task Force consisting of the City Council liaison to the Golf Course, the City Manager, the Director of Beaches, Parks and Recreation, and the Chair of the Golf Course Committee to develop an RFP for Golf Course daily operations (with the exception of maintenance) with a modified revenue sharing system.  Direct staff to take the necessary actions to prepare and administer an RFP based on City Council direction.
 Direct staff to take alterative action.

Environmental Review/Analysis:

Pursuant to the California Environmental Quality Act (“CEQA”), the proposed actions are categorically exempt from CEQA under Title 14, Section 15301 (Class 1 – Existing Facilities), and Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings), as the action involves no physical changes, no expansion of use, and represent continuation of existing operations within existing facilities.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 26-05 (Attachment 1), which will:

1. Find the action categorically exempt from CEQA under Title 14, Section 15301 (Class 1 – Existing Facilities), and Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings);

2. Create a Golf Course RFP Task Force consisting of the City Council liaison to the Golf Course, the City Manager, the Director of Beaches, Parks and Recreation, and the Chair of the Golf Course Committee to develop an RFP for Golf Course daily operations (with the exception of maintenance) that is similar to the current model but with a modified revenue sharing system that allows additional revenue generation at the Golf Course; and

3. Direct staff to prepare and administer the RFP for Golf Course operations based on direction from the Golf Course RFP Task Force and return to City Council with a recommendation based on an evaluation of the proposals received.
..end
Attachment:

1. Resolution No. 26-05
Notification:

Golf Course Committee
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Attachment 1
RESOLUTION NO. 26-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

FORMATION OF A STAFF AND ADVISORY COMMITTEE TO

DEVELOP A REQUEST FOR PROPOSALS FOR SAN

CLEMENTE MUNICIPAL GOLF COURSE PRO SHOP

SERVICES, INCLUDING MODIFICATION OF THE

REVENUE-SHARING MODEL FOR PRO SHOP AND

STARTER OPERATIONS, AND FINDING THE ACTION

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO TITLE 14,
SECTIONS 15301 AND 15323 OF THE CEQA GUIDELINES
WHEREAS, the City of San Clemente owns and operates the San Clemente Municipal Golf Course as a public recreational facility funded through the Golf Course Enterprise Fund; and
WHEREAS, the City has historically contracted Pro Shop operations and related services at the Municipal Golf Course, with the current agreement set to expire on December 31, 2026; and
WHEREAS, on August 5, 2025, the City Council directed staff to evaluate future operational models for the Municipal Golf Course Pro Shop and return with a comprehensive analysis; and
WHEREAS, on November 4, 2025, the City Council reviewed staff’s evaluation of operational options, including in-house, hybrid, and fully contracted models, and directed staff to obtain advisory input from the Golf Course Committee prior to taking final action; and WHEREAS, on November 20, 2025, the Golf Course Committee reviewed the matter and unanimously recommended that Pro Shop operations be evaluated through a comprehensive Request for Proposals (RFP) encompassing all service areas, and that the Committee participate in the development and evaluation of proposals; and WHEREAS, the City Council has considered the Committee’s recommendation, staff analysis, and the City’s long-term goals of fiscal stewardship, operational accountability, and high-quality customer service for the Municipal Golf Course; and WHEREAS, the City Council desires to ensure that the RFP structure, including revenue-sharing provisions for Pro Shop and Starter operations, is aligned with the best financial, operational, and customer-service interests of the Municipal Golf Course; and WHEREAS, the City Council recognizes that increased Golf Course revenues may be necessary to support proper course maintenance, competitive employee compensation, employee retention, and planned capital improvements, and that revenue-sharing provisions are a critical component of ensuring the long-term financial sustainability of the Municipal Golf Course.
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Resolution No. 26-05 Page 2
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 authorizes the formation of a Golf Course RFP Task Force to develop the Request for Proposals (RFP) for Pro Shop services at the San Clemente Municipal Golf Course and to evaluate and modify the revenue-sharing model for Pro Shop and Starter operations, as determined to be in the best interest of the Golf Course.

The Task Force shall be comprised of the following members:

A. City Manager
B. Beaches, Parks and Recreation Director
C. City Councilmember liaison to the Golf Course Committee D. Chairperson of the Golf Course Committee
Section 2. The Task Force is directed to develop the scope and structure of a Request for Proposals (RFP) for the daily operations of the San Clemente Municipal Golf Course, excluding course maintenance, consistent with the City’s current operational model, to include, but not be limited to:

A. The operational structure of the Golf Course, including which operations will be under the direction of the private contractor.

B. A revenue-sharing schedule that will provide adequate revenue to the Golf Course for maintenance and improvements, but retain competitive revenue for a potential bidder.

C. Specific strategies to ensure accountability, transparency, and accuracy.

The RFP shall be structured to ensure continuity of service, fiscal responsibility, and a high-quality customer experience consistent with the City’s community values.

Section 3. The Task Force is further authorized to review, evaluate, and modify the revenue-sharing model for Pro Shop and Starter operations as part of the RFP development process, provided that any recommended revenue-sharing structure is designed to support the financial sustainability and long-term operational success of the Municipal Golf Course and is subject to final City Council approval as part of any contract award.

Section 4. The Beaches, Parks and Recreation Director is authorized to take all administrative actions necessary to support the Task Force, prepare, issue, and administer the RFP in accordance with this Resolution and applicable City policies. Following completion of the RFP process, staff shall return to the City Council with a recommendation based on an evaluation of the proposals received and input from the Golf Course RFP Task Force.

Section 5. Based on a review of the record as a whole, the City Council finds that the actions authorized by this Resolution are categorically exempt from the California Environmental Quality Act (CEQA) under Title 14, Sections 15301 (Existing Facilities) and 15323 (Normal Operations of Facilities for Public Gatherings) the State CEQA Guidelines 647
Resolution No. 26-05 Page 3
as they involve no expansion of use and represent continuation of existing operations within existing facilities.

Section 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-05 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 20, 2026 Agenda Item: 10A.

Submitted By: Community Development
Prepared By: Christopher Wright, Senior Planner
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

CENTER OF NATURAL LANDS MANAGEMENT FOR THE PREPARATION OF A

CONSERVATION EASEMENT AND HABITAT MANAGEMENT PLAN FOR PUBLIC OPEN

SPACE IN FORSTER RANCH INTENDED FOR PRESERVATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $60,000,

APPROVING A RELATED APPROPRIATION, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT..body
Fiscal Impact:

Staff is requesting a one-time appropriation in the amount of $60,000 for the necessary services to complete the agreement with Center of Natural Lands Management (CNLM) to account 001- 433-43890.

Summary:

City Council approval of Resolution XX would exempt the agreement from the formal solicitation process, award the bid and authorize the City Manager to execute a Professional Services Agreement for $60,000 with CNLM (“Agreement”) to provide consulting services for preparing a conservation easement and habitat management plan on 142.6 acres of City-owned open space in Forster Ranch. This will be the first phase of the project and staff is requesting a finding that the action exempt from the California Environmental Quality Act. 649
Meeting Date: January 20, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Background:

In 1998, the U.S. Fish & Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) (collectively, “Wildlife Agencies”) conditionally approved City implementation of the Interim Habitat Loss Mitigation Plan (IHLMP) and Findings for the Laing Forster Ranch Project.

This conditional concurrence authorized the project’s impacts to the coastal California gnatcatcher (gnatcatcher) pursuant to section 4(d) of the Federal Endangered Species Act. In furtherance of the development of Forster Ranch, the City issued the Section 4(d) permit (“4(d) Permit”) in 1998 with approval from the Wildlife Agencies. In 1999, USFWS also issued a biological opinion concluding that the Forster Ranch development would not result in jeopardy of the federally threatened broad-leaved brodiaea (brodiaea) with implementation of the project’s proposed mitigation measures. CDFW issued an Incidental Take Permit under the California Endangered Species Act in 2001 to authorize the project’s impacts to the state-listed endangered brodiaea.

These permits and authorizations required that 305 acres of on-site open space (“Reserve”) be preserved with a conservation easement, in addition to other requirements, such as implementing a brodiaea translocation plan, establishing an endowment for a habitat manager to monitor and improving conditions on the property according to a long-term habitat management plan.

Following issuance of permits, the Forster Ranch development was constructed with approved impacts to 94 acres of coastal sage scrub and about 4,300 individual thread-leaved brodiaea plants. In 2000, Laing Forster Ranch transferred 340 acres of the Forster Ranch property to the City, including about 142.6 acres that were to be preserved and currently support the only known remaining brodiaea occurrences on the Forster Ranch property.

Prior to finalizing documents to conserve, plan, and fund habitat management of the property, Laing Forster Ranch declared bankruptcy. The privately-owned 200 acres of the Forster Ranch preserve were sold in bankruptcy auction to a private entity. The remaining 142.6 acres has remained in the City’s ownership, but the conditions have not yet been met to record a conservation easement and manage the property with a plan and endowment, in which a financial contribution is expected. With the bankruptcy of Laing Forster Ranch, the City has a responsibility to meet the IHLMP conditions because the City issued the 4(d) Permit in 1998 with approval from the Wildlife Agencies. In its current unmanaged condition, the property contains invasive plants that degrade sensitive species habitat and are inconsistent with best practices for habitat management and wildfire preparedness. Additionally, the Wildlife Agencies are requiring that the City move forward with the Reserve.

Discussion:

There are two envisioned phases to this project. Phase 1, this agenda item, involves Council approval of the Agreement (Attachment 2) which would allow CNLM to review and prepare documents for the conservation and management of the 142.6 acres of City-owned open space in Forster Ranch. The documents, when executed, would fulfill requirements of the IHLMP by preserving and improving habitat conditions of the 142.6 acres of City property according to a habitat management plan with endowment funding. While the Wildlife Agencies guide, and must approve, the management plan, the City will be able to provide input on management approaches intended to enhance habitat conditions and address vegetation management objectives, including the use of goat grazing.
650
Meeting Date: January 20, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
The Council will consider Phase 2 of the project when CNLM finalizes documents according to the Agreement. For this phase, the Council will decide whether to approve and execute the required conservation easement, habitat management plan, endowment agreement, and other items. As described in an attached letter (Attachment 3), the Wildlife Agencies have approved for CNLM to be granted the conservation easement and serve as habitat and endowment manager.

The Wildlife Agencies are encouraging the City to approve the proposed Agreement to initiate the project.

Upon execution and completion of the activities included in the Agreement, the Wildlife Agencies will consider the City’s financial obligations fulfilled under the Forster Ranch permits. And, if the City Council approves and executes documents prepared by CNLM for the easement, habitat management plan, and endowment, the City will secure a commitment to a funding source that would fully fund the endowment for a habitat manager to monitor the Reserve, improve habitat conditions, and remove brush to reduce wildfire hazards.

For several years, Homeowners Association fees for the Reserve and areas of Talega have been deposited into the Southern Orange Gnatcatcher Conservation Fund (SOGCF) for management of the Reserve. The fund has a balance of about $4.6 million that is managed by the Orange County Community Foundation with guidance from the Wildlife Agencies. Considering the Wildlife Agencies’ approval for CNLM to serve as endowment manager with this funding source, staff recommends that the Council approve an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.A.1.1.6) for “procurements funded by grants, donations, or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/or services.” Council Options:
 Adopt Resolution No. 26-06, which would approve an exemption to the formal solicitation process, award a professional consulting services agreement to Center of Natural Land Management (CNLM) in the amount of $60,000, authorize a one-time appropriation in that amount, authorize the City Manager to execute the agreement, and find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines.  Modify and adopt Resolution No. 26-06.
 Continue the item and provide staff with an alternative direction.  Do not approve Resolution No. 26-06 and provide staff with alternate direction to meet conditions for the 1998 IHLP issued by Wildlife Agencies for the Reserve development.

Environmental Review/Analysis:

This project is statutorily exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15262 “Feasibility and Planning Studies.” Additionally, the project is exempt under CEQA Guidelines Section 15378 because it has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
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Meeting Date: January 20, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 26-06, which would:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the state CEQA Guidelines;

2. Approve an exemption from the formal solicitation process within the City’s Purchasing Policy (Section XI.A.1.1.6);

3. Award a professional consulting services agreement to CNLM to prepare documents for future consideration that would preserve 142.6 acres of City-owned open space to meet 1998 Interim Loss Habitat Permit conditions for the Reserve development;

4. Approve a one-time appropriation in the amount of $60,000 to fund the agreement with CNLM to account 001-433-43890;

5. Authorize the City Manager to execute the professional consulting services agreement (Attachment 2) in an amount not to exceed $60,000 for Phase One; and

6. Direct staff to return to the City Council to make a decision on Phase Two for the approval and execution of a conservation easement, habitat management plan, and endowment agreement. ..end
Attachment:

1. Resolution No. 26-06

2. Professional Services Agreement with CNLM

3. Letter from Wildlife Agencies
Notification:

Staff of CNLM, USFWS, and CDFW
652
Attachment 1
RESOLUTION NO. 26-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS,

AWARDING A PROFESSIONAL SERVICES AGREEMENT

TO CENTER OF NATURAL LANDS MANAGEMENT (CNLM)

FOR THE PREPARATION OF A CONSERVATION

EASEMENT AND HABITAT MANAGEMENT PLAN FOR

PUBLIC OPEN SPACE IN FORSTER RANCH INTENDED

FOR PRESERVATION, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT IN AN
AMOUNT NOT TO EXCEED $60,000, MAKING A RELATED

APPROPRIATION AND FINDING THE PROJECT EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in 1998, the U.S. Fish & Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) (collectively, “Wildlife Agencies”) conditionally approved City implementation of the Interim Habitat Loss Mitigation Plan (IHLMP) and Findings for the Laing Forster Ranch Project. This conditional concurrence authorized the project’s impacts to the coastal California gnatcatcher (gnatcatcher) pursuant to section 4(d) of the Federal Endangered Species Act (“Section 4(d) Permit”); and WHEREAS, in 1999, USFWS also issued a biological opinion concluding that the Forster Ranch development would not result in jeopardy of the federally threatened broad-leaved brodiaea (brodiaea) with implementation of the project’s proposed mitigation measures. CDFW issued an Incidental Take Permit under the California Endangered Species Act in 2001 to authorize the project’s impacts to the state-listed endangered brodiaea; and
WHEREAS, these permits and authorizations required that 305 acres of on-site open space (“Reserve”) be preserved with a conservation easement, in addition to other requirements, such as implementing a brodiaea translocation plan, establishing an endowment for a habitat manager to monitor and improving conditions on the property according to a long-term habitat management plan; and
WHEREAS, following issuance of permits, the Forster Ranch development was constructed with approved impacts to 94 acres of coastal sage scrub and about 4,300 individuals of thread-leaved brodiaea; and
WHEREAS, in 2000, Laing Forster Ranch transferred 340 acres of the Forster Ranch property to the City, including about 142.6 acres that were to be preserved and currently support the only known remaining brodiaea occurrences on the Forster Ranch property; and
WHEREAS, prior to finalizing documents to conserve, plan, and fund habitat management of the property, Laing Forster Ranch declared bankruptcy. The privatelyowned 200 acres of the Forster Ranch preserve were sold in a bankruptcy auction to a private entity. The remaining 142.6 acres has remained in the City’s ownership, but the 653
Resolution No. 26-06 Page 2
conditions have not yet been met to record a conservation easement and manage the property with a plan and endowment, in which a financial contribution is expected; and WHEREAS, it is the position of the Wildlife Agencies that with the bankruptcy of Laing Forster Ranch, the City has a responsibility to meet the IHLMP conditions because the City issued the Section 4(d) Permit in 1998 with approval from the Wildlife Agencies.

In its current unmanaged condition, the property contains invasive plants that degrade sensitive species habitat and is inconsistent with best practices for habitat management and wildfire preparedness; and
WHEREAS, the City and the Wildlife Agencies desire an agreement for CNLM to review and prepare documents for the conservation and management of the property as Phase One of the project. When completed, the City Council will consider Phase Two:
whether to approve and execute the required conservation easement, habitat management plan, endowment agreement, and other items necessary to fulfill IHLMP conditions; and
WHEREAS, the Wildlife Agencies have approved CNLM to be granted the conservation easement and serve as habitat and endowment manager in Phase Two and are encouraging the City to approve the CNLM agreement to initiate the project; and WHEREAS, upon execution and completion of the activities included in the CNLM agreement, the staff from the Wildlife Agencies indicate that the City will secure a commitment to a funding source that would fully fund the endowment for a habitat manager to monitor the Reserve to improve habitat conditions; and WHEREAS, the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.A.1.1.6) provides for an exemption from formal and informal solicitation requirements for procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular good and/or services; and
NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:

SECTION 1.That the foregoing recitations are true, correct, and incorporated fully herein.

SECTION 2. That based on substantial evidence in the record as a whole, the project is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the CEQA Guidelines.

SECTION 3. That the City Council approves an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.A.1.1.6) because the Wildlife Agencies have approved CNLM to serve as endowment manager with an identified funding source, CNLM’s fee is fair and reasonable and there is no reasonable possibility of obtaining better prices commensurate with the time and effort that would be expended for a formal solicitation. 654
Resolution No. 26-06 Page 3
SECTION 4. That the City Council hereby awards CNLM an agreement for Phase One to conduct analysis and prepare documents to fulfill unmet conditions of the 1998 IHLP, such as a conservation easement, long-term habitat management plan, endowment agreement, etc.; all of which will be presented to the City Council for a decision in Phase Two on whether to grant and record the conservation easement, designate CNLM as the habitat and endowment manager, approve an endowment agreement, and implement other associated items.

SECTION 5. That the City Manager is authorized and directed to execute an agreement with CNLM in an amount not to exceed $60,000 in a form substantially similar to that presented to the City Council on January 20, 2026.

SECTION 6. That a one-time appropriation in the amount of $60,000 is made to account number 001-433-43890.

SECTION 7. That City staff is authorized and directed to take execute such other documents and take such other and further actions as are necessary and proper to fulfill the purposes and intent of this resolution and proceed with Phase One of the project and return to the City Council at an appropriate time to consider Phase Two.

SECTION 8. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ______ day of __________, 2026.

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. 26-06 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
656
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20 day of January, 2026, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Center for Natural Lands Management, a California 501(c)(3) nonprofit corporation (herein after “CNLM”) with its principal place of business at 27258 Via Industria, Suite B, Temecula, CA 92590 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services for preparation of a conservation easement and habitat management plan required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional consulting services for conservation easement and habitat management plan preparation to public clients, is licensed in the State of California, if applicable, and is familiar with the project.

2.2 Project.

City desires to engage Consultant to render such professional consulting services for preparation of a conservation easement and habitat management plan, Phase One of the Forster Reserve East project ("Project"), as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional for conservation easement and habitat management plan preparation consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from the executed date of this agreement until the Project is completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 657
2 Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 658
3 one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Korie Merrill, Lee Ann Carranza, Sarah Mueller, Patrick Gardner, Isabella Gelmi, Deborah Rogers, Michelle Labbe.

3.2.7 City's Representative. The City hereby designates Christopher Wright, Senior Planner, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Deborah Rogers, Director of Conservation Science and Stewardship, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services 659
4 or to work on the Project.

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed sixty thousand dollars ($60,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement. 660
5 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
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6 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: CNLM
27258 Via Industria, Suite B
Temecula, CA 92590
ATTN: Deborah Rogers, Director of Conservation Science
and Stewardship
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Christopher
Wright, Senior Planner
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the 662
7 City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by 663
8 Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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9 3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[Signatures provided on following page]
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Attachment 2
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization CONSULTANT: Center for Natural
Lands Management, a California nonprofit corporation
By:_____________________________
Isabella Gelmi, Director of
Administration
Dated: __________________, 20____
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EXHIBIT "A" – Scope of Services
Consultant shall perform the following services for the City to the City’s satisfaction (collectively, the “Services”):

The City of San Clemente (City) seeks to place a conservation easement on the Forster Ranch East Property which is approximately 142.6 acres (the “Preserve”). The Preserve contains California gnatcatcher (Polioptila californica) and Thread-leaved Brodiaea (Brodiaea filifolia) habitat. The US Fish & Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) have approved for the Center for Natural Lands Management to hold a Conservation Easement for Preserve monitoring, enforcement, and defense purposes (“CE MED”), and to serve as perpetual land manager of the property. This Scope of Services pertains to CNLM’s tasks and roles related to Phase One of such project: the preparation of the Conservation Easement and associated documents for the City Council to decide, at a future public meeting, whether to make CNLM the CE grantee and to serve as perpetual land manager for the property in Phase Two.

The Conservation Easement and an Endowment Management Agreement, respectively, or similar documents, will set forth the terms and provisions for the perpetual roles as CE Grantee and CE Endowment Manager. The Conservation Easement will be drafted by CNLM using a CDFW template and reviewed by the City, USFWS, and CDFW. The Endowment Management Agreement will be drafted by CNLM. CNLM will require its board authorization to accept the role of Grantee of the Conservation Easement and to execute the Endowment Management Agreement.

The work covered by this Professional Services Agreement (“Agreement”) will commence upon execution of the Agreement between the City of San Clemente and the Center for Natural Lands Management and will include all work up to and including the execution and recordation of the Conservation Easement, concurrent with closing escrow.

CNLM is a nonprofit organization dedicated to the protection and management of sensitive habitats and rare and endangered species through effective long-term stewardship of both biological and financial resources. A critical aspect of this stewardship is proper initial planning regarding the necessary ongoing and periodic tasks and associated costs. To facilitate the necessary financial planning, CNLM developed and employs the “Property Analysis Record” (“PAR”) App (“PAR App”). To determine a cost estimate for the CE MED endowment (and initial “I&C” costs), a PAR will be completed for the Forster Ranch East Preserve using all provided information.

The tasks to be completed by CNLM for this project include:

Service Description
Task 1: Review all relevant
property
Documentation
CNLM will review all documentation related to the property that is required to complete the tasks outlined. Such documents to be reviewed are preliminary title report, Phase I environmental assessment, boundary survey/legal description, etc.

Task 2: Prepare PAR
CNLM will prepare PAR to determine the initial (I&C) and endowment amount for CE Monitoring Enforcement and Defense (CE MED) and perpetual stewardship of the Preserve
Task 3: Secure approval from
CDFW/FWS to serve as
perpetual land manager
CNLM is required to receive approval from USFWS and CDFW to serve as land manager of the Forster Ranch East Preserve.

Approval to serve as CE grantee has already been secured. 667
2 Task 4: Draft Conservation
Easement
CNLM will provide City, USFWS, and CDFW with a draft
conservation easement for review (using provided template) Task 5: Draft Long-Term
Management Plan
CNLM will visit the property and provide City, USFWS, and CDFW with a draft Long-Term Management Plan for review
Task 6: Draft Endowment
Management
Agreement
CNLM will provide the City with a draft endowment management agreement for review
Task 7: Draft Conservation
Easement Baseline
Documentation Report
CNLM will visit the property, draft a Baseline Documentation Report (documenting current conditions on Forster Ranch East Preserve property at the time of CE execution), provide it to City, USFWS, and CDFW for review, and execute with City. A final ‘walkthrough’ of the site will be conducted just prior to escrow closing.

Task 8: Draft Escrow
Instructions/Coordination of
Escrow
CNLM will prepare closing documents and instructions for the title company and for the City of San Clemente and coordinate the close of escrow.

Task 9: Meetings with the City
of San Clemente and project
partners
CNLM will meet (emails, phone calls, video calls) with the City of San Clemente (and other project partners, as needed) at appropriate intervals (as needed) throughout the life of the project. For efficiency and cost estimation purposes, we assumed meetings will use
virtual format.
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services according to the schedule below to the City’s satisfaction:

Service Timeline
Task 1: Review all relevant property
Documentation Within 30 days of receipt of all documentation Task 2: Prepare PAR
Within 120 days of execution of Professional Consultant Services Agreement (Agreement)
Task 3: Secure Agency authorization
to serve as land manager Prior to closing
Task 4: Draft Conservation
Easement
Within 120 days of execution of Agreement. Completion
of draft CE will require the completion of LTMP to
ensure consistency.

Task 5: Draft Long-Term
Management Plan Within 120 days of execution of Agreement Task 6: Draft Endowment
Management
Agreement Within 60 days of execution of this Agreement Task 7: Draft Conservation Easement
Baseline Documentation Report
Approximately 30 days before escrow is expected to
close – date to be tempered by certainty of escrow
closing
Task 8: Draft Escrow
Instructions/Coordination of Escrow Prior to closing
Task 9: Meetings with the City of San
Clemente and project partners
Meetings with City and team (and regulatory agencies,
as appropriate) ongoing and as needed
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 670
55452.01100\31193624.5
business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 671
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3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates.* If the Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal. Otherwise, any changes to the hourly rates or total contract amount must be first agreed upon in writing by the City and the Consultant, prior to commencement of work at higher rate by the Consultant and prior to payment by the City. Except as provided in Section

3.3.1 and this exhibit, there are no reimbursable expenses under this Agreement.

Staff Position (Labor) or Item** Rates/Cost
Sarah Mueller - General Counsel $345/hr.

Deborah Rogers - Director of Conservation Science and Stewardship $286.50/hr.

Isabella Gelmi - Director of Administration $286.50/hr.

Patrick Gardner – Land Acquisitions Project Manager $245/hr.

Korie Merrill - Preserve Manager $195/hr.

Travel Expenses $3,000
Mileage Rate: $1.35/mile
CDFW Authorization Fee $600
PAR app Fee $600
* Rates subject to change annually each October
** CFO position is not included as that position is covered by overhead/indirect cost. All staff hourly rates include overhead (i.e., it is an inclusive rate, overhead is not applied on top of this rate.)
Maximum compensation under this Agreement shall not exceed $60,000.00. 674
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
675
55452.01100\31193624.5
Dated: ________________________
________________________________
(“CONSULTANT”)
By: ________________________________________
Deborah Rogers
________________________________________
Director of Conservation Science and Stewardship
________________________________________
27258 Via Industria, Suite B
Temecula, CA 92590

676
In Reply Refer to:
2023-0013844-S7-TA-OR and 2081-1999-012
December 18, 2024
Sent Electronically
Christopher Wright
Lead Project Planner
City of San Clemente
Community Development Department
910 Calle Negocio
San Clemente, California 92673
Subject: Approval of the Center for Natural Lands Management as Grantee of the Forster Ranch East Preserve, City of San Clemente, Orange County, California Dear Christopher Wright:

This letter is regarding the City of San Clemente’s (City’s) proposed conservation of the Forster Ranch East Preserve (Preserve), located northwest and southwest of the Avenida La Pata and Camino del Rio intersection and east of the Forster Ranch Ridgeline Trail. The primary concern and mandate of the U.S. Fish and Wildlife Service (Service) is the protection of fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et seq.). The California Department of Fish and Wildlife (Department) is the State’s Trustee Agency for fish, wildlife, and plant resources and a Responsible Agency pursuant to the California Environmental Quality Act (CEQA; Public Resources Code sections 15386 and 15381). The Department is responsible for the conservation, protection, and management of the State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning (NCCP) program.

As summarized in a concurrence letter, dated February 11, 1998, from the Service and the Department (collectively, Wildlife Agencies), for the Interim Habitat Loss/4(d) Permit Findings for the Laing Forster Ranch Project (project) (FWS-OR-2295.6), Laing Forster Ranch LLC and the City proposed to conserve the Preserve as partial mitigation for impacts associated with the project. Laing Forster Ranch LLC transferred ownership of the preserve to the City in the year 2000 with the understanding that the City would grant a conservation easement over the preserve to an entity approved by the Wildlife Agencies (Laing Forster Ranch LLC 2002). In 2007, Laing Forster Ranch LLC requested that the Wildlife Agencies approve the Center for Natural Lands Management (CNLM) as grantee of the conservation easement over the Preserve (McGuire 2007).

Attachment 3
677
Christopher Wright (2023-0013844-S7-TA-OR and 2081-1999-012) 2 This letter serves as the Wildlife Agencies’ approval of CNLM as conservation easement grantee and easement endowment manager for the City’s proposed conservation easement over the Preserve.

If you have any questions, please contact Christina Lupoli1 of the Department or Lauren Kershek2
of the Service.

Sincerely,
Erinn Wilson-Olgin
Regional Manager, South Coast Region
Scott Sobiech
Field Supervisor
U.S. Fish and Wildlife Service California Department of Fish and Wildlife

LITERATURE CITED
Laing Forster Ranch, LLC. 2002. Letter to the U.S. Fish and Wildlife Service and California Department of Fish and Game with subject: Implementation compliance for previously approved Interim Habitat Loss Mitigation Plans, City of San Clemente (FWS-OR2295.6). July 10.

McGuire, M.R. 2007. Letter to the U.S. Fish and Wildlife Service and California Department of Fish and Game with subject: Forster Ranch - City of San Clemente. February 5. 1 [email protected].
2 [email protected].

IRU

JONATHA

N SNYDER
Digitally signed by

JONATHAN SNYDER
Date: 2024.12.18
13:42:14 -08'00'

678
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: January 20, 2026 Agenda Item: 10B.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

BID PROTEST HEARING FOR THE CALLE FRONTERA SEWER LIFT STATION SOIL STABILIZATION PROJECT, CIP PROJECT NO. 32201, AND CONSIDERATION OF A

RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE PROJECT TO THE

LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE CONSTRUCTION CONTRACT, AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The consideration of the bid protest will affect the fiscal impact on the project, if the local contractor, second low bidder, becomes a low bidder per the San Clemente Municipal Code section 3.40.030 (E). The apparent low bidder is the protestor.

If the bid protest is denied, the total estimated construction cost for the Calle Frontera Sewer Lift Station Soil Stabilization project will be $885,404 (i.e., selecting Alliance Diversified Enterprises, Inc.), funded from the Sewer Depreciation Reserve Fund, Account No. 054-476-43890-000- 32201. If the bid protest is granted, the total estimated construction cost based on the lower bid estimate, from Wright Construction Engineering Corporation, is $853,202, which is funded from the same account. The available approved project budget is $1,969,517.

Summary:

Due to the ongoing soil movement that the Calle Frontera Sewer Lift Station (Station) has been experiencing, a geotechnical team (i.e., Ninyo & Moore Geotechnical Consultants) recommended additional support of the Station. The work includes caissons and grade-beam foundation to control future movement of the existing building and to prevent formation of deterioration cracks in the wet well structure.

City staff publicly bid the project and received a
protest in relation to the project bids. The protest
is presented to the City Council who will
determine whether to grant or deny the protest
following a hearing. If the protest is granted, the
protestor will become the lowest responsive
bidder (i.e., Wright Construction Engineering
Corporation); however, if the protest is denied,
the lowest responsive bidder is Alliance
Diversified Enterprises, Inc.
679
Meeting Date: January 20, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Background:

The Frontera Sewer Lift Station is constructed in the late 1970s. The tributary area to this Station is approximately 670 acres. Upon receipt of the wastewater, the Station discharges through a 12- inch diameter forcemain in Calle Frontera to a manhole just west of Avenida Vista Hermosa, at which point the wastewater is conveyed through the collection system to the City’s Water Reclamation Plant for treatment.

A building settlement monitoring and investigation conducted by a geotechnical team (i.e., Ninyo & Moore Geotechnical) revealed that the near-surface soils had high expansion potential and are prone to slope failure. The geotechnical team recommended additional foundation support with caissons and grade-beam to control future movements of the existing building and prevent the formation of deterioration cracks in the wet well structure.

Stantec Consulting Services, Inc. designed and prepared a formal bid package for the Calle Frontera Sewer Lift Station Soil Stabilization. The work to be performed generally includes installation of concrete piles, constructing concrete pile caps and grade-beams, modifying lift station aboveground plumbing to recenter pipes in existing sleeves, and other miscellaneous site improvements.

Staff notified local contractors, advertised the project for competitive bidding on the PlanetBids website, and in the San Clemente Times. Five bids were received on November 12, 2025, ranging from $741,902 to $1,809,444 as shown on the table below.

Company Name
Company
Location Bid Amount
Wright Construction Engineering Corp. San Marcos, CA $ 741,902 Alliance Diversified Enterprises, Inc. San Clemente, CA $ 769,904 RE Chaffee Construction, Inc. Wrightwood, CA $ 1,166,900 Tharsos, Inc. La Mesa, CA $ 1,264,970
Bosco Constructors, Inc. Chatsworth, CA $ 1,809,444
The apparent lowest bid is Wright Construction Engineering Corp. of San Marcos, California at $741,902. However, the City received one bid from a local contractor, Alliance Diversified Enterprises, Inc., in the amount of $769,904. According to the San Clemente Municipal Code 680
Meeting Date: January 20, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the seven percent preference amount is $53,893. Applying the seven percent preference amount, Alliance Diversified Enterprises, Inc. bid is reduced by $53,893 to $716,011. With the local preference applied, Alliance Diversified Enterprises, Inc. is the lowest bidder.

The Bid Protest:

Following the bid opening on November 13, 2025, staff received a bid protest letter from Wright Construction Engineering Corp. (Attachment 3) regarding irregularities in the Alliance Diversified enterprises, Inc. bid documents.

Wright Construction Engineering Corp. protested on the grounds that Alliance Diversified Enterprises, Inc. (ADEI) bid was non-responsive based on the following irregularities:

1. “ADEI did not include a surveyor in their subcontractor form.

2. The bid was signed by the project manager and ADEI did not submit the appropriate documents to demonstrate signing authority of the project manager.

3. The bid bond was missing a notary acknowledgment, thus making the bid bond in violation of California Civil Code 1188.

4. ADEI did not include names/contact info on the experience form in the bid.

5. ADEI should not have been granted the 7% local vendor preference as a local bidder, per SCMC 3.40.030(E), as their principal place of business is in Escondido.

6. Violations illustrated above create an unfair competitive advantage for Alliance Diversified Enterprises, Inc. at the expense of all fully compliant bidders…” A city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation. See Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1343. A bid defect cannot be considered inconsequential or immaterial if it gives the bidder an unfair competitive advantage or benefit over other bidders.

In response to Wright’s protest, staff has the following responses, as numbered per the above items:

1. Surveying is not listed as a bid item in the bid schedule, and will not be required of the contractor (See Attachment 5). The design engineer had performed the necessary survey during the design phase. Accordingly, this item is not a defect.

2. The instructions to the bidders (i.e. Section 00200 of the project Specifications) provide that the bidder may be requested to submit documentation, not that they must include them with the bid. (See Attachment 4). The City requested and obtained a letter of authorization from 681
Meeting Date: January 20, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
ADEI that the project manager was properly authorized to sign the bid (See Attachment 6).

Accordingly, this item is not a defect.

3. The stamp of the bid bond was not visible when scanned because it was white. ADEI submitted the original hard copy of the bid bond within 24hrs as required in the specifications.

Thus, the bid was not deficient. Further, Civil Code section 1188 is not applicable; it has to do with transfers of property. Accordingly, this item is not a defect.

4. The City requested and obtained names/contact information on the experience form (See Attachment 7). Requesting names/contact information on the experience form after the close of bids does not prejudice other bidders or give ADEI an unfair advantage. Accordingly, staff believes that this irregularity is inconsequential and recommend that it be waived.

5. Under San Clemente Municipal Code section 3.40.030, "local bidder" means a business with a physical location in San Clemente as indicated on an approved business license. ADEI has a San Clemente business license and conducts business out of a physical location in San Clemente located at 209 Avenida del Mar, Suite 201B (which is an office that they share with a company called WGI). (See Attachment 8). Accordingly, ADEI complies with the local bidder requirement that allows it to benefit from the 7% local vendor preference.

6. As noted, the only actual defect in the bid is the missing contact information from ADEI’s experience form, which staff believes is immaterial. The information has since been obtained and its omission does not prejudice the other bidders or create an unfair competitive advantage for ADEI.

Based on the above responses, staff believes that Alliance Diversified Enterprises, Inc. bid was responsive, and finds the defects were inconsequential and immaterial; therefore, staff recommends that the City Council waive the minor irregularities (item 4, providing names/contact information after the bid close), and award the contract to Alliance Diversified Enterprises, Inc. as the lowest responsive and responsible bidder.

Alternatively, after conducting the bid protest hearing, if the City Council determines that the irregularities in Alliance Diversified Enterprises are material or declines to waive them and insist on strict compliance, the contract should be awarded to the second lowest bidder after the application of the local vendor preference (Wright Construction Engineering Corp).

Based on the lowest responsive and responsible bidder being Alliance Diversified Enterprises, Inc., in the amount of $769,904, the estimated total construction cost for this project is as follows:

Construction Administration, Management and Inspection $115,500 Construction $769,904
Estimated Total Construction Cost $885,404
As required by state law and City policy, the selected contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office. 682
Meeting Date: January 20, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 5
Council Options:

The City Council should conduct the bid protest hearing and then may:
 Adopt Resolution No. 26-07 (Attachment 1), rejecting the bid protest submitted by Wright Construction Engineering Corp., waiving the immaterial bid error in the bid submitted by Alliance Diversified Enterprises, Inc., awarding the contract for the project to Alliance Diversified Enterprises, Inc., as the lowest responsible bidder submitting a responsive bid, and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR Section 15303) of the State CEQA Guidelines, and authorizing the City Manager to execute a construction contract in an amount not to exceed $769,904.
 Accept the bid protest and modify and adopt Resolution 26-07 by awarding the contract to Wright Construction Engineer Corp. with the appropriate findings.  Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 26-07 and put the project on hold.

Environmental Review/Analysis:

This Project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15303 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures), 14 CCR Section 15303). The Notice of Exemption was filed with the County of Orange Recorder’s office on August 7, 2025. (See Attachment 9.) Recommended Actions:
..recommendation
Staff recommends that the City Council:

1. Conduct a bid protest hearing, open the hearing, hear public testimony and comments, including any evidence and argument presented by the bidders, and close the hearing; AND, after the protest hearing, adopt Resolution No. 26-07, which would:

2. Find the Calle Frontera Lift Station Soil Stabilization, Project No. 32201, categorically exempt from CEQA under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines;

3. Deny the bid protest submitted by Wright Construction Engineering Corp. and waive the immaterial bid irregularity in the bid submitted by Alliance Diversified Enterprises, Inc.;

4. Award the Calle Frontera Lift Station Soil Stabilization, CIP Project No. 32201, construction contract to Alliance Diversified Enterprises, Inc., as the lowest responsible and responsive bidder after application of the local vendor preference; and

5. Authorize the City Manager to execute a construction contract with Alliance Diversified Enterprises, Inc. in an amount not to exceed $769,904, in a form substantially similar to Contract No. 26-02 (Attachment 2).
..end
683
Meeting Date: January 20, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 6
Attachment:

1. Resolution No. 26-07

2. Construction Contract with Alliance Diversified Enterprises, Inc.

3. Protest Letter from Wright Construction Engineering Corp.

4. Section 00200 of the project Specifications

5. Alliance Diversified Enterprises, Inc.’s Bid Documents

6. Authorization letter

7. Names/contact information for experience form

8. Alliance Business License

9. Notice of Exemption
Notification:

All Bidders.
684
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 26-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THE BID

PROTEST, AWARDING A CONSTRUCTION CONTRACT

FOR THE CALLE FRONTERA LIFT STATION SOIL

STABILIZATION PROJECT TO THE LOWEST

RESPONSIVE AND RESPONSIBLE BIDDER,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONSTRUCTION CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the Calle Frontera Sewer Lift Station has experienced settlement due to soil movement in the surrounding area; and
WHEREAS, a site settlement monitoring and investigation conducted by a geotechnical team (i.e., Ninyo & Moore Geotechnical) revealed that the near-surface soils had high expansion potential and were prone to slope failure; and WHEREAS, the geotechnical team recommended additional foundation support with caissons and grade-beam to control future movements of the existing building and prevent the formation of deterioration cracks in the wet well structure; and WHEREAS, Stantec Consulting Services, Inc. designed and prepared a bid package for the Calle Frontera Lift Station Soil Stabilization. The work to be performed includes excavations and installation of new concrete cast-in-drilled-hole pile foundations; and
WHEREAS, the City conducted formal competitive bidding for the Calle Frontera Lift Station Soil Stabilization; and
WHEREAS, on November 12, 2025, the City received five (5) bids ranging from $741,902 to $1,809,444 for the Project; and
WHEREAS, the apparent lowest bid was Wright Construction Engineering Corp. of San Marcos, California at $741,902; and
WHEREAS, the City received one bid from a local contractor, Alliance Diversified Enterprises, Inc., in the amount of $769,904; and
WHEREAS, according to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the seven percent preference amount is $53,893. Applying the seven percent preference amount, Alliance Diversified Enterprises, Inc. bid is reduced by $53,893 to $716,011. With the local preference applied, Alliance Diversified Enterprises, Inc. is the lowest bidder; and 685
Resolution No. 26-07 Page 2
WHEREAS, on November 13, 2025, staff received a bid protest from the apparent lowest bidder, Wright Construction Engineering Corp. stating that Alliance Diversified Enterprises bid is non-responsive; and
WHEREAS, on January 20, 2026, the City Council held a duly notice protest hearing and considered all evidence and comment submitted at or before the public hearing, including from any and all bidders.

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

SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That based on a review of the record as a whole, the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines because it consists of construction of utility extensions of reasonable length and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.

SECTION 3. That the City Council finds that the irregularity in Alliance Diversified Enterprises, Inc. bid is an inconsequential and immaterial bid defect. The irregularity did not affect the amount of the bid, make the bid materially different than intended, or give Alliance Diversified Enterprises, Inc. an unfair competitive advantage or benefit over the other bidders. Strict compliance with the bid documents for this deviation is hereby waived and the bid protest filed by Wright Construction Engineering Corp., is hereby denied.

SECTION 4. That the City Council finds that Alliance Diversified Enterprises, Inc. is the lowest responsive and responsible bidder, and the construction contract for the Calle Frontera Lift Station Soil Stabilization, CIP Project No. 32201, is hereby awarded to Alliance Diversified Enterprises, Inc.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the Calle Frontera Lift Station Soil Stabilization, CIP Project No. 32201 with Alliance Diversified Enterprises, Inc. in an amount not to exceed $769,904, in a form substantially similar to that presented to City Council on January 20, 2026.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _________ day of ______________, 2026. 686
Resolution No. 26-07 Page 3
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, 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. 26-07 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2026, 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 _________________, 2026. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
687
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Alliance Diversified Enterprises, Inc., a California Corporation, located at 209 Avenida Del Mar, Suite 201B, CA 92672 hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

CALLE FRONTERA LIFT STATION SOIL STABILIZATION PROJECT
PROJECT NO. 32201
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ninety (90) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Sixty Nine Thousand Nine Hundred Four Dollars ($769,904). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $800 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
688
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
689
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Alliance Diversified Enterprises, Inc.
(“CONTRACTOR”)
_____________________________
By: Rian Grenke
It’s: Chief Executive Officer
Dated: __________________, 20____
___________________________
By: Evan Grenke
It’s: Chief Financial Officer, Secretary
Dated: __________________, 20____

END OF CONTRACT
690
1 Wright Construction Engineering Corp.

Bid Protest Letter for Calle Frontera Lift Station Soil Stabilization Project

SENT VIA CERTIFIED MAIL & EMAIL
([email protected],
[email protected]) &

ALLIANCE DIVERSIFIED ENTERPRISES, INC
November 14, 2025
To: David Rebensdorf (Public Works Director/City Engineer) & Belgin Cuhadaroglu (Senior Civil Engineer) City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
RE: Calle Frontera Lift Station Soil Stabilization Project Subject: Formal Bid Protest- Alliance Diversified Enterprises, Inc. Bid Proposal To Whom It May Concern,
Wright Construction Engineering Corp hereby formally submits this bid protest regarding the apparent low bidder, Alliance Diversified Enterprises, Inc. (ADEI) for the Calle Frontera Lift Station Soil Stabilization Project that occurred on November 12, 2025. Based on our review of their bid package, we have identified material violations of the bid specifications and California Public Contracting Laws that render Alliance Diversified Enterprises, Inc. a non-responsive and non-responsible bidder under the terms and applicable law.
1) Failure to List Mandatory Subcontractors (Violation of California Subletting and Subcontracting Fair Practice Act). Alliance Diversified Enterprises, Inc failed to list subcontractors (See Attached Exhibit “A”) for a key component of the project requirements (Surveying) of which this scope of work would have exceeded the 0.5% of their bid amount, making theme mandatory to list under California Public Contracting Code Section 4104. Moreover, Alliance Diversified Enterprises, Inc. does not hold a California Land Surveyors License, which is required to perform the work independently and that this omission constitutes a direct violation of the California Subletting and Subcontracting Fair Practices Act Section 4100 & 4114, which states that failure to list the required subcontractors to perform the required work is subject for rejection of a bid proposal.
2) Failure to Meet Instructions to Bidder. In the project specifications, Section 00200: Instruction to Bidders (See Attached Exhibit “B”), All bids submitted shall be executed by the Bidder or its authorized representative and that bidders must provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any contract arising therefrom.

In the project bid package provided by ADEI at the time of bid, all signatory pages within the bid package were signed by Brandon Brockway, a Project Manager for ADEI, but nowhere within the bid package did ADEI provide a resolution of its Board of Directors or a Power of Attorney that would indicate Mr. Brockway’s legal capacity to bind ADEI to the terms of the Contract Documents as required on page 16 of the bid package (See Attached Exhibit “C”) & per California Corporations Code Section 313 (See Attached Exhibit “D”.. 3) Identity of Signer on Bid Bond. The bid bond provided by ADEI at the time of bid (See Attached Exhibit “E”) was missing a Notary Acknowledgment for the signature of the Contractor/Principal, thus making the bid bond provided by ADEI not valid and violates California Civil Code 1188 (See Attached Exhibit “F”).

Wright Construction Engineering Corp
2625 S. Santa Fe Avenue
San Marcos, CA 92069
Tel 760-599-3915 x 102
Fax 760-599-3920
[email protected]
[email protected]
Attachment 3
691
2 Wright Construction Engineering Corp.

Bid Protest Letter for Calle Frontera Lift Station Soil Stabilization Project 4) Failure to Meet Bid Requirements. In Section 00430: Contractor Information & Experience Form (See Attached Exhibit “G”), ADEI was required to provide a list of current projects that required ADEI to provide the Project Name, Client Contact Person and Phone Number, of which ADEI did not meet this requirement. 5) Local Vendor Preference. On November 12, 2025, the City had emailed Wright Construction (See Attached Exhibit “H”) stating that Wright Construction was the apparent low bidder, but due to the City of San Clemente Municipal Code Section

3.40.030(E) that provides a 7% preference to local vendors, the City would be awarding the project to ADEI. In the San Clemente Municipal Code Section 3.40.030(G) it states the any allegation of potential fraudulent behavior on the part of a entity or individual for the purpose of qualifying for and being awarded a local vendor preference shall be investigated by the City. Wright Construction is hereby requesting that City investigate if Alliance Diversified Enterprises, Inc. is in fact a local vendor as ADEI’s business license (See Attached Exhibit “I”) & the City’s Planetbids Website (See Attached Exhibit “J”) are both showing an address that is currently occupied by another business by the name of Western Ground Improvements (See Attached Exhibits K & L). It should also be noted that ADEI’s Small Business Certification, Statement of Information, Department of Industrial Relations Number and State Contractors Board (See Attached Exhibits M thru P) addresses are showing that the business is located in Escondido, CA and not San Clemente, CA. ADEI had also provided Wright Construction with a subcontractor bid proposal at the time of bid for the project (See Attached Exhibit “Q”), of which the proposal is also showing the companies location to be located in Escondido, CA. 6) Competitive Prejudice and Bid Fairness Violation. The violations illustrated above create an unfair competitive advantage for Alliance Diversified Enterprises, Inc. at the expense of all fully compliant bidders including Wright Construction Engineering Corp. Allowing a non-compliant bid to be considered furthermore compromises the integrity of the public bidding process and violates California Competitive Bidding Laws (Public Contract Code Section 100 et seq.)
Request for Corrective Action
Given these clear violations, we formally request that the City of San Clemente: 1) Reject Alliance Diversified Enterprises, Inc. bid as non-responsive and non-responsible based on the aforementioned deficiencies 2) Award the contract to the actual lowest responsive and responsible bidder, which is Wright Construction Engineering Corp 3) If necessary, conduct a formal review hearing in accordance with Public Contracting Code Section 10306 to ensure the bid protest is properly adjudicated.

Wright Construction appreciates the opportunity to provide the City with a responsive bid proposal and for the City’s prompt attention to this matter and we look forward to your decision. Please confirm receipt of this protest and provide a timeline for review.

All the information above is true and correct to the best of my knowledge on this 14th day of November 2025, Wesley Wright

WRIGHT CONSTRUCTION ENGINEERING CORP
692
Exhibit “A”
693
SECTION 00200

INSTRUCTIONS TO BIDDERS
7 SECTION 00200

INSTRUCTIONS TO BIDDERS

8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

9. DESIGNATION OF SUBCONTRACTORS
Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one half of one percent (1/2%) of the Bidder’s Total Bid Price as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least 50% of the work.

In addition to submitting the List of Subcontractors form with its bid submission, each bidder shall, within 24 hours of the bid submission deadline, provide the City with a list of bid items that correspond to the portion of work listed for each designated subcontractor. Failure to provide this information in satisfactory form within the time prescribed may be cause for the City to deem the Bid non-responsive and the City may reject the Bid.

10. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

The Contractor and all subcontractors must also obtain a valid City of San Clemente Business License and maintain a valid City Business License during the entire time that work is being performed under the contract. Information about obtaining a City business license is available via Internet at www.san-clemente.org/i-am-a-/business/business-license, by email to [email protected] or phone call to (949) 361-6166. Evidence of a valid City business license must be provided at the time specified in Section 19 of these instructions.

11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors Exhibit “B”
694
SECTION 00200

INSTRUCTIONS TO BIDDERS
8 SECTION 00200

INSTRUCTIONS TO BIDDERS
or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name.

12. BID GUARANTEE (SECURITY)
Each bid shall be accompanied by security in the form of: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. All certified and cashier’s checks must be drawn on a responsible bank doing business in the United States and shall be made payable to The City of San Clemente. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

For electronic submittal of bids, the original bid security must be received at the City of San Clemente Public Works office, 910 Calle Negocio, Suite 100, San Clemente, CA 92673 within 24 hours of the bid opening date and time (excluding weekends and holidays). The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows:

OFFICIAL BID SECURITY - DO NOT OPEN
Project Name: CALLE FRONTERA LIFT STATION

SOIL STABILIZATION PROJECT
Bid Opening Date: 11/12/2025

13. SUBMISSION OF SEALED BIDS
Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at www.san-clemente.org/vendorbids. Bids will not be accepted after the specified Bid Opening date and time. The Bidder shall have the sole exclusive responsibility for ensuring that a Bid is received by the specified Bid Opening date and time. For technical support with the 695
Exhibit “C”
696
697
State of California

CORPORATIONS CODE
Section 313
313. Subject to the provisions of subdivision (a) of Section 208, any note, mortgage, evidence of indebtedness, contract, share certificate, initial transaction statement or written statement, conveyance, or other instrument in writing, and any assignment or endorsement thereof, executed or entered into between any corporation and any other person, when signed by the chairperson of the board, the president or any vice president and the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation, is not invalidated as to the corporation by any lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the same. (Amended by Stats. 2015, Ch. 98, Sec. 6. (SB 351) Effective January 1, 2016.)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Exhibit “D”
698
Exhibit “E”
699
700
701
702
State of California

CIVIL CODE
Section 1188
1188. An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate pursuant to Section 1189. (Amended by Stats. 2013, Ch. 78, Sec. 1. (AB 464) Effective January 1, 2014.)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Exhibit “E” Exhibit “F”
703
Exhibit “G”
704
From: Cuhadaroglu, Belgin [email protected] Subject: City of San Clemente Bid Proposal-CALLE FRONTERA LIFT STATION SOIL STABILIZATION PROJECT (32201) Date: November 12, 2025 at 4:09PM
To: [email protected]
Hi Jason,
Thank you for submitting a bid proposal. Although Wright Construction Engineering Corp are the lowest bidder, per the city’s municipal code, Alliance Diversified enterprises, Inc. becomes the lowest bidder.

The City received one bid from a local contractor, Alliance Diversified enterprises, Inc. (Alliance), with a base bid in the amount of $769,903.84.

According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid,. Applying the preference amount of seven percent, Alliance’s base bid is reduced by $53,893.27 to $716,010.57. Therefore, Alliance is the lowest bidder.

San Clemente Municipal Code section 3.40.030 (E) :

Local Preference for a Sealed Bid. .....A seven percent preference shall be granted to local vendors on all sealed bids, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed $150,000.00. This provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.

Please let me know if you have any questions.

Thank you.
-Bel
Belgin Cuhadaroglu, P.E. | City of San Clemente
Senior Civil Engineer | 910 Calle Negocio, CA 92673
office: 949.361.6128 | cell: 949.426 3138 | facsimile: 949.361.8316 e-mail: [email protected]
Exhibit “H”
705
11/13/25, 12:18 PM Business Search
https://sanclemente.hdlgov.com/Search/SearchBy 1/1
Exhibit “I”
706
City of San Clemente
Search & Bid on Thousands of Contracts
Showing 5 Bid Results
Wright Construction Engineering Corp
2625 S Santa Fe Ave
San Marcos, California 92069
Contact: Jason Merritt
Phone: 760-599-3915 ext. 102
CADIR $741,900.18
Alliance Diversified
209 Avenida Del Mar, Ste. 201B
San Clemente, California 92672
Contact: Brandon Brockway
Phone: 619-760-3327
Local $769,903.84
RE Chaffee Construction Inc
6025 Park Drive
Wrightwood, California 92397
Contact: Ronnie Chaffee
Phone: 760-249-8068
$1,166,900.00
Tharsos Inc.
7839 University Ave
La Mesa, California 91942
Contact: Michael Lopez
Phone: 619-464-1261
CADIR $1,264,970.00
Bosco Constructors, Inc.
21353 Mayall St.

Chatsworth, California 91311
Contact: Patrick Robinson
Phone: 818-700-0304
CADIR $1,809,444.00
www.vendorline.com
Vendor Type Bid Amount Responsive
CALLE FRONTERA LIFT STATION S…
Exhibit “J”
707
BA20250342634
Entity Details
Corporation Name WESTERN GROUND IMPROVEMENT, INC.

Entity No. 3339406
Formed In CALIFORNIA
Street Address of Principal Office of Corporation
Principal Address 209 AVENIDA DEL MAR
STE 201B
SAN CLEMENTE, CA 92672
Mailing Address of Corporation
Mailing Address 22212 PHOENIX AVE
CARROLL, IA 51401
Attention
Street Address of California Office of Corporation
Street Address of California Office 209 AVENIDA DEL MAR STE 201B
SAN CLEMENTE, CA 92672
Officers
Officer Name Officer Address Position(s)
KENNETH KEITH HOEVELKAMP 22212 PHOENIX AVE
CARROLL, IA 51401
Chief Executive Officer, Secretary, Chief Financial Officer Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Directors
The number of vacancies on Board of Directors is: 0
Director Name Director Address
aaron michael bishop 209 AVENIDA DEL MAR STE 201B
SAN CLEMENTE, CA 92672
Agent for Service of Process
Agent Name AARON BISHOP
Agent Address 2235 CALLE OPALO
SAN CLEMENTE, CA 92673
Type of Business
Type of Business ENGINEERING
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Labor Judgment
No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 657-5448
B3454-0785 02/18/2025 2:54 PM Received by California Secretary of State

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San Clemente City CouncilJanuary 20, 2026

San Clemente City Council
January 20, 2026