San Clemente City Council
March 17, 2026

Section 17.12.140 is amended as follows:

17.12.140 Appeals of an Action.

A. Appeals by the Public.

1. Right to Appeal.
a. Decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Community Development Director and/or City Planner to the Planning Commission, except for a decision on a Wireless Permit. The Planning Commission's decision may be appealed to the City Council, whose decision shall be final. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). b. Decisions of the City Manager on City Antenna Permits. Any person may appeal a decision of the City Manager on City Antenna Permits to the Planning Commission. The Planning Commission's decision may by appealed to the City Council, whose decision shall be final. c. Decisions of the Zoning Administrator. Any person may appeal a decision of the Zoning Administrator to the Planning Commission. Then, the City Council will consider the Planning Commission's appeal decision according to Subsection (B). The City Council's decision on the appeal shall be final.
d. Decisions of the Planning Commission. Any person may appeal a decision of the Planning Commission to the City Council. The City Council's decision on the appeal shall be final.

2. Time Limits for Filing an Appeal.
a. Decisions of the Community Development Director or City Planner. Except for appeals on Wireless Permit decisions, an appeal of a decision made by the Community Development Director or City Planner shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). b. Decisions of the City Manager on City Antenna Permits. An appeal of a decision made by the City Manager on a City Antenna Permit shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. c. Decisions of the Zoning Administrator or Planning Commission. An appeal of the decision of the Zoning Administrator, or Planning Commission shall be filed in the office of the City Clerk or with the City Planner within ten consecutive calendar days following the decision sought to be appealed.
d. Calculation of the Appeal Period. For the purpose of calculating the appeal period, the first day of the appeal period shall be the day immediately following the day on which the decision occurred. Other than appeals on Wireless Permits, the final day of the appeal period shall be the tenth calendar day following the first day of the appeal period, at 5:00 p.m. If the last day to appeal falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to appeal.

3. Application for Appeal. Appeals shall be in writing on a form obtained from the Planning Division or City Clerk. The appellant shall state the specific reasons for the appeal on such form, submit funds to pay the required appeal fee, and submit public notification materials. The appeal form and fee shall be submitted within the timeframe required by Section 17.12.140(A)(2)(d). Unless otherwise provided for in Table 17.12.100, Public Hearing Requirements, of this chapter public notification materials shall consist of postage pre-paid envelopes addressed to each person owning property within 300 feet of 140

the property which is the subject of the appeal, as such names appear on the latest County equalized tax assessment role.

B. Appeals by the City Council and Planning Commission.

1. City Council Right to Appeal. The City Council may appeal any decision of the Zoning Administrator or Planning Commission by calling up the decision for consideration by the City Council, in accordance with Subsection (B)(3) 4) of this section.

2. Planning Commission Right to Appeal. The Planning Commission may appeal any decision of the Zoning Administrator by calling up the decision for consideration by the Planning Commission, in accordance with Subsection (B)(4) of this section.

23. Time Limits for Appealing a Decision. An appeal by the City Council or Planning Commission shall be made by the time the official transmittal of the decision on an application is received and filed, through minutes, action memorandum or otherwise. A transmittal of a decision shall be provided to the appeal body at the next available regular or adjourned regular public meeting following the decision. In the instance of Zoning Administrator decisions, transmittal of the decision is provided to the City Council and Planning Commission concurrently.

34. Appeal by Majority Vote. Appeals shall be initiated by a majority vote of the City Council or Planning Commission at a regular or adjourned regular public meeting. The City Council may elect to hear an appeal of a Zoning Administrator decision or send the appeal to the Planning Commission. The appeal will be heard as a public hearing at a future meeting of the appealing body as indicated in Subsection (D).

C. Public Notice of the Appeal. Notice of the public hearing on the appeal shall be provided as required in Section 17.12.100, Public Hearing and Notification, of this title. As indicated in Subsection (D) of this section, Time Limit for Hearing an Appeal, stamped envelopes for mailing the public hearing notices shall be provided by the appellant.

D. Time Limit for Hearing an Appeal. Public hearings on appeals shall be held within 60 days of the date in which an appeal is initiated by application submittal (Subsection A.3), or a majority vote by a City appeal body (Subsection B.4). The City Clerk shall notify the applicant, in writing, of the date established for the public hearing within 10 days of receipt of a completed appeal application. The appellant must provide stamped envelopes for public notification, by 20 days prior to the scheduled hearing on the appeal, or the appeal shall be taken off the appeal body's calendar and the appellant shall have waived any and all rights to such appeal.

E. Scope of Review. The body hearing the appeal shall not be limited to the issues raised on the appeal, but rather shall be entitled to review new evidence and to consider all elements of the appealed action. At the close of the public hearing on the appeal, the appellate body may reverse, affirm, revise or modify original action on the application being appealed.

F. Effective Date of Appealed Actions. Please refer to Section 17.12.130, Effective Date of Decision on an Action, of this chapter, Effective Date of Decision.
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Subject Area: Signs
This recommended revision is to allow staff to approve four or less signs under 25 total square feet in the Architectural Overlay, and under 64 square feet outside the Architectural Overlay, including new buildings, without requiring a master sign program.

Currently, Planning Commission approval is needed to allow any signs on new nonresidential buildings with a master sign program.

See redline code changes in the following page(s).

INTRODUCTION
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Section 17.16.250 is amended as follows:

17.16.250 Discretionary Sign Permits.

A. Purpose and Intent. The purpose of this section is to provide a discretionary review process for signs that are significant in terms of size, number, location or type. The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood. The intent of discretionary review is also to ensure that signs comply with the purpose and intent of the City's sign regulations.

B. Authority. The final authority on Discretionary Sign Permits is as follows:

1. Planning Commission for signage in the Architectural Overlay district, freestanding signs, pole signs, and Master Sign Programs. for new development.

2. Zoning Administrator for other signage requiring a Discretionary Sign Permit.

C. Applicability. A Discretionary Sign Permit is required to allow any of the following:

1. Sign types for which a Discretionary Sign Permit is required in Table 17.84.030(A), Matrix of Sign Types.

2. Tenant exceeding 64 square feet at a property outside of the Architectural Overlay District.

3. Tenant signage exceeding 25 square feet at a property within the Architectural Overlay District.

4. Signs with neon lighting.

5. Master Sign Programs according to Section 17.84.020(G).

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.140, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives a complete application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines. a. Development Management Team review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act and determine if environmental studies are required. If studies are required, then they shall be conducted at the applicant's expense, which may involve the selection of a consultant.
c. Design Review Subcommittee review. The Design Review Subcommittee shall review applications.

The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025. 143

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings. c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings. Prior to approval of a Discretionary Sign Permit, all of the following findings shall be made:

1. The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, Design Guidelines, respective specific plan or Architectural Overlay District in which the sign is to be located;

2. The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

3. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

4. The design and materials of the sign provide a contrast between the background and letters;

5. If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

6. If a pole sign is included in the sign application, the design, scale or location of the building dictates the use of a pole sign rather that a monument sign;

7. For Master Sign Programs:
a. The provisions of the Master Sign Program ensure consistency in design and style of all new signs, b. The provisions of the Master Sign Program address compatibility of the design and style of any existing signs on the building or site, and
c. All new signs within the Master Sign Program are in compliance with the design standards of this chapter.

G. Appeals. An appeal of the action upon a Discretionary Sign Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as consideration of concurrent applications, time limits on approvals and time extensions.
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Section 17.84.020 is amended as follows:

17.84.020 General Regulations.

A. Purpose and Intent. The purpose of these general regulations is to define the parameters for design, size, height and location of signs. The requirements related to the number, design type and size of signs outlined in this chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance. Consideration shall be given to the sign's relationship to the overall appearance of the subject property and surrounding area.

B. General Design Standards.

1. Construction of Signs.
a. Signs shall be constructed as to not obstruct line of sight for pedestrians, bicyclists or vehicular drivers.
b. All permanent sign faces shall be constructed of permanent materials including, but not limited to, painted and/or sandblasted wood, ceramic tile, applied letters, carved wood, metal, plastic or other compatible, durable and waterproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign. c. All signs shall be constructed in accordance with all applicable Uniform Building Code and National Electrical Code provisions.
d. Sign support hardware shall be of a compatible material and design with the sign it supports and shall compliment the architecture and design of building to which it is affixed. Sign supports of a permanent sign shall be reviewed as part of the sign application. e. Signs shall be designed and oriented to minimize light or glare upon adjacent residential properties and public rights-of-way.
f. Sign design, scale, color and materials shall be selected that are compatible in style with the building it serves.

2. Lighting of Signs.
a. Electrical lines from buildings to signs shall be concealed from public view. Exposed raceways are prohibited.
b. Light fixtures in planted areas or within support structures shall be screened. c. All external lighting shall be directed away from any adjacent residential uses and public rightsof-way. d. Internally lighted signs shall be a maximum of 200,000 lumens. Neon lighting may be used as an alternative lighting source.

3. Landscaping.
a. Landscaped planters shall be required to be installed at the base of all permanent freestanding signs.
b. The area of the landscaped planter shall be at least equal in size to the area of two sign faces for pole signs and one sign face for monument signs.
c. All landscaped planters shall be irrigated and landscaped with living plant material. Drought tolerant, low maintenance plants shall be utilized wherever possible. 145

d. The type of irrigation required will be dependent on the type of landscaping proposed. Plants requiring extensive watering shall require automatic irrigation systems. e. All landscaped planter areas and plant materials shall be maintained in a neat and healthy manner and shall be kept free of all debris and trash.

C. Design of signs within an Architectural Overlay District. The Architectural Overlay District sign standards are intended to maintain or enhance the character of the area. Public and private buildings have been constructed and maintained in the traditional Spanish Colonial Revival style of architecture. The district emphasizes a pedestrian orientation giving the area a distinct identity. The design, scale, color and materials of signs should be compatible with both the Spanish Colonial Revival style of architecture and the unique character of the district in which the sign is to be located. Therefore, signs within the Architectural Overlay District shall comply with the following additional standards:

1. All signs shall be hand-crafted in appearance.

2. Acceptable sign materials may include, but are not limited to, sandblasted and carved wood, handpainted, glazed tile, pinned metal or wood letters, or other similar materials. All signs shall be constructed of and mounted and supported with materials compatible with the Spanish architectural theme including, but not limited to, stained wood supports and accents, trowelledtroweled stucco applications, painted terra cotta tiles, ornamental wrought iron, canvas awnings or other similar materials.

3. Signs may be illuminated as follows:
a. External lighting (e.g. spot lighting, goose neck lights). b. Back lighting.
c. Neon lighting with the approval of a Discretionary Sign Permit per Section 17.16.250.

Figure 17.84.020A
D. Sign Area Allowed.
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1. Maximum Sign Area Limitations for a Site.
a. Purpose and Intent. The purpose of this subsection is to regulate the maximum sign area allowed for a site. The intent of these regulations is to make the total sign area allowed on a site proportionate to the length of business frontage. The intent is also to limit the total sign area along any one boundary of a site. Within this subsection, service stations are treated differently than other businesses, in terms of the total sign area permitted, because of the typically limited scale of buildings on a service station site.
b. Maximum Sign Area Allowed Per a Site.

The maximum sign area allowed for a site shall be as follows:
i. For nonresidential buildings, one square foot of sign allowed for each lineal foot of all business façade;
ii. For service stations, one square foot of sign area allowed for each lineal foot of street frontage.

Figure 17.84.020B
c. Maximum Sign Area Oriented Toward Any One Property Line of a Site, Common Parking Area, Pedestrian Area, Driveway or Alley.

The maximum sign area oriented toward any one property line of a site or common parking area, pedestrian space, or driveway shall be limited as follows:
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i. For nonresidential buildings, one square foot of sign allowed for each lineal foot of adjacent building elevation;
ii. For service stations, one square foot of sign area allowed for each lineal foot of adjacent street frontage;
iii. For signs oriented toward alleys, a maximum of one six square foot nonilluminated sign per business shall be permitted.

Figure 17.84.020C
d. Computation of Sign Area.
i. Sign Area of Individual Single-Faced Signs. The area of a sign shall be computed based on the entire area within a single continuous perimeter enclosing the extreme limits of the sign, including all words, symbols, emblems, representations or other display, together with any material or color forming an integral part of the sign or display. The area of a sign 148

shall also include all nonstructural perimeter trim, but excludes the structures or uprights on which the sign is supported, unless such supports or uprights are designed in a manner so as to form an integral background of the sign.
ii. Sign Area of Window Signs. The area of a window sign shall be the area composed of words, letters, symbols or other display. For maximum window sign area allowed, refer to sign matrix, Section 17.84.030(C) of this chapter.
iii. Sign Area of Multifaced Signs. Except for monument signs, the sign area for a sign with more than one face shall be computed by adding together the area of all sign faces. For monument signs, when two identical sign faces are placed back to backback-to-back and not more than three feet apart at all points, the sign area shall be computed by the measurement of only one of the sign faces.
e. Maximum Sign Area Allowed Per Sign. The maximum sign area allowed per sign is 64 square feet. f. Maximum Length of a Sign Allowed Per Business Façade. The maximum length of a sign allowed is 75 percent of the length of the business façade.
g. Maximum Sign Area Allowed Per Business. The maximum sign area allowed per business shall be as follows:
i. For signs within an Architectural Overlay district, less than 25 square feet unless a Discretionary Sign Permit is approved.
ii. For signs within areas other than an Architectural Overlay district, 64 square feet unless a Discretionary Sign Permit is approved.

E. Computation for Sign Height. The height of a sign shall be computed as the distance from the base of the sign at finished grade to the top of the highest attached component of the sign. In the case when the finished grade cannot be reasonably determined, sign height and/or finished grade shall be determined by the City Planner or their designee.

F. Maintenance of Signs. If any sign is not maintained free of all defects, including but not limited to cracking, peeling, rusting or other States of disrepair, it shall be the duty of the owner of the sign or the property owner of the business or building to repair, if necessary paint or remove the sign. If the sign is not repaired, painted or removed, the City Planner shall initiate the public nuisance abatement procedures to cause the sign to be repaired, maintained or removed at the expense of the owner of the sign or the property owner of the business or building. Also see Section 17.84.010(E), Sign Violations, of this chapter.

G. Master Sign Program.

1. Purpose and Intent. The purpose of this section is to establish a procedure to ensure coordination of the design of new signs concurrent with the design of the project. The intent is to improve the architecture, streetscape, signs and overall aesthetics of the site. A Master Sign Program provides a clear understanding of what the standards are for new and existing signs on the site. A Master Sign Program will also provide for consistent and streamlined review, approval and administration of existing and new signs for the site. A Master Sign Program requires a Discretionary Sign Permit.

2. Applicability. A Master Sign Program shall be required for the following:
a. Any existing single-tenant nonresidential or mixed-use building or site on which the owner proposes to add and/or modify four or more signs with a total sign area of 25 square feet or more in the Architectural Overlay District, or more than a total sign area of 64 square feet outside the Architectural Overlay District;
b. Any new nonresidential building;
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c. Any new commercial project with multiple buildings ; b.d. Any gas/service station that proposes new signs or modifications to existing signs, except as allowed by State law.;
e. Any existing building on which the owner proposes to add and/or modify four or more signs. f. Any existing building on which the owner proposes to add and/or modify fewer than four signs will be reviewed by the Planning Commission, at the owner's request.

3. Exemptions. Subsequent signs installed that are part of a previously approved Master Sign Program and are consistent with the provisions of that Master Sign Program shall require an Administrative Sign Permit but shall be considered exempt from Discretionary Sign Permit Review.

4. Application. Applications for a Master Sign Program shall be made in writing on the Discretionary Sign Permit application form provided by the Planning Division and submitted to the Planning Division along with the required fees.

H. Removal of Signs. The City shall require removal of any sign, at the owners' expense and without compensation, that meets any of the following criteria.

1. Any sign erected without first complying with all ordinances and regulations in effect at the time of its construction, erection or use;

2. Any sign which was lawfully erected, but whose use has ceased, or the structure upon which the sign has been abandoned by its owner, for a period of not less than 90 days;

3. Any sign which has been more that 50 percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within 30 days of the date of its destruction;

4. Any sign whose owner seeks relocation thereof and relocates the sign;

5. Any sign that is temporary;

6. Any sign for which there has been an agreement between the sign owner and the City, for its removal as of any given date;

7. Any sign whose owner, outside a change of copy, requests permission to remodel and remodels that sign, or expand or enlarge the building or land use upon which the sign is located, and the sign is affected by the construction, enlargement or remodeling, or the cost of construction, enlargement or remodeling of the sign exceeds 50 percent of the cost of the reconstruction of the building;

8. Any sign which is or may become a danger to the public or is unsafe;

9. Any sign which constitutes a traffic hazard not created by a relocation of streets or by acts of the City or County.

10. Any nonconforming sign where there has been a change of use on the subject site. 150
Subject Area: Landscape Exceptions
This recommended revision is to allow Zoning Administrator approval of a Minor Exception Permit to grant landscape area exceptions in commercial and mixed-use zones. Currently, Planning Commission approval of a Conditional Use Permit is required.

This change would align the process for landscape exceptions that applies in residential zones with more appropriate required findings that relate to exceptions.

See redline code changes in the following page(s).

INTRODUCTION
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Section 17.16.090 is amended as follows:

17.16.090 Minor Exception Permits.

A. Purpose and Intent.The purpose of the Minor Exception Permit process is to provide for streamlined review of requests for minor modifications of selected site development regulations and applicable off-street parking requirements in those circumstances where such exception constitutes reasonable use of property, will be compatible with adjoining uses, and will be consistent with the goals and objectives of the General Plan and intent of this title.

B. Authority.The Zoning Administrator is the final authority on Minor Exception Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C. Applicability.Minor Exception Permits are required for deviations in the following standards:

1. Arbors, as provided for in Section 17.32.050(A), Arbors;

2. Encroachment from the median front yard setback, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

3. Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

4. Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

5. Encroachments of bay windows into any required front yard setback areas, as provided for in Section

17.24.080, Encroachments into Setbacks and Height Limits;

6. Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

7. Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

8. Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(l)(a), landscaping Requirements for Specific Zones, Residential Zones, and for Commercial and Mixed-Use Projects, as provided for in Section 17.40.050(C)(e), Mixed-Use Zone Special Development Standards;

9. Parking modifications for historic structures in RM and RH Zones, as provided for in Section

17.64.125(B), Historic Structures in RM and RH Zones;

10. Nonconforming structure requirements, exception for single-family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section 17.72.050(1)(3)(b)(i)];

11. Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section

17.64.125(B), Historic Nonresidential and Mixed-Use Structures;

12. Parking modifications for minor additions to nonresidential and the commercial portion of mixed-use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;

13. Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;
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14. Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15. Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Encroachments into Setbacks and Height Limits;

16. Retaining walls, as provided for in Section 17.24.180(D)(2)(b) and 17.24.180(D)(4), Exceptions;

17. Satellite antennas, as provided for in Section 17.28.080(B)(2),Minor Exception Permits;

18. Setbacks for buildings provided encroachments comply with length limitations in Section 17.24.080(B), as follows:
a. A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,
b. Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,
c. A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,
d. For lots subject to a 16-foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

19. Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break.

D. Submittal Requirements.Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines. a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings. 153
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c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Minor Exception Permit, all of the following findings shall be made:
a. The requested minor exception will not interfere with the purpose of the zone or the standards of the zone in which the property is located;
b. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the Minor Exception Permit; and c. The approval or conditional approval of the Minor Exception Permit will not be detrimental to the health, safety or welfare of the general public.

2. Specific Findings. In addition to the general findings required in Subdivision 1. of this section, specific findings shall be made prior to the approval of an application for a Minor Exception Permit for the following requests, as follows:
a. Arbors, specific findings in accordance with Section 17.32.050(A)(3), Required Findings; b. Fences, hedges and walls, specific findings in accordance with Section 17.24.090(C)(2)(c), Required Findings;
c. Garage encroachments, specific findings in accordance with Section 17.32.050(E)(5), Required Findings;
d. Landscaping requirements for Residential Zones, specific findings in accordance with Section

17.68.050(A)(1)(a)(i), Landscape Requirements for Specific Zones, Residential Zones; e. Parking modifications for historic structures in RM and RH Zones, as provided for in Section

17.64.125(B), Historic Structures in RM and RH Zones;
f. Parking modifications for nonresidential and mixed-use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed-Use Structures; g. Parking modifications for minor additions to nonresidential and the commercial portion of mixeduse structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed-Use Structures;
h. Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Change of Use;
i. Parking modifications for restaurants, due to joint use of parking and off-peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants; j. Retaining walls, specific findings in accordance with Section 17.24.180(D)(4)(b), Exceptions; k. Satellite antennas, specific findings in accordance with Section 17.28.080(F)(4), Required Findings;
l. Reduced rear yard setback, specific findings in accordance with Appendix A, subsections (L) and (K).

G. Appeals.An appeal of the action on a Minor Exception Permit shall be reviewed in accordance with Section

17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant.Modifications to approved Minor Exception Permits shall be reviewed in accordance with Section 17.12.180, Modification of an Approved Application. 154
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I. Modifications and/or Revocations Initiated by the City.The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J. Other Review Requirements.Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Permit is Transferable with Property.The approval of Minor Exception Permits shall continue to be valid upon a change of ownership of the site to which it applies. (Ord. 1319 §§ 6, 7, 2006; Ord. 1314 §§ 9—10, 2006; Ord. 1304, § 14, 2005; Ord. 1253 § 4, 2001; Ord. 1190 §§ 6, 7, 1997; Ord. 1182 §§ 6, 7, 1997; Ord. 1172 § 3 (part), 1996) (Ord. No. 1548, § 3(Exh. C, §§ 5, 6), 3-6-2012; Ord. No. 1594, § 3(Exh. A, § 11), 5-5-2015; Ord. No. 1707, § 3, 2-2- 2021; Ord. No. 1759, § 3(Exh. A), 10-3-2023)
155

Section 17.40.050 is amended as follows:

17.40.050 Mixed-Use Zone Special Development Standards.

This section and Chapter 17.24, General Development Standards, of this title, includes a number of special provisions affecting mixed-use properties. Unless otherwise indicated in the referenced sections, or in other City documents regulating mixed-use development, the development standards listed in Chapter 17.24, General Development Standards, of this title shall apply to all zones described in this chapter.

Table 17.40.050
Special Development Standards for All Mixed-Use Zones
Standards Sections
Accessory Buildings Section 17.24.040
Arbors (Residential Structures Only) Section 17.32.050(A), Arbors Building Equipment and Services and Their Screening Section 17.24.050 Density Allowance for Lots with Less than 3,600
Square Feet of Lot Area (Residential Lots Only)
Section 17.32.050(B), Density Allowance for Lots with
Less than 3,600 Square Feet of Lot Area (residential
lots only)
Distance Between Primary Buildings, Minimum
Required
Section 17.32.050(C), Distance Between Primary
Buildings, Minimum Required
Encroachment into Setbacks and Height Limits,
General
Section 17.24.080
Fences, Walls, Hedges Section 17.24.090
Front Setback, Special Provisions for Reduction
(Residential Lots Only)
Section 17.32.050(D)
Garage Encroachment into the Front Yard Setback
(Residential Lots Only)
Section 17.32.050(E)
Height Limitations Section 17.24.110, Front Setbacks, Special Provisions for Reductions (residential lots only), Section

17.32.050(D), Garage Encroachment into the Front
Yard Setbacks (residential lots only),
Section 17.32.050(E)
Lighting Section 17.24.130
Off-Street Loading Area Section 17.24.150
Relocation of Structures Section 17.24.160
Residential/Nonresidential Use Restrictions for MU

3.0-CB
Please refer to Section 17.56.030, Central Business
District Overlay.

Residential/Nonresidential Use Restrictions for MU 5
(Minimum Contiguous Use)
Please refer to subsection (A),
Residential/Nonresidential Use Restrictions for MU 5.

Residentially Zoned Properties, Development Adjacent
to
Section 17.24.170
Retaining Walls Section 17.24.180
Skirt Walls Section 17.24.190, Special Provisions for Dwelling Units with Front Entrances Located Along the Side
Property line (residential lots only), Section

17.32.050(F)
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Special Provisions for Dwelling Units with Front
Entrances Located Along the Side Property Line
(Residential Lots Only)
Section 17.32.050(F)
Substandard lots Section 17.24.200
Through lots, Rear Yard Setback For Section 17.24.210
Trip Reduction Measures for Projects With Greater
Than 100 Employees
Chapter 17.76
Unit Size, Minimum Please refer to subsection (B), Unit Size, Minimum A. Restrictions for MU 5 (Minimum Contiguous Use). In order to maintain and enhance the compatibility of existing land uses in the MU 5 zone, the development of a vacant site or demolition of an existing primary structure and construction of new primary structure on a site in this zone shall comply with the following standards:

1. Nonresidential development is required on a site when the development would result in a minimum of 20,000 square feet of contiguous lot area devoted to nonresidential development within a block;
Figure 17.40.050A

2. Residential development is required on a site when the development would result in a minimum of 20,000 square feet of contiguous lot area devoted to residential development within a block;

3. A choice of nonresidential or residential development is allowed on a site when the following conditions exist:
a. The development of the property would result in a minimum of 20,000 square feet of contiguous lot area devoted to both nonresidential and residential development within a block; or
b. The subject site is a corner lot; or
157

c. Any other circumstances not addressed by the restrictions described in this section.

Figure 17.40.050B
Contiguous lot area, for the purpose of this standard, includes the lot area of contiguous adjacent parcels which are currently developed with the use in question (residential or nonresidential).

Contiguous lot area is calculated within blocks. Parcels located on adjacent blocks are not counted in contiguous lot area calculations.

Figure 17.40.050C
158

B. Minimum Dwelling Unit Size for Mixed-Use Projects. For mixed use projects, the minimum unit size for dwelling units shall be 600 square feet of habitable floor area. Exceptions to this standard may be granted by the City for affordable or senior housing, through the discretionary review process required for the project.

C. Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller.

1. Exceptions. Development of commercial and mixed-use projects on lots of 12,000 square feet or smaller shall comply with the standards of Mixed Use zones, with the following exceptions that may be granted through a Conditional Use Permit, in accordance with Section 17.16.060, of this titleexcept for the following:.
a. Minimum Commercial Floor Area for Mixed-Use Projects. With approval of a Conditional Use Permit, tThe minimum commercial floor area requirement for mixed-use projects may be reduced from .35 to .15 when the following criteria apply:
i. The project site is 12,000 square feet or smaller in size. ii. The maximum floor area of the mixed usemixed-use project has been limited to

1.2 or smaller.
b. Circulation for Commercial and Mixed-Use Projects. The following exceptions from parking circulation requirements in the City's Engineering Division Technical Standards, with City Engineer's concurrence may be granted:

Standard Lots 60 feet
wide
or less
Lots wider
than
60 feet to
lots
120
feet
wide
Driveway Width, Driveways 16'—24' 20'—24'
Lots 6,000
square
feet or
smaller
Lots from
6,001
to
12,000
square
feet
Parking Space Width,
Parking Spaces
Located Adjacent to
Walls
9'—11.5' 11.5'
cb. Maximum Height Limit for Mixed-Use Projects. With approval of a Conditional Use Permit, tThree stories, with 45 feet to top-of-roof and 37 feet to plate, may be allowed for mixeduse projects on lots 12,000 square feet or smaller, if the following finding can be made in addition to the other findings required for exceptions for mixed-use projects on small lots and the general findings for Conditional Use Permits:

The Planning Commission has reviewed and considered the project in light of the design guidelines of the City and all appropriate appendices, and finds the project to be 159

acceptable in terms of height, massing, scale and compatibility with and/or sensitivity to neighboring projects.
dc. Total Parking Space Requirement for Mixed-Use Projects on Lots of 6,000 Square Feet or Smaller. When the calculation of the total number of parking spaces required for a mixeduse project is a number less than five (e.g. 4.9), then the number may be rounded down, with approval of a Conditional Use Permit, if all of the following conditions apply:

Number of
Required
Parking Spaces
Number
Rounded Down
to:

Conditions which must apply
Between 4.0 and

4.9 4 • Maximum one residential unit;
• The net floor area of the residential portion of the project is 2,700 square feet or less;
• The total number of bedrooms in the residential portion of the project is 3 or fewer;
• The net floor area of the non-residential portion of the project is less than 800 square feet.

Between 3.0 and

3.99 3 • Maximum one residential unit;
• The net floor area of the residential portion of the project is 1,800 square feet or less; • The total number of bedrooms in the residential portion of the project is 2 or fewer;
• The net floor area of the non-residential portion of the project is less than 800 square feet.
ed. Landscaping for Commercial and Mixed-Use Projects. The following reductions in the landscaping required in Section 17.68.050(C)(b), Urban Open Area Requirement, of this title, may be granted with approval of a Minor Exception Permit:

Standard Lots 6,000 square feet or
smaller
Lots from 6,001 to 12,000 square
feet
Total Urban Open Area (as
percent of net lot area)
No Reduction
If provided on street level 15%
If provided on multiple levels 25%
Percentage of Urban Open
Area to be provided in
Landscaping
20%
Landscape pockets along the
edges of driveways
Pockets for landscaping no deeper than one foot (measured into the driveway) or wider than two feet (measured along driveway) are allowed to project into the required driveway, as long as the landscaping pockets comply with the following conditions, which are to be included as conditions of approval for the project:
•Are not so frequent as to essentially narrow the minimum width of the driveway;
•Contain landscaping which will not that will not hamper sight distance to the street;
•and Contain landscaping which will not protrude into the driveway in a manner that hampers adequate access to and from parking spaces. 160

Landscaping credit for trailing
or climbing vines
Through the discretionary review process required for a project, the City may give vine plantings credit for greater than the size of the planting area (toward the landscaping requirement for the project).
fe. Miscellaneous Parking Requirements for Existing Development Being Converted to a Mixed-Use Project on Lots 6,000 Square Feet or Smaller. When a commercial or residential project legally existing prior to May 16, 2001, is being converted to a mixed-use project, then the requirements for covered parking, parking location, parking space size and parking-related landscaping found in this chapter may be reduced with approval of a Conditional Use Permit, and if all of the following findings can be made in addition to the other findings required for exceptions for mixed-use projects on small lots and the general findings for Conditional Use Permits.
i. No square footage is being added to the project;
ii. There is not net increase in the number of parking spaces required for the project, as defined in Table 17.40.040, Mixed-use Zone Development Standards, footnote 9. The requirement for covered parking spaces is waived for no more than two parking spaces;
iii. The conversion improves the quality of the project and the neighborhood; iv. The conversion contributes to the goals established for the land use designation, as defined in the City's General Plan, the purpose and intent established for the zone, as defined in the Zoning Ordinance, and compliance with the guidelines, as defined in the Design Guidelines of the City; and v. Except for the parking requirements being waived, the project meets the intent of the Design Guidelines of the City and all appropriate appendices, as they relate to parking.

2. Required Findings for Exceptions. Prior to approving a Minor Exception Permit or Conditional Use Permit, whichever is required, for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a Minor Exception Permit or Conditional Use Permit, whichever is required:
a. Because of the limited size of the lot, the exception(s) is (are) reasonably necessary to accommodate development that fulfills the purpose and intent of the zone and relevant overlay zones;
b. The project meets the intent of the Design Guidelines of the City and all appropriate addendums as it relates to projects in this zone.

D. Exceptions to the Minimum Floor Area Requirements for the Commercial Portion of Mixed-Use Projects for Buildings on the City's Designated Historic Structure List in Mixed-Use Zones.

1. Exceptions. Structures on the City's Designated Historic Structures List and located in mixed-use Zones may be excepted from the minimum floor area requirements for the commercial portion of mixed-use projects through a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits.

2. Required Findings for Exceptions. Prior to approving a Conditional Use Permit for an exception to the minimum commercial floor area for mixed-use projects allowed in this section, all of the following findings must be made along the general findings required for the approval of a Conditional Use Permit:
a. The project contains commercial floor area that meets the intent of the zone; 161

b. The exception is necessary to maintain the historical integrity of the structure; c. The project meets the intent of the City's Urban Design Guidelines, as it relates to projects in this zone.

E. Exceptions to the Development Standards for Mixed- Use 3.2 Zone on Lots of 8,000 Square feet or Smaller.

1. Exceptions. Development of mixed-use projects on lots of 8,000 square feet or smaller shall comply with the standards of Mixed Usemixed-use zones, with the following exceptions that may be granted through a Conditional Use Permit, in accordance with Section 17.16.060, of this title. a. Minimum Commercial Floor Area for Mixed-Use Projects. The minimum commercial floor area requirement for mixed-use projects may be reduced from .35 to .15 when the following criteria apply:
i. The project site is 8,000 square feet or smaller in size. ii. The maximum floor area of the mixed usemixed-use project has been limited to

1.2 or smaller.

2. Required Findings for Exceptions. Prior to approving a Conditional Use Permit for exceptions allowed in this section, all of the following findings must be made along with the general findings required for the approval of a Conditional Use Permit:
a. Because of the limited size of the lot, the exception(s) is (are) reasonably necessary to accommodate development that fulfills the purpose and intent of the zone and relevant overlay zones;
b. The project meets the intent of the Design Guidelines of the City and all appropriate addendums as it relates to projects in this zone.

F. Building Height and Stories in the Downtown Core. In the Downtown Core, building height shall not exceed 33 feet or two stories. On sloping sites, the City Council may grant an exception to allow threestory buildings up to 35 feet in height. To grant an exception, the City Council must make each of these findings:

1. The proposed building façade, as viewed from the public sidewalk located immediately adjacent to the site, would not exceed 35 feet or two stories.

2. The site's topography allows a "stepped" building design to reduce apparent height, especially when viewed from Avenida Del Mar or El Camino Real.

3. The proposed building's design is consistent with Design Guidelines and the General Plan Urban Design Element's requirements.

4. The development project is consistent with the Zoning Ordinance.

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Subject Area: Condominium Conversions
This recommended revision is to simplify a process for determining the allowed number of apartments that may be annually converted to condominiums by adding a limit of 25 unit conversions maximum per calendar year, without having to certify the vacancy rate.

Currently, the Planning Commission must certify the annual vacancy rate. If the vacancy rate is below 10 percent, then the maximum amount of units that can be converted to condominiums is 25 units, plus 50% of the yearly average of multi-family rental units constructed in the two years immediately preceding the vacancy certification date. The vacancy rate has been below 10 percent for several years, and the City consistently does not receive many applications for condominium conversions. Within a calendar year, usually the total amount of apartments proposed for conversion is below 25 units. This proposed change would reduce staff time on a process that can be reallocated to processing development applications.

See redline code changes in the following page(s).

INTRODUCTION
163

Section 16.08.060 is amended as follows:

16.08.060 Tentative parcel map processing and action.

A. The Development Management Team shall review tentative parcel maps to determine if they comply with the statutes of the state and with the provisions of this code and other ordinances of the City.

B. Public hearings is required. A public hearing and notification shall be conducted in compliance with Section

16.04.010.

C. Required findings. The review authority (specified in Section 16.04.015) shall approve, conditionally approve, or recommend approval of a tentative parcel map if a map complies with State and City regulations and the map meets the following required findings:

1. The site is physically suitable for the type of development.

2. The site is physically suitable for the proposed density of the development.

3. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

5. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific planCity requirements.

6. If there is an easement, either of the following findings shall be made:
a. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
b. Alternate easements for access or for use will be provided, substantially equivalent to ones previously acquired by the public, that are easements of record or easements established by judgment of a court of competent jurisdiction.

D. Conditions of approval may be required. If they are, the subdivider shall agree to fully comply with such conditions prior to the recordation of a final parcel map. Improvements required as a condition of approval shall be limited to the dedication of rights-of-way, easements, construction of necessary improvements for the development, and construction of reasonable off-site improvements for the parcels being created.

E. Documentation of decisions. The City Clerk shall stamp and sign the tentative parcel map to signify the decision-making authority's action on a map.
164

Section 16.12.090 is amended as follows:

16.12.090 Tentative map approval or denial.

A. Public Hearing is Required. A public hearing and notification shall be conducted in compliance with Section

16.04.010.

B. Required Findings. The review authority (specified in Section 16.04.015) shall approve, conditionally approve, or recommend approval of a tentative tract map if a map complies with State and City regulations and the map meets the following required findings:

1. The site is physically suitable for the type of development.

2. The site is physically suitable for the proposed density of the development.

3. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

5. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific planCity requirements.

6. If there is an easement, either of the following findings shall be made:
a. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.
b. Alternate easements for access or for use will be provided, substantially equivalent to ones previously acquired by the public, that are easements of record or easements established by judgment of a court of competent jurisdiction.

C. Documentation of Decisions. The City Clerk shall stamp and sign the tentative tract map to signify the decision-making authority's action on a map.

D. Conditions of Approval. The Planning Commission or City Council may include conditions of approval for a tentative tract map not in compliance with existing zoning regulations; provided, that such map complies with zoning regulations adopted by ordinance by the City Council but not yet effective. Such action shall include a condition that a final tract map of the subject parcel of land shall not be recorded until the appropriate zoning regulations have become effective.

E. Public Access Requirements for Subdivisions Fronting Coastline or Shoreline. When a subdivision fronts coastline or shoreline, reasonable public access by fee or easement shall be provided from public highways to land below the ordinary high-water mark on the ocean coastline or a bay shoreline within or at a reasonable distance from the proposed subdivision as a condition of approval of any tentative tract map.

Such public access shall be expressly designated on the final tract map, and such map shall designate such access is dedicated to the City.

1. "Reasonable public access" shall be determined by the review authority, considering the following:
a. That access may be by highway, foot trail, bike trail, horse trail or any other means of travel. b. The size of the subdivision.
c. The type of coastline or shoreline and the various appropriate recreational, educational and scientific uses; including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shell fish and scientific exploration. 165

d. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

2. If reasonable public access is not provided through or across the subdivision itself, the review authority shall find: "public access is a reasonable distance from the subdivision." The finding shall be shown on the final tract map.

F. Time Limits.

1. A tentative tract map shall be acted upon within 50 days after the Director accepted and dated the filing of the tentative tract map; except, that such time limit may be extended by mutual consent of the subdivider and the decision-making authority.

2. As specified in Section 16.04.015, the Planning Commission is responsible for making recommendations to the City Council on the approval, conditional approval, or denial of subdivisions, excluding condominiums, condominium conversions, community apartments, time shares, and stock cooperatives. For these subdivisions, the City Council shall act upon the tentative tract map within 30 days after the Planning Commission action; except, that such time limit may be extended by mutual consent of the subdivider and the City Council.

3. If no action is taken within the time limits stated in subsections (F)(1) and (2) above, the tentative tract map, as filed, shall be deemed to be approved.

G. Distribution of report to Subdivider. The approval, conditional approval or disapproval of a tentative tract map shall be reported, in writing, directly to the subdivider. This requirement shall be deemed to have been complied with when a report of the action has been placed in the mail directed to the subdivider at his or her designated address and bearing the proper postage.

H. Withdrawal of Tentative Tract Maps. Any subdivider or record owner of property upon which a tentative tract map has been filed may withdraw such map at any time before a decision is made on a subdivision.

Upon receipt of such notice, each person, officer, department, municipality, district or agency shall be notified from which a report was requested when the tentative tract map was filed. Upon the completion of such notification, the tentative tract map shall have been officially withdrawn. No refund in filing fee for any such map withdrawn shall be made.
166

Section 16.40.010 is amended as follows:

16.40.010 Condominium and time share use or project conversion.

A. Condominium Conversions Allowed. Determination—Allowance of Converting Apartment Units.* The maximum number of multi-family dwelling rental units that can be converted into condominiums is 25 units per calendar year, Planning Commission of the City shall, on an annual basis, determine whether duplex and multiple-family dwelling units may be converted into units of a community housing project in accordance with the following:

1. Within one (1) month of publication of the annual State Department of Finance "Orange County Population and Housing Estimates," the Planning Commission shall certify the residential vacancy rate for the City as being that rate shown in the report for San Clemente. 2. In the event that said vacancy rate is in excess of ten (10) percent, the City shall not restrict the number of duplex and multiple-family dwelling units that may be converted into units of a community housing project in the forthcoming year.

13. In the event that said vacancy rate is ten (10) percent or less, the City shall restrict the number of duplex and multiple-family dwelling units for conversion into units of a condominium project in the forthcoming year to a maximum of 25 units, plus fifty percent (50%) of the yearly average number of duplex and multiple family rental units constructed in the two years immediately preceding the vacancy certification date, with the date of such construction measured as of the date the City issues a final inspection or certificate of occupancy. In addition, Nno conversions shall be allowed at any time for multiple family rental units located within the Marblehead Inland, Rancho San Clemente, and Talega Specific Plan Areas.

2. In the event that fewer than thec maximum number of units are converted in any given year, the surplus shall not be carried over to the following year.

This section shall not apply to condominium projects involving buildings which have not been previously occupied or buildings for which the City has not issued a final inspection or certificate of occupancy for a use other than condominiums by the date the City Council approves the tentative map., and these units shall not be considered by the City Planner in calculating the number of duplex and multiple-family rental units constructed in a given fiscal year.

B. Requirements for Conversion.

1. A tentative tract map shall be filed if the number of units proposed for conversion exceeds four units per Chapter 16.12. If the project is less than four units the parcel map procedure shall be followed per Chapter 16.08.

2. Parking shall be consistent with the present requirements of the district.

3. Density, where possible, should be brought into line with present zoning.

4. Modification or the addition of landscaping may be required.

5. Separate water meters shall be installed for each unit. At least one water meter shall be installed for any common areas.

6. Prior to the issuance of a certificate of occupancy pursuant to subsection D of this code, inspectors of the Community Development Department shall inspect each unit and verify that all requirements of subsection B of this section have been met.

C. Contingency Fund Deposits for Unit Developments, Time Share Uses or Projects, and Condominium Projects. 167

1. It is the intent of the City in requiring the creation of a contingency or reserve fund for condominium projects, time share uses or projects, or other forms of independently owned dwelling units having common areas, to provide a surety for emergency repairs or restoration of such common areas and exteriors of buildings in the interests of the economic, aesthetic and environmental betterment of the City, as well as to protect the general welfare. The City does not intend to intrude into those areas regulated by the Real Estate Commissioner pursuant to the laws of the state. The sole purpose of the City Council in requiring such funds is to preserve those interests as set forth hereinabove for the entire community of the City.

2. The subdivider is required to deposit with the homeowners' or occupiers' association's established fund the sum of two hundred dollars ($200.00) per unit in any planned unit development, condominium project, or time share use or project. Such deposit shall be used solely and exclusively as a contingency fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units and such other restoration or repairs as may be assumed by the home owners' or occupiers' association or management corporation.

D. Certificate of Occupancy Required. In accordance with Section 306 and Section 502 of the Uniform Building Code, no building or project which has been converted to independent ownership of the units by means of a statutory condominium or subdivision of land shall be made available for sale until the Building Official has issued a certificate of occupancy therefor.
168
Subject Area: Development on Parcels Created from a Tentative Tract Map This recommended revision is to allow development on parcels created from a subdivision under a Tentative Parcel Map (4 parcels or less), with approval of a building permit, rather than approval of a Development Permit. Currently, all development on parcels created from a subdivision, whether under a Tentative Parcel Map or Tentative Tract Map, require a Development Permit. This change would only require a Development Permit for development on parcels created under a Tentative Tract Map (5 parcels or more).

See redline code changes in the following page(s).

INTRODUCTION
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Section 17.16.100 is amended as follows:

17.16.100 Development Permit.

A. Purpose.

1. Development Permits are required to ensure development projects, not involving the City's designated historic resources and landmarks list, will:
a. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.
b. Preserve and strengthen the City's unique atmosphere as a Spanish village; c. Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;
d. Encourage site design and architecture sensitive to community and neighborhood character; e. Enhance the visual environment and protects the economic value of existing structures. f. Respect the physical and environmental characteristics of the site; g. Ensure safe and convenient access and circulation for pedestrians and vehicles; h. Exemplify the best professional design practices through consistency with the City's Design Standards and Guidelines;
i. Allow for and encourage individual identity for specific uses and structures; j. Encourage a distinct community or neighborhood identity; k. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City's designated historic resources and landmarks list; l. Prevent inappropriate design or development of structures; and m. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B. Definitions.For purposes of this Section, the term "Sensitive areas" shall mean:
a. Properties located within the Architectural Overlay district; b. Properties with single-family residences or duplexes abutting the City's designated historic resources and landmarks list.
c. Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City's designated historic resources and landmarks list.

C. Applicability.

1. When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on the City's list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

2. Exemptions. The following activities are exempt from a Development Permit. a. Activities exempted from an Administrative Development Permit specified in Section 17.16.095; 170
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b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public right-of-way; d. Maintenance of property and structures;
e. Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City's designated historic resources and landmarks list, if all of the following criteria apply:
i. Projects are not located in the Architectural Overlay district; ii. Projects are not visible from public right-of-way that adjoins properties on the City's designated historic resources and landmarks list;
iii. Projects are not proposed on property abutting properties on the City's designated historic resources and landmarks list; and
iv. Projects are not visible from public view corridors designated In the General Plan. f. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

D. Review Authority.Table 17.16.100 identifies the required review authority and review process in Section

17.12.060 for each project. Development Permits are acted upon by the highest review authority designated in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100—Review Process for Development Permit
Development Activities Review
Process
(Section

17.12.060)
A. New development of nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities.

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

4. New nonresidential accessory buildings that are screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 2,000 square feet and less than 50 percent of the primary building's floor area.

5. New nonresidential accessory buildings that are unscreened from adjoining public right-ofway, or the building has floor area larger than 2,000 square feet or greater than 50 percent of the primary building's floor area.

Process 3
Process 3
Process 2
Process 2
Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 2
Process 3
C. New development of residential buildings.

1. Development of residential primary buildings that results in five or more dwelling units on a property.

2. New residential primary buildings proposed in the Architectural Overlay District.

Process 3
Process 3
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3. New residential primary buildings on properties adjoining the City's designated historic resources and landmarks list.

4. Development of a single-family dwelling or duplex across a street and abutting a property on the City's designated historic resources and landmarks list.

5. Development of three or more dwelling units on properties that are not abutting historic structures but located within 300 feet of residentially zoned buildings on the City's designated resources and landmarks list, unless exempted by Subsection 17.16.100(C)(2).

6. New residential accessory buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building's floor area.

7. New residential accessory buildings in sensitive areas (defined in Subsection B) that are unscreened from adjoining public right-of-way or the proposed building has floor area larger than 500 square feet or greater than 50 percent if the primary building's floor area.

8. Accessory Dwelling Units that vary from standards as specified in Section 17.28.270 in which discretionary review is allowed by State law.

Process 3
Process 2
Process 2
Process 2
Process 3
Process 3
D. Residential building additions.

1. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) screened from adjoining public right-of-way where the addition of floor area is less than or equal to 500 square feet and less than 50 percent of the primary building's floor area.

2. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) where the addition of floor area is unscreened from adjoining public right-of-way or the addition is larger than 500 square feet or greater than 50 percent of the primary building's floor area.

3. Residential building additions of floor area 50 percent or greater to nonconforming singlefamily residences with less than 1,400 square feet of floor areas as of March 21, 1996, expanded up to 2,100 square feet.

Process 2
Process 3
Process 2
E. New accessory structures.

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. New dDevelopment ofn new vacant parcels created from approval of a Tentative Tract Map subdivision of property.

2. New Planned Residential Developments (PRD).

3. New golf courses.

4. Nonresidential projects abutting residentially zoned properties in compliance with Section

17.24.170.

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

7. Subdivisions excluding condominiums.

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

9. Residential detached accessory structures over 15 feet in height.

Process 3
Process 3
Process 3
Process 2
Process 2
Process 2
Process 5
Process 3
Process 3
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E. Application Filing, Processing, and Review.

1. Application Filing.
a. An application for a Development Permit shall be filed and processed according to Chapter 17.12. b. The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

2. Application Review. A Development Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:
i. Complete in compliance with Section 17.12.050;
ii. In compliance with the California Environmental Quality Act as specified in Section 17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant's expense according to City policies and the City Planner's direction; iii. Consistent with the purpose of this Chapter and required findings in Subsection F to support the requested Development Permit; and
iv. Meets applicable development standards, policies, regulations, and guidelines.

3. Design Review Subcommittee Review. Applications require Design Review Subcommittee (DRSC) review if the application requires Planning Commission or City Council approval. Applications may also be referred to the DRSC by the City Planner or Zoning Administrator.

4. Decision and Appeal Process. Table 17.16.100 identifies the Review Authority and Review Process described in Section 17.12.100 for each project. Refer to Section 17.12.060 for details on the review process. Notification procedures are in Section 17.12.100.

F. Required Findings.

1. General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:
a. The proposed project is consistent with the General Plan; b. The proposed project complies with zoning regulations; c. The proposed project is consistent with the City's Design Guidelines; d. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and e. The proposed project is in character and compatible with the properties in the neighborhood.

2. Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following. 173
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a. For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section

17.56.020.
b. For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:
i. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii. The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian-orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.
c. For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.
d. For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

G. General Review Requirements.Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

H. Approval Runs with the Land.The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies. (Ord. No. 1759, § 3(Exh. A), 10-3-2023)
Ord. No. 1759, § 3(Exh. A), adopted Oct. 3, 2023, repealed the former § 17.16.100, and enacted a new § 17.16.100 as set out herein. The former § 17.16.100 pertained to architectural permits/cultural heritage permits and minor architectural permits/minor cultural heritage permits and derived from Ord. 1172 § 3 (part), adopted 1996; Ord. 1182 §§ 8, 9, adopted 1997; Ord. 1308 §§ 7—8, adopted 2006; Ord. 1445 §§ 2—4, adopted 2007; Ord. No. 1548, § 3(Exh. C, §§ 7—9), adopted March 6, 2012; Ord. No. 1561, § 3(Exh. A, §§ 4, 5), adopted Nov. 27, 2012; Ord. No. 1594, § 3(Exh. A, § 12), adopted May 5, 2015; and Ord. No. 1707, § 3, adopted Feb. 2, 2021.
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Subject Area: Encroachment Permits
This recommended revision is to add a finding for Encroachment Permits. Currently, there is no finding for Encroachment Permits when discretionary review is required. This change helps clarify discretionary approval within staff reports and resolutions, and may help reduce or eliminate questions related to these permits.

See redline code changes in the following page(s).

INTRODUCTION
175

Section 12.20.015 is amended as follows:

12.20.015 Permit for encroachment upon public easements, rights-of-way, etc.— Application—Fees.

A. An encroachment may be granted administratively for a project that is either wholly within or partially within public easements, rights-of-way, etc. In the case of a project that is either wholly or partially within public easements, rights-of-way, etc., the same discretionary review required for an identical project on the adjacent private property shall apply. If discretionary review is required, the encroachment permit will be processed concurrently with the discretionary review pursuant to Section 17.12.090, Consideration of Concurrent Applications of this code.

B. The application for such encroachment permit shall be accompanied by a filing fee as established by resolution of the City Council.

C. If discretionary review is required, approval of an encroachment shall require the review authority to find that the encroachment is not detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.
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Subject Area: DRSC References to CHSC
This recommended revision is to change “Design Review Subcommittee” references to “Cultural Heritage Subcommittee” when related to the designation of historic resources.

See redline code changes in the following page(s).

INTRODUCTION
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17.16.160 Designation of Historic Resources and Landmarks.

A. Purpose and Intent. The purpose of this section is to provide a method for determining whether places, sites, buildings, structures, objects or improvements, manmade or natural, shall be included on, or deleted from, the City's Designated Historic Resources or Landmarks Lists.

B. Authority. The Planning Commission is the final authority on amendments to the City's Designated Historic Resources List, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action, of this title. The Planning Commission shall indicate by resolution its proposed recommendation on amendments to the City's Landmark List. The City Council is the final authority on amendments to the City's Landmark List.

C. Applicability. This section shall apply to all amendments to the City's Designated Historic Resources or Landmarks Lists. The provisions of this title shall not apply to a designated property or any adjacent property until the written notice required by this section has been sent to the property owner by the Commission or Council.

D. Initiation of Amendments to the City's Designated Historic Resources List or City's Landmarks List. An amendment to the City's Designated Historic Resources List or Landmarks List may be initiated by any of the following actions:

1. At the direction of the City Planner;

2. The filing of an application by a property owner(s) or his/her (their) authorized agent(s).

E. Submittal Requirements. For owner-initiated applications, please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information, of this title.

F. Standards to be Applied in Designating or Deleting Historically Significant Resources and Landmarks.

1. Designation of Historic Resources. In designating any place, site, building, structure, object, or improvement, whether manmade or natural, in its natural setting as being of historical or cultural significance and worthy of protection under this section, the property shall have been found to have historical, cultural, or special character or interest for the general public and not be limited in interest to only a special group of persons.

The criteria to be used in determining historical, cultural or special character or interest is that the place, site, building, structure, object, or improvement is at least 50 years old, or less than 50 years old with exceptional importance, possesses integrity of location, design, setting materials, and workmanship; and meets one or more of the following:
a. Is associated with events that have made a significant contribution to the pattern of local, state or national history, specifically the 1925—1936 Ole Hanson period or the 1950s and 1960s postWorld War II period. b. Is associated with the lives of persons or with institutions significant in local, state or national history, specifically the 1925—1936 Ole Hanson period, or buildings and structures associated with President Richard Nixon.
c. Embodies the distinctive characteristics of an architectural style, type, material or the use of indigenous materials or craftsmanship, or is the work of an architect, designer or builder significant in local, state or national history. Periods for San Clemente with distinctive characteristics, as identified in the Historic Resources Survey, consist of: 1925—1936 Ole Hanson period of Spanish Colonial Revival; the 1937—1949 period for non-Spanish Colonial Revival; the 178
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1950s and 1960s Mid-Century, Modern-style commercial buildings; and, 1950s buildings in general.
d. Retains character-determining architectural features and materials. e. Exhibits Spanish Colonial Revival architectural style.

In addition, when designating a historic district, the district shall include preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

2. Designation of Landmarks. In designating any place, site, building, structure, object, or improvement, manmade or natural, and worthy of added protection under this section, the property shall have been found to have special historical, cultural, architectural, archeological, social, or aesthetic character or value inherent to the City, State, or Nation.

The criteria to be used in determining special historical, cultural, architectural, archeological, social, or aesthetic character or value is that the Landmarks shall be on the Designated Historic Resources List and meet one or more of the following criteria:
a. Associated with events that have made a significant contribution to the broad patterns of the history of the City, State, or Nation.
b. Associated with persons significant in the history of the City, State, or Nation. c. Embodies distinctive characteristics of a style, type, period, or method of construction. Of primary importance to San Clemente is the Spanish Colonial Revival architecture. d. Exemplifies the best remaining building type or architectural style in a neighborhood. e. Is essential to the integrity of another landmark.
f. Is integral to maintaining a natural or cultural landscape that strongly contributes to the wellbeing of the people of the City, State, or Nation. g. Has a unique location, singular physical characteristic(s), or is a landscape, view, or vista representing an established and familiar visual feature of a neighborhood, community, or of the City.

3. Responsibilities of Designation/Expenditure of Public Funds. Whenever a property proposed to be so designated is private, expenditures for its upkeep, preservation, maintenance and protection shall be made by the owner thereof in all but the most exceptional cases. If, after careful review, the Planning Commission proposes that public funds be expended for the preservation, restoration, maintenance or protection of a designated property or for any other purpose in connection with said designation, the recommendation made by the Planning Commission to the City Council shall set forth all facts and reasons for such recommendation and shall include a statement setting forth, as accurately as possible, the estimated cost in public funds which would be so involved. The City Council, in acting upon said proposed designation, shall also determine whether the expenditure of public funds in connection with said designation is justified. If the owner of a designated property so desires, he or she will be presented a plaque commemorating such historically valuable designation.

4. Deletion. In deleting any place, site, building, structure or object from the City's Designated Historic Resources or Landmarks Lists, the owner(s) or his/her (their) authorized agent(s) shall be responsible to provide evidence in accordance with one of the following:
a. The information relied on by the Planning Commission or City Council in making the original designation was erroneous or false, or significant new information is available that was not 179
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(Supp. No. 64, Update 2)

previously available, such that the place, site, building, structure or object does not meet the criteria specified in Subsection (F)(1) or (F)(2) of this section. b. Circumstances wholly beyond the property owner's control have rendered the resource ineligible for designation in accordance with the criteria specified in Subsection (F)(1) or (F)(2) of this section.

G. Review Procedures.

1. City's Designated Historic Resources List.
a. Following receipt of a completed application or direction from the City Planner to list or remove a property on the City's Designated Historic Structures List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Design Review Cultural Heritage Subcommittee of the Planning Commission. Consideration of amendments to the list by the Cultural Heritage Design Review Subcommittee shall be agendized at least 72 hours in advance of the hearing. The Cultural Heritage Design Review Subcommittee shall review the request and make a recommendation to the Planning Commission to add and/or delete various properties from the City's Designated Historic Resources List. The City Planner shall forward the Cultural Heritage Design Review Subcommittee's recommendation to the Planning Commission. b. After the Cultural Heritage Design Review Subcommittee's recommendation for properties to be listed on or removed from the Historic Resources List, a public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from, or to, the City's Designated Historic Resources List, (or shall make a recommendation on the amendment to the City Council if the project is a concurrent project as defined in Section

17.12.090).
c. In designating a historic district, the resolution shall incorporate preservation measures appropriate for the historic district, and criteria for determining contributing properties in the historic district.

2. Landmarks List.
a. Following receipt of a completed application or direction from the City Planner to list or remove a property on the Landmarks List, and completion of required environmental documentation, the Planning Division shall submit its report along with all applicable project documents to the Planning Commission. A public hearing before the Planning Commission shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the Planning Commission hearing, the Planning Commission shall consider all evidence and adopt a resolution recommending that the City Council delete or add the subject properties from, or to, the City's Landmarks List.
b. After the Planning Commission's recommendation, a hearing before the City Council shall be noticed and held in compliance with Section 17.12.100, Public Hearing and Notification, of this title. At the City Council hearing, the City Council shall consider all evidence and adopt a resolution deleting, or adding, the subject properties from or to the City's Landmarks List (or the Designated Historic Resources List if the project is a concurrent project as defined in Section

17.12.090 or an appeal as defined in Section 17.12.140).

H. Notification of Designation or Deletion of Historically Significant Properties. Upon initial completion and subsequent amendment, the Planning Commission or the City Council shall be responsible for the following notices regarding the City's Designated Historic Resources List or Landmarks List, respectively:
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1. Notification in writing to the owner of each such property of the fact that such property has been so designated or deleted. The Commission or Council shall give all such persons prior written notice of any further action which it intends to take with respect to each such property. Notice shall be mailed to the owner at the address shown on the last equalized assessment roll of the County of Orange a minimum of 10 days prior to the time the Commission takes any further action regarding the property.

2. Transmittal of the list to Director of Community Development and the City Engineer.

I. Appeals. An appeal of the decision on the City's Designated Historic Resources List or Landmarks List shall be reviewed in accordance with Section 17.12.140, Appeals of an Action, of this title.

J. Approval Runs with the Land. The approval of designation of a historic property shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies. (Ord. 1445 § 10, 2007: Ord. 1194 § 2, 1997: Ord. 1172 § 3 (part), 1996; Ord. No. 1707, § 3, 2-2-2021) 181
Subject Area: Special Activities and Temporary Use Permits This recommended revision is to remove Zoning Code Sections 17.16.155-Special Activities Permits and 17.28.295-Special Activities, since the City now issues Temporary Use Permits to allow special activities; and clean up 17.16.150-Temporary Use Permits to align with 17.28.300-Temporary Uses and Structures.

See redline code changes in the following page(s).

INTRODUCTION
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Section 17.16.150 is amended as follows:

17.16.150 Temporary Use Permits.

A. Purpose and Intent. The purpose of the Temporary Use Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.300, Temporary Uses and Structures, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of temporary use is restored to its condition prior to establishment of the use.

B. Authority. The table below describes the authority on Temporary Use Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section

17.12.140, Appeals of an Action. The City Planner has the discretion to refer applications to the Zoning Administrator for review and final action. If an application is referred to the Zoning Administrator, a public hearing and notification is required per Section 17.12.100.

Table 17.16.1505A—Review Requirements for Temporary Use Permits Threshold for review City Planner Discretionary—
Zoning
Administrator
Temporary Uses and Structures Not Specified in Section 17.28.300 X Annual and Seasonal Holiday Sales X
Temporary Construction Project Uses and Structures X
Model Home Complexes and Sales Offices X
Temporary Outdoor Displays X
Other Temporary Fencing for Security and Screening X
Parking Lot Sales X
Special Activities, except parking lot sales:

Parking Lot SalesNon-Residential Special Activities X
Residential uses when providing shuttle/valet services X Non-residential Special Activities Providingand Valet Parking and/or Sshuttle/valet Sservices:

Up to 2 consecutive days X
Three or more consecutive days and not to exceed 24 days annually X Parking Lot Sales X
C. Applicability. The provisions of this section shall apply to all temporary uses and structures requiring the approval of a Temporary Use Permit, as required in Section 17.28.300, Temporary Uses and Structures.

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Review Procedures. Following the receipt of a complete application, the Review Authority, identified in Table 17.16.1505A, shall review a Temporary Use Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings pursuant to 17.16.150(G), Required Findings.

1. If the City Planner is the review authority and an application is not acted upon within 30 days, the application shall be put on the next available agenda for a regularly scheduled Zoning Administrator meeting as a New Business Item.
183

2. A public hearing and notification is required when the review authority is the Zoning Administrator.

The Zoning Administrator then shall approve, approve with modifications and/or conditions, or deny the Temporary Use Permit.

F. Conditions. Please refer to Section 17.28.300(J), Conditions, for a list of potential conditions of approval for temporary uses.

G. Required Findings.

1. City Planner Decisions. For administrative approval of a Temporary Use Permit, the City Planner shall find the application complies with the Zoning Code (Municipal Code Title 17).

2. Zoning Administrator Decisions. For discretionary approval of a Temporary Use Permit, the Zoning Administrator shall find all of the following:
a. The proposed use is permitted within the subject zone pursuant to the approval of a Temporary Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed; and b. The site is suitable for the type and intensity of use that is proposed; and c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; and d. The proposed use will not negatively impact surrounding land uses.

H. Appeals. An appeal of the decision on a Temporary Use Permit shall be reviewed in accordance with Section

17.12.140, Appeals of an Action.

I. Modifications Requested by the Applicant. Modifications requested by the applicant to approved Temporary Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Modifications and/or Revocations Initiated by the City. The City may take code enforcement action when conditions of approval are violated or it is necessary to resolve a nuisance, including but not limited to making changes to conditions of approvals or require activities to cease. If the City finds the application contained incorrect, false, or misleading information, the City may revoke the approval of applications. Refer to Section 17.12.175 for related procedures and required findings. If issues arise from a permitted special activity, the Review Authority may consider such issues as part of the administrative record for decisions on future special activity requests.

K. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L. Approval Runs with the Land. The approval of permits shall run with the land, and shall continue to be valid for the specific dates of the approved use or activity upon a change of ownership of the site to which it applies.

Section 17.28.295 is struck in its entirety.

17.28.295 Special Activities.

A. Purpose and Intent.The purpose of this section is to control and regulate land use activities of a temporary nature on private property which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses, and land owners, and to minimize any adverse effects on surrounding properties and the environment.
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B. Applicability.This section shall apply to the special activities on private property described in (1) and (2) below and subsections (D), and/or (E) of this section. All other special activities not deemed similar by the City Planner shall be prohibited on private property, except for those provided for through Special Events Permits. For special activities allowed on public or private property through Special Events Permits, please refer to the City's Beaches, Parks and Recreation Department.

1. Non-Residential Zones. A Special Activity is defined as any activity on private property (commercial or non-commercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within non-residential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.

C. Review Requirements.The review procedures for the temporary uses and structures allowed by this section are specified for each use in subsections (D), and/or (E) of this section.

D. Commercial or Non-Commercial Special Activities (may include art shows, open house, or similar event).Commercial or non-commercial activities shall be permitted, subject to the following regulations:

1. Location. Commercial or non-commercial activities shall be permitted in any commercial/mixed-use and business park/industrial zone in the city.

2. Number of Occurrences. Commercial or non-commercial activities shall be limited to 15 days during a calendar year.

3. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

4. Review Requirements. Commercial or non-commercial activities shall require the approval of a Special Activities Permit, in accordance with Section 17.16.155, Special Activities Permits, of this title.

E. Special Activities Providing Valet Parking and/or Shuttle Service.Special activities providing valet parking and/or shuttle service shall be permitted, subject to the following regulations:

1. Location. Special activities providing valet parking and/or shuttle service shall be permitted in any commercial/mixed-use and business park/industrial zone in the city.

2. Number of Occurrences. Special activities providing valet parking and/or shuttle service shall be limited to 15 days during a calendar year.

3. Parking. Public parking shall not be negatively impacted.

4. Other Requirements. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this Zoning Ordinance.

5. Review Requirements. Special activities providing valet parking and/or shuttle service shall require the approval of a Special Activities Permit, in accordance with Section 17.16.155, Special Activities Permits, of this title.

F. Conditions.As specified in Subsection (C), Review Requirements, of this section, a number of different permits are required for special activities. In approving any of the required discretionary applications for special activities, the review authority may impose conditions deemed necessary to ensure that the permit 185

will be in accordance with the standards prescribed in this section and the findings required for the Discretionary Permit. These conditions may include, but are not limited to:

1. Regulation of operating hours and days;

2. Provision for temporary parking facilities, including vehicular ingress and egress;

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities;

6. Provision for solid, hazardous and toxic waste collection and disposal;

7. Provision for security and safety measures;

8. Regulation of signs;

9. Submission of a deposit or other surety devices, satisfactory to the review authority, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10. If alcoholic beverages are available in conjunction with the Special Activity, signs shall be placed at each exit that say, "No alcohol beyond this point." Each sign shall be no smaller than one square foot;

11. Any other conditions which will ensure the operation of the proposed special activity in an orderly and efficient manner and in accordance with the intent and purpose of this section.

Section 17.16.155 is struck in its entirety.

17.16.155 Special Activities Permits.

A. Purpose and Intent.The purpose of the Special Activities Permit process is to provide for the review of certain temporary land use activities on private property, as detailed in Section 17.28.295, Special Activities, of this title, to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for special activities are specified and complied with, and that the site of special activity is restored to its condition existing prior to establishment of the activity.

B. Authority.The table below describes the authority on Special Activities Permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section

17.12.140, Appeals of an Action. The Community Development Director and Zoning Administrator have the discretion to refer applications to the Planning Commission for review and final action. When an application is referred, a public hearing and notification is required per Section 17.12.100.

Table 17.16.155A
Review Requirements for Applicable Special Activities in Non-Residential Zones Threshold for review—
Number of days
the special activity
will occur during
a calendar year
Discretionary—
Community
Development
Director
Discretionary—
Zoning
Administrator
Discretionary—
Planning
Commission
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One day: X
With beer and wine consumption X
With hard alcohol consumption X
Two or more days and not to
exceed 15 days:

X
With beer and wine consumption X
With hard alcohol consumption X
C. Applicability.The provisions of this section shall apply to all special activities on private property requiring the approval of a Special Activities Permit, as required in Section 17.28.295, Special Activities.

1. Non-residential Zones. A Special Activity is defined as any activity on private property (commercial or non-commercial) which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses. Normal sales or functions which are incidental to the existing permitted use (i.e., sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Typical activities that would be considered a Special Activity within non-residential zones would include, but not be limited to, art shows, open house, grand openings, and activities providing shuttle or valet service.

D. Submittal Requirements.Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Review Procedures.Following the receipt of a complete application, the review authority, identified in Table

17.16.155A, shall review a Special Activities Permit request for compliance with minimum standards and make a decision based on an ability to meet required findings below. A public hearing and notification is required when the review authority is the Zoning Administrator or Planning Commission. If the Community Development Director is the review authority and an application is not acted upon within 30 days, the application shall be put on the agenda for the next regularly scheduled Planning Commission meeting as a New Business item. The Planning Commission then shall approve, approve with modifications, or deny the application.

F. Conditions.Please refer to Section 17.28.295F., Conditions, for a list of potential conditions of approval for temporary uses.

G. Required Findings.Prior to the approval of an application for a Special Activities Permit, the following findings shall be made:

1. The proposed use is permitted within the subject zone pursuant to the approval of a Special Activities Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.

2. The site is suitable for the type and intensity of use that is proposed.

3. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

4. The proposed use will not negatively impact surrounding land uses.

H. Appeals.An appeal of the decision on a Special Activities Permit shall be reviewed in accordance with Section

17.12.140, Appeals of an Action.

I. Modifications Requested by the Applicant.Modifications requested by the applicant to approved Special Activities Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.
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J. Modifications and/or Revocations Initiated by the City.The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. When a Special Activities Permit has been revoked, another Special Activities Permit shall not be issued to the same location within one calendar year of the date of revocation.

K. Other Review Requirements.Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals and time extensions.

L. Approval Runs with the Land.The approval of applicant/location permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies. 188
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Section 17.28.300 is amended as follows:

17.28.300 Temporary Uses and Structures.

A. Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature on private property which may adversely affect the public health, safety and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses, and land owners, and to minimize any adverse effects on surrounding properties and the environment.

B. Applicability. This section shall apply to the temporary uses and structures on private property described in subsections (D) through (I) of this section. All other temporary uses and structures not deemed similar by the City Planner shall be prohibited on private property. For temporary uses and activities allowed on public property through Special Events Permits, please refer to SCMC Chapter 12.34 and contact the City's Beaches, Parks and Recreation Department regarding the application process and fees for Special Events Permits.

C. Review Requirements. The review procedures for the temporary uses and structures allowed by this section are specified for each use in Section 17.16.150, where not specified in subsections (D) through (I) of this section.

D. Annual and Seasonal Holiday Sales. Annual and Seasonal Holiday Sales, including Christmas trees, pumpkins, or temporary uses of a similar nature as determined by the City Planner, shall be permitted subject to the following regulations:

1. Elimination of Parking. Areas used for Annual and Seasonal Holiday Sales shall not eliminate or decrease the number of required parking spaces for the primary use on the site, if there is one, or for any other site.

2. Lighting. All lighting shall be directed away from and shielded from adjacent residential areas.

3. Location. Annual and Seasonal Holiday Sales shall be permitted for any nonresidential use in the City, and on vacant residential property abutting arterial highways.

4. Merchandise. Annual and Seasonal Holiday Sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales is associated.

5. Review Requirements. Annual and Seasonal Holiday Sales shall be permitted without benefit of a Discretionary Permit from the Planning Division, provided the standards of this section are met.

6. Signs. The total temporary signage on the site shall be limited to an aggregate sign area of one times the linear frontage of longest street frontage of the lot. No sign shall exceed 64 square feet. No prohibited signs, as defined in Chapter 17.84, Sign Regulations, shall be allowed.

7. Outdoor Storage. Temporary outdoor storage containers or trailers ancillary to the permitted use are permitted for the storage of merchandise and other materials necessary for the display of Annual and Seasonal Holiday Sales items with review and approval by the City's Building, Planning, and Engineering Divisions.

8. Time Limits. Annual and Seasonal Holiday Sales shall be limited to 55 days of operation per calendar year.

E. Temporary Construction Project Uses and Structures. Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project shall be conditionally permitted, subject to the following regulations:
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1. Expiration of Permits. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the Building Permit for which the use has been approved, or the expiration of the time for which the approval has been granted.

2. Review Requirements. Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project shall require the approval of Temporary Uses Permit in accordance with Section 17.16.150, Temporary Use Permits, of this title.

F. Model Home Complexes and Sales Offices. Model home complexes and sales offices for the sale of homes in any subdivision containing five or more units shall be conditionally permitted solely for the first sale of homes within a recorded tract or condominium subdivision, subject to the following regulations:

1. Location. The model home complex and/or sales office shall be located on the same or adjacent premises as the subdivision or building project.

2. Expiration of Permits. Permits are valid for one calendar year from the permit approval date, or six months after 90 percent or greater of homes are sold, whichever is sooner. The City Planner may approve 180-day time extensions. A maximum of two-time extensions may be approved. To receive a time extension, a written request shall be submitted before the expiration date and state justified reasons for delays. For approval, the City Planner must meet required findings for a Temporary Use Permit. When a permit expires, the applicant may submit a new application and fees to request a Temporary Use Permit to maintain a model home complex and sales office use and improvements.

3. Review Requirements. A Temporary Use Permit is required to allow model home complexes and/or sales offices for the sale of homes in any subdivision containing five or more units.

43. Use. The sales office shall be used only for transactions involving the sale, rent or lease of lots or units within the tract or condominium subdivision.

54. Other Issues for Consideration. The decision-making body responsible for reviewing the application for a model home complex and/or sales office shall consider the hours of operation, lighting, landscaping, signage, and any other factors that may affect the model home complexes maintenance and impacts on the surrounding area and shall condition the project accordingly. Please refer to Subsection (J}, Conditions, of this section.

G. Temporary Outdoor Displays. The temporary outdoor display of merchandise shall be permitted, subject to the following regulations.

1. Authorization. Written authorization for the sale/display shall be obtained from the property owner.

2. Hazards. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

3. Location. Merchandise cannot be displayed in required parking spaces for a business. Merchandise must be displayed along the front entrance of the store. (Refer to section I, Special Activities, for considerations of parking lot sales.).

4. Merchandise. Only goods and materials associated with existing, indoor primary uses may be displayed and sold. The displayed item{s) shall not have advertisements or other signs attached. Where there is ambiguity, the Code Compliance Manager or designee shall decide.

5. Parking. Adequate parking shall be provided and maintained during the course of the activity. 190
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6. Public Property. No item, or any portion thereof, shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.

7. Review Requirements. The temporary outdoor display of merchandise, including at grocery stores, shall be permitted without benefit of a Temporary Use Permit from the Planning Division, provided the standards of this section are met. Temporary outdoor display of merchandise not specified in this section, shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits.

8. Time Limits. The temporary outdoor display of goods at a business shall only be displayed during the operating hours of the business displaying merchandise and shall be brought indoors after the closing of the business each day.

9. Vehicle Ingress and Egress. Safe vehicle ingress and egress shall be provided at all times.

H. Other Temporary Fencing for Security and Screening. Temporary fencing, other than what is required for active construction projects, is allowed for the purpose of providing security and screening to ensure the health, safety and welfare of the community at the discretion of the City Planner, subject to the following regulations.

1. Review Requirements. Temporary fencing and similar structures erected higher than 42 inches and up to six feet in height shall require the approval of a Temporary Use Permit.

2. Expiration of Permits. Any permit issued pursuant to this section shall become invalid upon the expiration of an approved permit for which the use has been approved.

3. Minimum Standards. Temporary fencing and similar structures shall not be chain link. Acceptable materials are more permanent in nature and include wrought iron, wood, or similar material and must be compatible with the existing style of surrounding development. Temporary fences and similar structures shall be maintained in good condition with no unintentional rips/tears (except for minimization of wind effects), fading, or general disrepair. Maintenance shall not become so defective, unsightly, or in such condition of deterioration or disrepair to create a public nuisance as set forth in Section 5.82.030.

I. Special Activities. A Special Activity is defined as any activity on private property (commercial or noncommercial) within any zoning district which temporarily intensifies the impacts (i.e., parking, traffic, noise, light and glare, etc.) of an existing permitted use or which create a potential conflict among land uses.

Normal sales or functions which are incidental to the existing permitted use (i.e. sales conducted within the structure of an existing retail use, live entertainment if currently permitted under a Conditional Use Permit, etc.) shall not be considered a Special Activity. Special Activities typically include, but are not limited to, art shows, open houses, grand openings, circus/carnivals, food truck and/or music festivals, alcohol service/sales/consumption, promotion, entertainment, firework displays, tent sales, farmers markets selling produce such as strawberries and similar goods, and activities providing shuttle or valet services.

1. Non-Residential Special Activities. Non-Residential Special Activities shall be permitted subject to the following regulations:
a. Location. Non-Residential Special Activities shall be permitted in any nonresidential zoning district in the city, except on publicly owned land.
b. Number of Occurrences. Non-Residential Special Activities shall be limited to a maximum occurrence of 24 days during a calendar year, including activities allowed by Subsection 1.2, with a minimum of 5 days between Special Activities on the same site. c. Notification Requirements. Special Activities proposed for non-residential uses located in residential or mixed-use zoning districts shall require mailing notifications to all property owners 191
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within 300-foot radius from the exterior boundaries of the subject property. The applicant shall provide notification materials as part of an application. d. Review Requirements. Non-Residential Special Activities shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits, of this title.

2. Special Activities Providing Valet Parking and/or Shuttle Service. Special Activities providing valet parking and/or shuttle service shall be permitted, subject to the following regulations:
a. Location. Special Activities providing valet parking and/or shuttle service shall be permitted upon approval of a Temporary Use Permit in any nonresidential zoning district in the city, except on City property which is subject to the Special Events Permits process referenced in SCMC 12.34 and as implemented by the Beaches, Parks, and Recreation Department. b. Number of Occurrences. Special Activities providing valet parking and/or shuttle service shall be limited to a maximum occurrence of 24 days during a calendar year, including activities allowed by Subsection 1.1, with a minimum of 5 days between Special Activities on the same site. c. Parking. Public parking shall not be negatively impacted. d. Notification Requirements. Special Activities proposing shuttle or valet services on residential and non-residential properties require mailing notifications to all property owners within 300-foot radius measured from the exterior boundaries of the subject property. e. Review Requirements. Special Activities providing valet parking and/or shuttle service shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits, of this title.

3. Parking Lot Sales. Special Activities proposing the sale of merchandise by a business in its on-site parking lot shall be permitted, subject to the following regulations:
a. Authorization. Written authorization for the sale/display shall be obtained from the property owner.
b. Number of Occurrences. Parking Lot Sales shall be limited to a maximum occurrence of 15 days during a calendar year with a minimum of 5 days between Special Activities on the same site. c. Hazards. The activity shall not present a hazard to pedestrians or encroach on a required building exit. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.
d. Merchandise. Only goods and materials associated with pre-existing, indoor primary uses may be displayed and sold.
e. Parking. Adequate parking shall be provided and maintained during the course of the activity. f. Public Property. No item, or any portion thereof, shall be displayed on public property unless a Special Events Permit has been obtained from the City's Beaches, Parks and Recreation Department.
g. Review Requirements. Parking Lot Sales shall require the approval of a Temporary Use Permit, in accordance with Section 17.16.150, Temporary Use Permits, of this title. 192
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J. Conditions. In approving a Temporary Use Permit, the review authority shall impose conditions deemed necessary to ensure that the permit will be in accordance with the standards prescribed in this section and the findings required for the permit. These conditions may include, but are not limited to:

1. Regulation of operating hours and days;

2. Provision for temporary parking facilities, including vehicular ingress and egress;

3. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

4. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

5. Provision for sanitary and medical facilities;

6. Provision for solid, hazardous and toxic waste collection and disposal;

7. Provision for security and safety measures;

8. Regulation of signs;

9. Submission of a performance bond or other surety devices, satisfactory to the review authority, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of the Zoning Ordinance. The City may require a bond to ensure this requirement is met.

11. If alcoholic beverages are available in conjunction with a Special Activity, signs shall be placed at each exit with the text, "No alcohol beyond this point." Each sign shall be no smaller than one square foot;

12. The proposed sale and/or service of alcohol at a Special Activity within non-residential uses requires the applicant to obtain a liquor license issued by the California Department of Alcoholic Beverage Control ("ABC Office");

13. Any other conditions which will ensure the proposed temporary use operates in an orderly and efficient manner and in accordance with the intent and purpose of this section. (Ord. 1314 §§ 29—30, 2006; Ord. 1190 § 10, 1997; Ord. 1172 § 3 (part), 1966) (Ord. No. 1594, § 3(Exh. A, §§ 32, 33), 5-5-2015; Ord. No. 1653, § 4, 5-15-2018; Ord. No. 1759, § 3(Exh. A), 10-3- 2023)
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Good morning
As a local business owner who has invested deeply in the heartbeat of our downtown, I am writing to share how vital the current outdoor patio program is
At Pronto Cucina Italiana, our outdoor patio has become far more than an "extra" seating area. It currently accounts for 30% of our total business.

To put that in perspective, losing that space isn't just a minor inconvenience, but it would be a massive financial loss that would fundamentally change how we operate. Like us this would be true for many others.

Beyond the numbers, the parklets have transformed the Avenida Del Mar that I see every day. Everyone wants to stay outside and enjoy the fresh air but, alas, cars traffic does not support that atmosphere. I also noticed drivers tend to drive much slower since the parklets have been put up thus fostering a safer environment. Perfect for our local families and to continue to attract local and foreign tourists while staying competitive with our neighboring municipalities.

We understand the city's need for parking and aesthetic standards. We have worked hard to ensure our space meets the high quality the city expects, and we believe the trade-off—replacing relatively few parking spots on Del Mar with a thriving economic engine—is a win for the city's tax base and its soul. In fact, in addition to the revenue derived directly from the parklets, the city benefits from the increased sale taxes coming from the increased business generated by the same.

I would welcome the opportunity to discuss the data further or host you at the restaurant to see the impact firsthand.

Following are some key points I believe would be important to consider in your analysis:
• San Clemente calls itself the "Spanish Village by the Sea" Outdoor dining aligns perfectly with this European-style, plaza-like atmosphere where dining is a social. • City Revenue: The city collects fees for the lease of the parking spaces occupied by parklets but, more significantly, will benefit from the added sales taxes generated by the additional business created. • Increased Capacity: Many downtown restaurants like us operate in historic buildings with small footprints.

Parklets allow them to maximize capacity, providing a financial buffer against rising rent, labor costs, and inflation. In turn this also benefits the city from the increased sale taxes generated. • Job Retention: A patio that generates 30% (and for some places, way more than that) of a business's volume also supports a proportional amount of labor that would otherwise not be needed. • Outdoor spaces are often more accommodating for families with young children and dog owners, making downtown more accessible.
• San Clemente has "the world's best climate." Utilizing outdoor space year-round capitalizes on the city's greatest natural asset.
• While some street parking is removed, the trade-off is a vibrant downtown destination. The data proves that customers are willing to walk from nearby lots to enjoy the outdoors.

At our last meeting I jokingly asked, what would it take to build a parking structure? The answer was $50 Million!! A preliminary search yielded the following potential funding routes:

Attachment 12
205
• Public-Private Partnerships: The city may partner with a private developer to build and manage a new parking structure. A common arrangement sees the developer keeping a portion of the parking revenue for a set period (e.g., 20–30 years), and the municipality avoiding the massive upfront debt. • Grant Funding: "Affordable Housing and Sustainable Communities" (AHSC) or "Clean California" grants.

While competitive, projects that combine parking with EV charging hubs, workforce housing, or transit connectivity can secure millions in state/federal aid.
• Transient Occupancy Tax (TOT) "Penny": A 1% increase in the hotel/short-term rental tax could be earmarked specifically for "Downtown Infrastructure and Parking," effectively getting tourists to pay for the garage they will use.
• Infill Infrastructure Grant (IIG) by the CA Department of Housing ($5-$20M) to fund Transit Station Structured Parking.
• Sustainable Transportation Planning Grant by Caltrans (up to $700,000) for the planning phase. It pays for environmental and engineering studies, so the city doesn't have to use its own cash to get started. • Clean California Local Grant by Caltrans (up to $5M) Focuses on "beautification." The city could use this to fund the aesthetic part of the garage or the permanent parklet barriers to ensure they meet "Spanish Village" standards.
• Low Carbon Transit Operations (LCTOP) can fund zero-emission shuttles (like an expanded year-round trolley) to move people from distant lots to Del Mar.
• Economic Development Administration (EDA) grants. These federal grants are awarded to projects that "prevent job loss." And we can argue that removing patios would lead to a 30% reduction in staffing needs, making a parking structure/patio hybrid project eligible for federal job-protection funds.

Less expensive and more immediate alternatives that may be utilized short term or long term in conjunction with any of the above:
• Remote Shuttle (Shared Parking Agreements). For example, efficiently utilizing the San Clemente High School parking lot, since the school is closed over the weekend and is close by to downtown. There could be additional trolleys or simply additional stops to the existing trolley routes. Many private lots sit empty after 5:00 PM and on weekends.
• Smart Parking. If drivers know exactly where to find an open spot it will avoid extra traffic on Del Mar created by people “circling” for parking and reducing "search traffic." • Valet: Create a single, centralized valet stand for all of Avenida Del Mar. Diners drop their cars off at a designated "drop zone," and valets park the cars in underutilized lots further away (like the high school or library lots during off-hours).

Other local municipalities approach
• Dana Point has established a clear Encroachment Permit process specifically for "Permanent Commercial Outdoor Dining" providing a formal pathway for permanent structures (rather than temporary "parklets"). 206
Dana Point allows business owners to invest in high-quality, aesthetic builds that match the city's Lantern District branding.
• Laguna Beach has transformed Forest Avenue into a permanent pedestrian-only promenade by closing a main street to vehicles and creating an outdoor space with art performances and expanded retail displays.

Even for areas not closed to traffic, they offer no-cost Temporary Use Permits (TUPs) that are being transitioned into permanent status to keep the barrier to entry low for small businesses. • Santa Ana used a $500,000 initiative to build the decks and patios for restaurants along key corridors, ensuring ADA compliance and a uniform, high-end look. This removed the financial burden from the momand-pop shops, revitalizing entire blocks at once. •
To finish I would like to address the store owners that are concerned about losing business cause of the less parking stalls.

I think (and witness daily) that keeping the car parklets will do the following:

People don’t drive to a parklet; they walk to one. Diners waiting for a table or finishing a meal are much more likely to browse adjacent boutiques, galleries, or surf shops.

A parking spot holds one car (maybe 2 people). A parklet can hold 12–20 people. More humans on the sidewalk naturally leads to more "window shopping" opportunities for non-restaurant neighbors.

Let’s be honest: a row of parked cars—while functional—isn't exactly a postcard. Well-designed parklets with greenery, lighting, and unique architecture make Del Mar and the surrounding streets feel like a destination. A beautiful street attracts tourists and locals alike, increasing the overall property value and "prestige" of the shopping district.

San Clemente thrives on its local identity. Parklets allow the city to compete with modern "lifestyle centers" (like Fashion Island or Dana Point’s revamped Harbor) that prioritize pedestrian-only zones. If the downtown feels cramped or purely car-centric, visitors may opt for malls where they can walk freely. Parklets keep the downtown competitive.

The city’s own Parking and Transportation Demand Management (TDM) Study (updated in late 2025/early 2026).

The city reported approximately $1.1 million in net parking revenue in 2024. Parklet owners pay a fee of $4 per square foot for using public space. This is more predictable and often higher than the coins in a meter. On Avenida Del Mar, parklets use a maximum of 42 spaces. While that sounds like a lot, it represents only 4% of the total downtown public parking stock (which is over 1,000 spaces).

I trust these pages have demonstrated the vital role parklets play in driving San Clemente’s local economy and enhancing the lives of its residents.

Adriano
207
1 Carrillo, David
From: [email protected]
Sent: Monday, February 9, 2026 10:32 AM
To: Carrillo, David
Cc: Loeffler, Rick
Subject: DOWNTOWN PARKING
Howdy
The Outdoor Dining is great, but there is a limit, and the limit has been reached. The city is loosing a number of parking spaces behind Ave Del Mar, and many of the Outdoor Dining is blocking retail shop store fronts. The new Cowboy restaurant not only took parking spaces away, but blocked retail stores, and took away three parking spaces from the Sunday Farmer’s Market, which has an Agreement with the city. Addi$onally there is no enforcement for the two hours.

As usual the Del Mar parking is taken by Del Mar employees and owners. Take for example the Taco shop in the 100 block-it is a big truck with the name of the Taco business on the truck- it is always parked daily in front and nothing has been done.

When I was on city council and planning commission, Jim Holloway, established a Parking Management Plan, which was effec$ve, un$l covid hit and then all fell by the wayside.

Paid parking is a non starter! Dana Point, Carlsbad, and Encinitas (beach towns do not have paid parking). Do we wish to look like Laguna Beach or Oceanside? San Clemente is a very special place and free downtown parking benefits retailers.

First the city took away many parking spaces, then then considering paid parking. It does not make sense. Paid parking in a small downtown is not beneficial to shops.

Here are a few sugges$ons:
3 HOUR PARKING, INSTEAD OF TWO HOUR

ENFORCEMENT-CONSISTENT INCLUDES DEL MAR AND PUBLIC PARKING LOTS BEHIND DE MAR

ESTABLISH EMPLOYEE PARKING LOTS
NO MORE OUT-DOOR DINING-WE HAVE REACHED OUR LIMIT.

Thank you
Wayne Eggleston
208
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 8B.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Zak Ponsen, Assistant City Engineer
Subject:
..titl e

PUBLIC HEARING FOR CONSIDERATION OF A RESOLUTION TO REDUCE THE SC RIDES PROGRAM

SUBSIDY RATE, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

The City Council provided direction at its February 3, 2026 meeting to reduce the General Fund obligation for transportation programs while continuing to provide a high level of transportation services. The SC Rides program provides supplemental transportation for riders with pickup points within .25 mile of bus routes 191 and 193, previously eliminated by the Orange County Transportation Authority (OCTA). Staff is recommending a reduction in the SC Rides program subsidy rate from its current $9.00 per ride to $5.00 per ride.

Background:

SC Rides was created after the Orange County Transportation Authority (OCTA) cancelled bus routes 191 and 193 due to low ridership. OCTA introduced the Measure M2 (M2) Project V Community-Based Transit/Circulators Program, which establishes a competitive process for local jurisdictions to develop community-based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit. In 2016, the City Council approved an agreement with Lyft to implement a pilot on-demand transportation service titled “SC Rides,” designed to mitigate the loss of the former local bus routes. The SC Rides program provides riders with daily discounted rides within a 0.25-mile radius of the original 191 and 193 bus routes. The SC Rides program currently averages 3,200 rides per month.

OCTA’s previous Project V grant expired in June 2025, under which the contribution cost-share split between OCTA and the City was 90/10 (90% OCTA, 10% City). The City applied for, and was awarded, a new “2024 Project V grant” of $3,264,428 for its on-demand transit programs, which began on July 1, 2025. Under the new program, OCTA’s contribution for SC Rides was reduced from 90% to 50%, resulting in a 50/50 split between OCTA and the City of San Clemente, with a maximum grant cap of $150,000 per year from OCTA.

Discussion:

Under the current SC Rides program, riders receive a subsidy for ride fees over $2.00, up to a total maximum subsidy of $9, with OCTA and the City sharing the subsidy cost at a 50/50 split (see Table 1 below). The SC Rides program's popularity (38,400 riders/year) and the City’s costshare have increased with the current subsidy rate of up to $4.50. The cost to the General Fund with these subsidy rates averages $195,600 per year (see Table 2 below) based on current 209
Meeting Date: March 17, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
ridership. To help maintain the Ride Share program at an affordable rate for both the City and its program customers, the City Council directed staff to evaluate the current program and the subsidy amounts.

Table 1. Cost Sharing
PER RIDE Rider City of San Clemente & OCTA Rider
Existing $2.00 $4.50 (50%) $4.50 (50%) Pays on > $11.00 Proposed $2.00 $2.50 (50%) $2.50 (50%) Pays on > $7.00
After reviewing the program, evaluating its impact on the General Fund, and seeking direction from the City Council, City staff proposes lowering the cost-sharing subsidy from $9 to $5 to extend the program's longevity and to continue supporting the local ride-share program. Lowering the cost to $5 will reduce the impact on the General Fund, leaving room for program growth and the continued use of OCTA’s 50/50 cost-sharing Project V grant offered through 2030/31.

Table 2. Fiscal Impact
# of
Riders
Per Year
Subsidy
Per Ride
Total Program
Cost Per Year
OCTA Grant (max
$150,000 per year)
City Cost
per year
Existing 38,400 $9.00 $345,600 $150,000 $195,600
Proposed 38,400 $5.00 $192,000 $96,000 $96,000
Pursuant to California Government Code Section 66018, a public hearing is required prior to the adoption of new or increased fees. The proposed adjustments pertain solely to the subsidy rate shared by the City and OCTA to help offset rider costs. A reduction in the City/OCTA subsidy will increase the per-ride fee that SC Rides users pay. If the City Council decides in the future to increase the subsidy rate from $5.00, a public hearing would not be required. The public hearing concerns subsidy rate reductions that increase riders' costs.

The Public Hearing is required for the City Council to hear public input and consider a recommended update to the SC Rides program subsidy rate. The proposed fee adjustments are expected to increase transit program cost recovery and improve long-term fiscal sustainability; however, the exact revenue impact will vary with service demand and the timing of implementation. A Notice of Public Hearing was published in the SC Times on February 26, 2026, and March 12, 2026, inviting attendance at the hearing or submission of written communication to the City Council to express their opinion on the proposed changes. Any revised subsidy rate changes will take effect on April 6, 2026.

Considerations Identified by Staff:

Modifying the City's share of the SC Rides program subsidy rate will reduce the impact on the General fund while allowing continued program growth and success. With the new subsidy rate of $5.00, the program has room for rider growth up to 59% while staying within the max 50/50 contribution rate of $150,000 per year (see Table 3. Program Growth with $5.00 Subsidy below). 210
Meeting Date: March 17, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3
Table 3. Program Growth with $5.00 Subsidy
# of
Riders
Per Year
Subsidy
Per Ride
Total Program
Cost Per Year
OCTA Grant (max
$150,000 per year)
City Cost
per year
Current 38,400 $5.00 $192,200 $96,000 $96,000
Proposed 60,000 $5.00 $300,000 $150,000 $150,000
Although program service areas could be reduced to help overall cost, the program cannot be eliminated entirely, as doing so would conflict with SB 2 requirements. Public transit access to the SC Business Park must be maintained from North Beach and, potentially, from other low-income areas.

Council Options:
 Adopt Resolution No. 26-47, which will conduct a public hearing to consider reducing the City’s SC Rides subsidy rate from $9.00 to $5.00 per trip.  Modify and approve Resolution No. 26-47.
 Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

Staff recommends that the City Council determine this project to be categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it is a project for the institution or increase of passenger or commuter services on rightsof-way already in use.

Fiscal Impact:

The grant program requires a minimum 50% local funding match for SC Rides, including capital and Operations and Maintenance (O&M) costs. The decreased subsidy rate will reduce the impact on the General Fund.

Recommended Action(s):
..recommendation
STAFF RECOMMENDS the City Council:

1. Conduct a public hearing; and

2. Consider adoption of Resolution No. 26-47, approving a reduction to the SC Rides program subsidy rate from $9.00 to $5.00 per trip.
..end
Attachment:

1. Resolution No. 26-47

2. Notice of Public Hearing
Notification:

SC Times- published on February 26, 2026, and March 12, 2026 211
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A

REDUCTION IN THE SC RIDES PROGRAM SUBSIDY

RATE, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City applied for Orange County Transportation Agency (OCTA) Measure M2 Project V grant funding for continuation of its on-demand transit programs; and
WHEREAS, the City was awarded $3,264,428 in funds from OCTA for its ondemand transit program; and WHEREAS, the new grant requires the City to match the OCTA grant fund on a 50/50 split basis up to $150,000, and the City is responsible for all costs above that amount for the SC Rides program; and
WHEREAS, the City wishes to continue providing rideshare services to help mitigate the loss of former local bus routes 191 and 193; and WHEREAS, on June 17, 2025, City Council approved a professional services agreement between Lyft, Inc. and the City of San Clemente for rideshare services through July 1, 2028; and
WHEREAS, a Notice of Public Hearing was duly published in the SC Times on February 26, 2026, and March 12, 2026, to consider reducing the SC Rides program subsidy rate from $9.00 to $5.00 per trip; and
WHEREAS, the proposed adjustments pertain solely to the subsidy rate shared by the City and the OCTA to help offset rider costs. A reduction in the City/OCTA subsidy may increase the overall per-ride fee that SC Rides users are charged. These proposed fees are not mandatory taxes or assessments, but rather per-use fees to cover a portion of the operating and maintenance costs of the City and OCTA; and WHEREAS, the proposed fee adjustments are anticipated to increase transit program cost recovery and improve long-term fiscal sustainability; and WHEREAS, at the March 17, 2026 regular City Council meeting, a Public Hearing was held and all those wishing to be heard were heard.

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 fully 212
Resolution No. 26-47 Page 2
incorporated herein.

SECTION 2. That based upon substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10) because it Is a project for the intuition or increase of passenger or commuter services on rights-of-way already in use and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

SECTION 3. That a reduction in the subsidy rate from $9.00 to $5.00 per trip for the SC Rides program is hereby approved.

SECTION 4. That the City Manager or his designee is hereby authorized and directed to take such actions as are necessary and proper to implement the subsidy rate reduction and accomplish the purpose and intent of this resolution.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of March, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
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Resolution No. 26-47 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-47 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March, 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 _________________, ________.
______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
214
Attachment 2

NOTICE IS HEREBY GIVEN THAT A

PUBLIC HEARING WILL BE HELD BY THE

CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA
RELATIVE TO THE FOLLOWING:

Notice of Public Hearing on Proposed Adjustment to SC Rides Transit Program Fees
NOTICE IS HEREBY GIVEN that the City Council of the City of San Clemente will conduct a public hearing on Tuesday, March 17, 2026, at 5:30 p.m. in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California, to consider adjustments to City/Orange County Transportation Authority (OCTA) subsidy rates related to the SC Rides transit program.

Pursuant to California Government Code Section 66018, a public hearing is required prior to the adoption of new or increased fees. The proposed adjustments pertain solely to the subsidy rate that the City and the OCTA share to help offset rider costs. A reduction in the City/OCTA subsidy may increase the overall fee that SC Rides users are charged per ride. These fees are not mandatory taxes or assessments, but rather per-use fees to cover a portion of the operating and maintenance costs of the City and OCTA.

The proposed fee adjustments are anticipated to increase transit program cost recovery and improve long-term fiscal sustainability; however, the exact revenue impact will vary based on service demand and implementation timing.

Information is available for public inspection and comment at the City of San Clemente Engineering Division located at 910 Calle Negocio, San Clemente, California, 92673, and by contacting the Engineering Division at (949) 361-6119. If you challenge this item in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City of San Clemente at or before the public hearing.

To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

NOTICE IS FURTHER GIVEN that said public hearing will be conducted by the San Clemente City Council on Tuesday, March 17, 2026 at 5:30 p.m. in the City Council Chambers located at 910 Calle Negocio, 2nd floor, San Clemente. All interested persons are invited to attend said hearing or to provide written communication to the City Council to express their opinion on the proposed changes. 215
For further information, including the proposed fee amendments, please contact the Engineering Division at (949) 361-6119 or [email protected].

Laura Campagnolo
City Clerk and Ex-Officio Clerk of the Council
216
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 10A.
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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: March 17, 2026 Agenda Item: 10B.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

OFFSHORE SAND SOURCE INVESTIGATION RESULTS AND CONSIDERATION OF A RESOLUTION APPROVING PHASE 2, ACCEPTING FUNDING FROM AND APPROVING A

COOPERATIVE AGREEMENT WITH METROLINK/SOUTHERN CALIFORNIA RAILROAD

AUTHORITY, AUTHORIZING AN EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AWARDING A CONTRACT TO COASTAL FRONTIERS FOR PHASE 2 FIELDWORK,

AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED AGREEMENTS, MAKING

RELATED SUPPLEMENTAL APPROPRIATIONS AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

The purpose of the Offshore Sand Source Investigation (OSSI) is to identify one or more offshore sand borrow sites with sufficient high quality beach sand deposits at volumes suitable to sustain the City’s planned comprehensive beach sand replenishment program in a location as near to the City as possible. These objectives are consistent with the goals of Coastal Commission in awarding grant funds to the City. The cost of delivering sand to the City is highly dependent on the distance between the sand source and the beach where it will be placed. Sand exploration activities of potential borrow sites identified near San Clemente during Phase 1 were conducted in September 2025. Based on the results of the Phase 1 sampling, proceeding with Phase 2 is a logical next step. Phase 2 will include additional exploration and sampling, and a majority will be funded through partnerships and grant funds.

Background:

In November 2023, Stage 1 of a 50-year partnership with the U.S. Army Corps of Engineers (USACE) to bring sand to the City’s beaches was initiated. The original sand source was identified in an area south of the City and offshore of the Santa Margarita River mouth. The sand source did not yield sufficient quantities of beach quality sand so a second borrow site was needed for the project to continue.

In February 2024, the City and USACE identified and permitted a second borrow site located off the coast of northern Orange County at the Surfside Sunset borrow site. The location of the sand deposits was located further away than the first borrow site, resulting in a cost increase for the delivery of sand to the City, but the project proceeded and was completed in 2024.

After project completion and facing increased costs, the City began an investigation to identify alternative local sources of sand and obtained grant funding from the Coastal Commission to fund an offshore sand search. Following the conclusion of the initial sand search, additional sampling at key locations including the San Onofre/Agra site and the Santa Ana River site is necessary to 218
Meeting Date: March 17, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
determine if adequate sand deposits are present. Both of these sites yielded promising results that need to be better defined and explored for suitable sand in ample quantities. Both of these sites are closer to San Clemente than the Surfside Sunset location, which could result in significant savings in transporting sand to the beaches of San Clemente.

Phase 1:

In early 2025, a draft exploration plan was prepared outlining a sediment sampling program to investigate multiple candidate borrow sites. A total of 11 potential borrow sites were identified by the consultant team. Based on funding availability, the exploration plan presented to the City Council on May 6, 2025 included exploration at up to six sites, with consideration given to the expressed desire to look for sand within close proximity to the City.

An offshore exploration plan was developed based on the available funding for Phase 1 and as presented to, and approved by, the City Council focused on proximity to the City as a first priority for exploration. While the sand does not have a cost per se, the sand must be transported from the offshore site to the receiving beach and thus transportation costs are the major factor of the project cost. Generally speaking, the closer the sand source is to the City, the lower the cubic yard cost of the sand with all other project cost variables being equal.

Phase 1 field operations were conducted between September 5 through 15, 2025. The field program was conducted in a diagnostic manner, with real-time findings guiding the exploration within a given candidate exploration area and also determining when to move to the next candidate exploration area. A total of 32 cores were obtained among six of the eleven candidate sites (Dana Point, San Mateo, San Onofre-Agra, Las Pulgas, Surfside Sunset, and Santa Ana River). The remaining five sites were not explored due to budgetary constraints.

Physical (grain size distribution) and chemical testing was conducted subsequently in accordance with a Sampling and Analysis Plan (SAP) that has been approved by the Southern California Dredge Materials Management Team (DMMT). The material at Dana Point, San Mateo and Camp Pendleton (Las Pulgas) was judged to be too fine for beach nourishment. The results for the San Onofre (Agra) and Santa Ana River sites show promise to yield beach compatible material and warrant further investigation. A portion of the material found at the Surfside Sunset site was judged to be compatible with San Clemente beaches and additional exploration at Surfside Sunset may be in order to expand the options of desirable material.

Analytes tested included metals, polycyclic aromatic hydrocarbons (PAH), polychlorinated biphenyls (PCB), pesticides, organotins, and total solids. The metals and organochlorine pesticides were detected at each site and the concentrations were below NOAA and EPA screening limits except the level of Arsenic. It is noteworthy that Arsenic is naturally occurring in nearshore sediments in Southern California, and with comparable magnitudes have been detected at other borrow sites in the region.

As a financial partner in Phase 1 of the study, OCTA requested that at least some testing be completed at Surfside Sunset because it is fairly well documented that beach quality sand exists in significant quantities in that location. Following the exploration, OCTA has indicated that they are interested in pursuing use of the Surfside Sunset site to fulfill their need for 240,000 cubic yards of sand near Mariposa Point and 300,000 cubic yards near San Clemente State Beach in 219
Meeting Date: March 17, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
accordance with their Emergency Coastal Development Permit issued by the California Coastal Commission. The permitting process for OCTA is currently underway.

Discussion
Phase 2 (Proposed):

The exploration plan for Phase 2 is guided by the findings of Phase 1 and consists of expansion and additional investigation of promising sites explored during Phase 1. The number of cores obtained at each site and the locations will depend on the findings in the field. Similarly, the actual number of areas explored will be dependent on field findings and available budget.

The estimated cost of Phase 2 is $449,000, with $300,000 being funded by Metrolink/SCRRA (a California Coastal Commission (CCC) imposed a beach sand impact mitigation fee) and $100,000 being funded by the City, together with re-programming of $49,000 in unused funding from California Coastal Commission LCP Planning Grant 21-07 to LCP Grant 24-01. The mitigation fees will be provided to the City on a reimbursement basis for the additional field work needed to complete the next phase of the OSSI. The City Council will need to accept the $300,000 in funding, approve related supplemental appropriations, and approve entering into an agreement with Metrolink/SCRRA to receive the funds which will be accomplished with adoption a Resolution (Attachment 1).

City Purchasing Policy 201-2-1 permits the City Council to authorize an exemption to the formal solicitation process when the Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City. This situation is consistent with the policy finding the exemption consistent with City policy 201-2-1 Section XI.A.1.2 because it would be inefficient to issue a new RFP for field services when, through the previous RFP process, Coastal Frontiers demonstrated superior performance and expertise in similar engagements within in the Southern California Bight.

If approved, the consultant team is expected to mobilize in early to mid-2026 to conduct the additional offshore sand source exploration effort.

Council Options:
 Adopt Resolution 26-48, approving Phase 2 of the Offshore Sand Source Investigation, accepting funding from and approving and authorizing the City Manager to execute a Cooperative Agreement with Metrolink/SCRRA, authorizing an exemption to the formal solicitation process, awarding and authorizing the City Manager to execute a contract with Coastal Frontiers for Phase 2 field work and sampling, making related supplemental Budget appropriations and finding the actions exempt from the California Environmental Quality Act.  Modify and adopt Resolution 26-48.
 Continue the item and provide additional direction.
 Do not adopt Resolution 26-48, and do not proceed with the additional offshore sand source investigation fieldwork.
220
Meeting Date: March 17, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
Environmental Review/Analysis:

Phase 2 of the Offshore Sand Source Investigation project is exempt from CEQA under Class 6 (14 CCR § 15306, Information Collection) Section 15306 of the State CEQA Guidelines because the project consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

Fiscal Impact:

On November 5, 2025, the California Coastal Commission assigned the Offshore Sand Source Investigation (OSSI) an additional $300,000 to be contributed by Metrolink/Southern California Regional Railroad Authority (SCCRA) to mitigate impacts on sand supply from a past project on the beach in San Clemente. The additional contribution requires acceptance of Metrolink/SCRRA funds, and additional supplemental appropriations for $300,000 in revenue Account No. 001-000- 33490 and expense Account No. 001-433-43695. The cost of Phase 2 sampling work is estimated to be $449,000, with $300,000 being funding by Metrolink/SCRRA and a City contribution of $100,000 is within the FY 2025-26 Adopted Budget in Account No. 001-636- 45900-000-35807 (previously assigned to SCOUP permitting), in addition to re-programming $49,000 in unused funding from California Coastal Commission LCP Planning Grant 21-07 to LCP Grant 24-01.

Recommended Action(s):
..recommendation
Staff recommends the City Council consider adoption of Resolution 26-48, which would:

1. Approve Phase 2 of the Offshore Sand Source Investigation project to further study the San Onofre/Agra, Santa Ana River and potentially other sites;

2. Approve, and authorize the City Manager to execute, the Cooperative Agreement with Metrolink/SCRRA to accept $300,000 in mitigation fees to fund Phase 2 of the Offshore Sand Source Investigation project (Attachment 2);

3. Accept revenues contributed by Metrolink/SCRRA to mitigate impacts on sand supply from a past project on the beach in San Clemente in the amount of $300,000 to Account No. 001- 000-33490;

4. Authorize a supplemental appropriation of $300,000 (mitigation funds) to Account No. 001- 433-43695;

5. Reassign $100,000 in the FY 2025-26 Adopted Budget in Account No. 001-636-45900-000- 35807 (previously assigned to SCOUP permitting) to support Phase 2 of the Offshore Sand Source Investigation study to account 001-433-43695;

6. Re-program $49,000 in unused funding from California Coastal Commission LCP Planning Grant 21-07 to LCP Grant 24-01;

7. Award a contract to Coastal Frontiers in an amount not to exceed $449,000 to complete the fieldwork portion of the Offshore Sand Source Investigation study; 221
Meeting Date: March 17, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 5

8. Authorize the City Manager to execute the contract (Attachment 3) with Coastal Frontiers following execution of the Cooperative Agreement with Metrolink/SCRRA;

9. Authorize an exemption to the formal solicitation process under City Policy 201-2-1, Section XI.A.1.2; and

10.Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 – Information Collection).
..end
Attachment:

1. Resolution 26-48

2. Cooperative Agreement with Metrolink/SCRRA

3. Professional Services Agreement with Coastal Frontiers to support Phase 2 fieldwork as part of the Offshore Sand Source Investigation.

Notification:

Coastal Frontiers.
222
Attachment 1
RESOLUTION NO. 26-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

AGREEMENT WITH, AND ACCEPTING FUNDING FROM,

METROLINK / SOUTHERN CALIFORNIA REGIONAL
RAILROAD AUTHORITY TO SUPPORT PHASE 2 OF THE

OFFSHORE SAND SOURCE INVESTIGATION,

AUTHORIZING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING A CONTRACT TO
COASTAL FRONTIERS FOR PHASE 2 FIELDWORK,

AUTHORIZING THE CITY MANAGER TO EXECUTE

RELATED AGREEMENTS, MAKING RELATED

SUPPLEMENTAL APPROPRIATIONS AND FINDING THE

ACTIONS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
..body
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures including the existing rail line and other critical public infrastructure; and
WHEREAS, the City has begun actively implementing a comprehensive, citywide coastal resiliency building strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach shoreline in the City; and WHEREAS, based on emergency conditions on City beaches where there is no dry sand at high tide, and public beaches, existing structures and critical public infrastructure including the railroad is exposed to direct wave attack, runup, overtopping and undermining; and
WHEREAS, in 2024, the City was awarded an $800,000 grant from the Coastal Commission to conduct an offshore borrow site investigation to identify new sand sources that could be used to sustain a long term and comprehensive sand replenishment program in the City; and
WHEREAS, the Orange County Transportation Agency (OCTA) provided supplemental funding in the amount of $180,000 to support additional field work and vibracore-based geologic sampling as part of the City’s Offshore Sand Source Investigation; and
WHEREAS, the City retained a team of coastal experts led by Coastal Frontiers Corporation in October 2024 to conduct the Offshore Sand Source Investigation Phase 1 in which the fieldwork was completed in calendar year 2025; and 223
Resolution No. 26-48 Page 2
4890-6752-0111 v4
WHEREAS, Metrolink/Southern California Regional Railroad Authority will provide beach sand impact mitigation fees in the amount of $300,000 which will support Phase 2 of the Offshore Sand Source Investigation fieldwork as outlined in a Cooperative Agreement (Attachment 2 to the related March 17, 2026 staff report) between the City and Metrolink/Southern California Regional Railroad Authority; and WHEREAS, the City will contribute an additional $100,000 to the Offshore Sand Source Investigation Phase 2 and will also utilize $49,000 in funds reprogrammed from a different Coastal Commission grant to support this effort; and WHEREAS, the City desires to develop additional sand sources as close to the City of San Clemente as possible to sustain a long term comprehensive beach sand replenishment program;
WHEREAS, entering into an agreement with Metrolink/Southern California Regional Railroad Authority to receive supplemental funding for the Offshore Sand Source Investigation Phase 2 will support extra days on the ocean increasing the potential for locating beach quality sand deposits close/closer to San Clemente; and WHEREAS, Coastal Frontiers has the experience and qualifications needed to perform the fieldwork for Phase 2 and its fee is fair and reasonable; and WHEREAS, City Purchasing Policy 201-2-1 permits the City Council to authorize an exemption to the formal solicitation process when the City Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City.

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

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

SECTION 2. Based on the review of the record as a whole, the City Council finds and determines that these actions and Phase 2 of the Offshore Sand Source Investigation study is categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 – Information Collection) because the project consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

SECTION 3. The City Council approves and authorizes Phase 2 of the Offshore Sand Source Investigation fieldwork project to further study the San Onofre/Agra, Santa Ana River, and potentially other sites.
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Resolution No. 26-48 Page 3
4890-6752-0111 v4
SECTION 4. The City Manager is hereby authorized and directed to execute, the Cooperative Agreement with Metrolink/Southern California Regional Railroad Authority to accept $300,000 in beach sand impact mitigation fees to fund Phase 2 of the Offshore Sand Source Investigation project in a form substantially similar to that presented to the City Council on March 17, 2026.

SECTION 5. The City Council hereby accepts the revenues contributed by Metrolink/Southern California Regional Railroad Authority to mitigate impacts on sand supply from a past project on the beach in San Clemente in the amount of $300,000 to Account No. 001-000-33490.

SECTION 6. The City Council hereby authorizes a supplemental appropriation of $300,000 (mitigation funds) to Account No. 001-433-43695.

SECTION 7. The City Council hereby reassigns $100,000 in the FY 2025-26 Adopted Budget in Account No. 001-636-45900-000-35807 (previously assigned to SCOUP permitting) to support Phase 2 of the Offshore Sand Source Investigation study to Account No. 001-433-43695.

SECTION 8. The City Council hereby approves re-programming of $49,000 in unused funding from California Coastal Commission LCP Planning Grant 21-07 to LCP Grant 24-01.

SECTION 9. The City Council hereby authorizes an exemption to the formal solicitation process under City Policy 201-2-1, Section XI.A.1.2 because it would be inefficient to issue a new Request For Proposals (RFP) for field services when, through the previous RFP process for Phase One, Coastal Frontiers demonstrated superior qualifications and expertise, with a project team that is well aligned with project goals.

SECTION 10. The City Council hereby awards a professional services agreement to Coastal Frontiers, in an amount not to exceed $449,000, to complete the fieldwork portion of the Phase 2 Offshore Sand Source Investigation study.

SECTION 11. The City Manager is hereby authorized and directed to execute the professional services agreement with Coastal Frontiers for Phase 2 in a form substantially similar to that presented to the City Council on March 17, 2026, following execution of the Cooperative Agreement with Metrolink/Southern California Regional Railroad Authority.

SECTION 12. That the City Manager or his designee are hereby authorized and directed to take such actions as are necessary or proper to fulfill the purpose and intent of this Resolution and/or proceed with Phase 2 of the Study. 225
Resolution No. 26-48 Page 4
4890-6752-0111 v4
SECTION 13. 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 17th day of March, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California 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. 26-48 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
226

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COOPERATIVE AGREEMENT MU221-26

BETWEEN

SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
AND

CITY OF SAN CLEMENTE
FOR
PHASE 2 OF THE OFFSHORE SAND SOURCE INVESTIGATION
THIS COOPERATIVE AGREEMENT (Agreement) is effective this _____ day of _____________ 20__, (“Effective Date”) by and between the Southern California Regional Rail Authority, 900 Wilshire Blvd, Suite 1500, Los Angeles, CA 90017 (hereinafter referred to as “AUTHORITY”), and the City of San Clemente, 910 Calle Negocio, San Clemente, California 92673, (hereinafter referred to as “CITY”), which are individually referred to as “PARTY”, and collectively referred to as “PARTIES”.

RECITALS:

WHEREAS, AUTHORITY is a five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, administer, and operate the “METROLINK” commuter train system on railroad rights-of-way owned by the member agencies and through other shared use and joint operation agreement. The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (LA METRO), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority (OCTA), San Bernardino County Transportation Authority (SBCTA), and Riverside County Transportation Commission (RCTC); and WHEREAS, CITY is a municipal corporation and general law city in Orange County, California, with jurisdiction over public rights-of-way within its boundaries; and WHEREAS, AUTHORITY is undertaking a Culvert Rehabilitation Project to protect the coastal railway infrastructure in San Clemente; and
Attachment 2
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COOPERATIVE AGREEMENT MU221-26

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WHEREAS, CITY is engaged in Phase 2 of the Offshore Sand Source Investigation ("OSSI") Project (“PROJECT”) to identify potential offshore sand borrow sites for beach nourishment and coastal resiliency which is currently being funded by a grant from the California Coastal Commission; and
WHEREAS, the OSSI includes vibracore sediment sampling of priority offshore sites identified based on their proximity to the CITY and the likelihood of containing suitable beach-quality sand; and WHEREAS, the AUTHORITY agrees to provide supplemental funding up to the amount of $300,000 to support the CITY’s OSSI as a California Coastal Commission Coastal Development Permit Special Condition requirement (see Exhibit B) for the Culvert Rehabilitation Project; and WHEREAS, the PARTIES intend through this Cooperative Agreement to formally outline their respective roles, responsibilities, and commitments concerning the OSSI PROJECT; and WHEREAS, the AUTHORITY’s Chief Executive Officer (CEO) authorized this Agreement on this ____ day of __________________, 20__.

NOW, THEREFORE, it is mutually understood and agreed by the PARTIES as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications. The invalidity of other term(s) or condition(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein.

B. AUTHORITY’s failure to insist on any instance(s) of CITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver of relinquishment of AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the CITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by 228
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an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. CITY’s failure to insist on any instance(s) of AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver of relinquishment of CITY’s right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the subjects and projects addressed herein. PARTIES agree that each will cooperate and coordinate with the others in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:

A. To designate a Project Manager as a single point of contact for PROJECT.

B. AUTHORITY will provide supplemental funding to support the PROJECT cost associated with the OSSI, described in Exhibit A. The total funding contribution by the AUTHORITY shall not exceed Three Hundred Thousand Dollars ($300,000) as approved by the AUTHORITY’s CEO.

C. SCRRA will reimburse CITY for actual costs and expenses incurred by the CITY in performance of required work in connection with the PROJECT up to Three Hundred Thousand Dollars ($300,000), see Exhibit B (Cost Reimbursement Requirements) and Exhibit C (Travel Expenses).

D. AUTHORITY will review the CITY’s progress reports quarterly and cost-to-complete updates, including a breakdown of actual expenditures to date, the percentage of work completed, 229
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forecasted remaining costs, and identification of any variances. These reports will be submitted in a format acceptable to AUTHORITY and will serve as the basis for reviewing and reconciling ongoing cash flow needs.

ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:

A. Serve as the lead agency for the OSSI and manage the overall project, including the management of the chosen consultants and contractors, scheduling of vibracore sampling activities, and obtaining any necessary permits for conducting the offshore sediment sampling.

B. To designate a Project Manager as a single point of contact for PROJECT.

C. Ensure that the OSSI (including any additional sites funded by AUTHORITY under this Agreement) is carried out in accordance with the grant requirements of the California Coastal Commission and all applicable laws and regulations.

D. CITY shall deliver a copy of the final OSSI report (including findings from additional sites, if any) to the AUTHORITY upon completion.

E. Ensure that all necessary environmental reviews, permits, and approvals are obtained for the OSSI and any AUTHORITY-funded additional exploration. If the expansion to an additional site requires notification to or approval from any regulatory body, CITY will take the lead in securing such approval, with support from AUTHORITY as noted above.

F. Use funds provided by the AUTHORITY under this Agreement exclusively for the purpose of conducting the additional sand exploration activities contemplated by this Agreement.

CITY, or its consultant, shall track costs of such activities separately from the grant-funded portion of the OSSI.

G. CITY will submit final billing to AUTHORTIY within one hundred eighty (180) days after submitting written notice to AUTHORTIY that all PROJECT work has been completed. CITY’s invoices will detail charges and costs for the OSSI PROJECT.

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incurred. The invoice or statement submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. CITY’s invoice shall include the following information required in Exhibit C and Exhibit D.

I. CITY agrees that the Contract Cost Principles and Procedures, 48 CFR, Chapter 1, Part 31 (Federal Acquisition Regulations) shall be used to determine whether individual items of cost are allowable. CITY also agrees to comply with requirements applicable to federal grantees in accordance with 2 CFR Part 200.

J. CITY will invoice AUTHORITY monthly by the 15th of each month. CITY will furnish information as may be requested by AUTHORITY to substantiate the validity of an invoice. To ensure prompt payment, CITY will submit an electronic copy of the invoice to [email protected]; and copy the Project Manager. Each invoice will include the following information:

1. Contract Number: MU221-26

2. Purchase Order number (if applicable)

3. Detailed description of the Services rendered

4. Time period covered by the invoice

5. Amount of payment requested

6. Additional information requested by the SCRRA (if applicable)

7. The parties will agree to a specific invoice format, which will reflect the nature and requirements of this Agreement prior to the first billing cycle under this Agreement. The format of invoice to be submitted is subject to change at the discretion of AUTHORITY.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer or designee; the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Office or designee; and the actions required to be taken by CITY in the implementation of this Agreement are delegated to its City Manager or designee.
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ARTICLE 6. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be Three Hundred Thousand Dollars ($300,000). In no event shall the total amount paid for Services rendered by CITY exceed the sum of $300,000 for the total term of this Agreement unless this Agreement is amended by the Parties in writing.

In the event SCRRA should overpay the CITY, such overpayment will not be construed as a waiver of the AUTHORITY’s right to obtain reimbursement for the overpayment. Upon discovering any overpayment, either on its own or upon notice of the AUTHORITY, CITY will immediately reimburse AUTHORITY the entire overpayment. In the event CITY should underbill AUTHORITY, such underbilling will not be construed as a waiver of the CITY’s right to obtain reimbursement for the underbilling. Upon discovering any underbilling, either on its own or upon notice of the AUTHORITY, CITY will immediately bill AUTHORITY for the underbilled amount.

AUTHORITY 's obligation to pay for Services under this Agreement is contingent upon the availability of funding from which payment can be made. CITY’s ability to provide Services under this Agreement are wholly contingent upon AUTHORITY providing full reimbursement for all costs incurred. No legal liability on the part of AUTHORITY shall arise for payments unless funds are designated by AUTHORITY for such performance. AUTHORITY shall immediately notify CITY if it fails to appropriate or lacks funding to pay for the Services under this Agreement. Such notification shall occur in writing within 5 business days of knowledge of a potential or actual risk to payments for Services under this Agreement. CITY shall cease providing Services under this Agreement in the event AUTHORITY fails to make payment or notifies CITY of the lack of capacity to provide payment.

ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and CITY shall retain all accounting records pertaining to the PROJECT and shall open said accounting records to inspection and audit by representatives of AUTHORITY and CITY for a period of four (4) years following payment of any invoice, or until any on-going audit is 232
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completed. The above provision with respect to audits shall extend to and/or be included in contracts with CITY contractors.

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, CITY shall defend (at CITY’s sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, member agencies, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CITY’s employees included), for damage to property, including property owned, operated or maintained by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS
The AUTHORITY and CITY agree to the following mutual responsibilities:

A. Term of Agreement: This Agreement shall continue in full force and effect through December 31, 2026, or until PROJECT closeout, whichever is later, unless terminated earlier by mutual written consent by PARTIES.

B. Termination: In the event a PARTY defaults in the performance of their obligations, under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting PARTIES shall have the option to terminate this Agreement upon thirty (30) days’ prior written notice to the other Party.
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C. Termination for Convenience: Any PARTY may terminate this Agreement by providing thirty (30) days written notice of its intent to terminate for convenience to the other PARTIES.

D. Compliance: PARTIES shall comply with all applicable federal, state, and local laws, statutes, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

E. Legal Authority: PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that, by so executing this Agreement, the PARTIES hereto are formally bound to the provisions of this Agreement.

F. Amendments: This Agreement may be amended in writing at any time by the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES.

G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original and all of which together shall constitute the same agreement. Facsimile, email and electronic signatures will be permitted.

I. Assignment: Neither this Agreement, nor any of the PARTIES rights, obligations, duties, nor authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. 234
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J. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any PARTY to issue bonds, notes or other evidence of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law.

K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern hereunder.

L. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing PARTY.

M. Notices: Any notices, requests or demands made between the PARTIES pursuant to this Agreement are to be directed as followed:

To AUTHORITY: To CITY:

Southern California Regional Rail Authority City of San Clemente 900 Wilshire Boulevard, Suite 1500
Los Angeles, CA 90017
Attention: Janae Kuria
Railroad Civil Engineer II
Tel: 213.910.2179
Email: [email protected]
910 Calle Negocio
San Clemente, California 92673
Attention: Laura Campagnolo, City Clerk
and Leslea Meyerhoff
Tel: 760.845.8028
Email: [email protected]
[email protected]
N. Force Majeure: Any PARTY shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTIES; when satisfactory evidence of such cause is presented to the other PARTIES, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. MU221 to be executed as of the date of the last signature below.

CITY OF SAN CLEMENTE
By:

Andy Hall
City Manager
ATTEST:

By:

Laura Campagnolo
City Clerk

APPROVED AS TO FORM
By:

Elizabeth A. Mitchell
City Attorney

SOUTHERN CALIFORNIA REGIONAL

RAIL AUTHORITY
By:

Darren M. Kettle
Chief Executive Officer

APPROVED AS TO FORM
By:

Don O. Del Rio
General Counsel
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Exhibit:

EXHIBIT A – City of San Clemente Scope of Work: Phase 2 – Offshore Sand Source Investigation EXHIBIT B – Coastal Development Permit
EXHIBIT C – Invoice Requirements
EXHIBIT D – Travel Procedures For Contractors
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EXHIBIT A – CITY OF SAN CLEMENTE SCOPE OF WORK: PHASE 2 –

OFFSHORE SAND SOURCE INVESTIGATION
Metrolink/SCRRA Mitigation Funds will be used to support the Phase 2 scope of work for the Offshore Sand Source Investigation (OSSI). The contractor performing this work on behalf of the City of San Clemente (“CITY”) is Coastal Frontiers Corporation (“CFC”), which is currently under contract with the CITY. The additional funding required to complete Phase 2 of the OSSI is estimated by CFC to range from $720,000 to $1,080,000. This funding level would support a full and comprehensive offshore sand source investigation. However, the CITY currently has approximately $450,000 available (including Metrolink/SCRRA funds). As a result, CFC will be required to prioritize investigation sites unless additional funding is secured. The Phase 2 fieldwork program will commence as soon as practicable following execution of the agreement between the AUTHORITY and the CITY.

Proposed Phase 2 Exploration Plan
Phase 2 exploration for the OSSI is planned for 2026. The exploration plan for Phase 2 is guided by the findings of Phase 1 and consists of expansion of the sites explored during Phase 1 and first-time investigation of sites not included in Phase 1. The number of cores obtained at each site and the locations will depend on the findings in the field. Similarly, the actual number of areas explored will be dependent on field findings and available budget.

Table 1 summarizes the sites included in the Phase 2 exploration plan. The sites are mapped in Figure 1.

Table 1. Phase 2 Exploration Sites
Candidate Exploration Area Phase 1 Phase 2 Exploration
Surfside/Sunset 7 cores Additional Exploration +
Expanded Area
Huntington Beach Not Explored First Time Exploration +
Expanded Area
Santa Ana River 2 cores Additional Exploration +
Expanded Area
Dana Point 3 cores Not Included
Doheny Not Explored First Time Exploration
North Beach, San Clemente Not Explored First Time Exploration San Clemente South Not Explored First Time Exploration
San Mateo Point 4 cores Not Included
San Onofre State Beach (Agra) 15 cores Additional Exploration + Expanded Area
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Camp Pendleton (Las Pulgas) 1 core Additional Exploration + Expanded Area
Santa Margarita River Not Explored First Time Exploration

Figure 1. Phase 2 Candidate Exploration Areas
Water depths at the Phase 2 exploration sites range from about 30 to 65 ft, MLLW (outside the presumed depth of closure and within the practical depth limit for dredging operations). The sea bottom at the sites is believed to be comprised of sandy sediments. The sediments at the sites are anticipated to be free of chemical contaminants based on the open ocean location and geologic age of the material. The sites are devoid of obstructions such as artificial habitat, archeological sites/shipwrecks, and subsea pipelines or outfalls based on evaluation of NOAA navigation charts, NOAA Office of Coast Survey’s Wreck and Obstruction database, the NOAA National Geophysical Data Center (NGDC) database showing the predictive model for locating potential archaeological sites along the CA coast, and the CA State Lands Commission online GIS database. 239
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A vibracore sediment sampling program will constitute the principal component of the sand source investigation. Sediment cores will be obtained to determine the physical (grain size distribution) and chemical characteristics of the sediment at each candidate borrow site.

The field program will be conducted in a diagnostic manner, with real-time findings guiding the exploration within a given candidate exploration area and determining when to move to the next candidate exploration area. The exploration will commence with areas deemed promising during the Phase 1 exploration program. The general priority of exploration sites is shown in Table 2.

Table 2. Candidate Borrow Site Priority
Priority Candidate Borrow Site Distance from San Clemente Pier 1 San Onofre (Agra) 6.5 NM
2 Camp Pendleton (La Pulgas) 11.1 NM
3 Santa Ana River 19.8 NM
4 Huntington Beach 24.2 NM
5 Surfside-Sunset 28.3 NM
6 North Beach 1.3 NM
7 Doheny 2.9 NM
9 San Clemente South 1.6 NM
8 Santa Margarita River 14.5 NM
The total number of cores obtained during the field program, the number of cores at each site, and the locations of the cores at each site will depend on the findings in the field and available budget. Similarly, the actual number of areas explored will be dependent on field findings and available budget. No allotment has been made for weather downtime or downtime associated with damage to equipment due to conditions encountered.
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EXHIBIT B – COASTAL DEVELOPMENT PERMIT
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CALIFORNIA 90802-4830
PH (562) 590-5071
WWW.COASTAL.CA.GOV

December 04, 2025
Permit Application Number: 5-24-0742

COASTAL DEVELOPMENT PERMIT
On November 5, 2025, the California Coastal Commission granted to Southern California Regional Rail Authority (SCRRA) this permit subject to the attached Standard and Special conditions, for development consisting of: Repair existing 8 ft. wide by 6 ft. tall by 30 ft. long reinforced concrete arch culvert at Mile Post (MP) 205.80 and replace 2 ft. wide by 22 ft. long reinforced concrete pipe (RCP) culvert with new 2 ft. by 22 ft. corrugated metal pipe (CMP) culvert at MP 207.20. The applicant also seeks authorization to retain unpermitted approximately 95 ft. long by 17 ft. wide rock revetment surrounding the culvert at MP 205.8. More specifically described in the application filed in the Commission offices.

The development is within the coastal zone within the Railroad Right-of-Way at Mile Posts 205.8 and 207.2, San Clemente, Orange County
Issued on behalf of the California Coastal Commission by Sincerely,
Kate Huckelbridge, PhD
Executive Director
Original on File signed by:

Emily Greer
Coastal Program Analyst
cc: Commissioners/File
ACKNOWLEDGMENT:

The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof.
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The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part of that: “A Public entity is not liable for injury caused by the issuance… of any permit…” applies to the issuance of this permit.

IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE

PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a).

Date: ___________________ Signature _____________________________ STANDARD CONDITIONS:

1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office.

2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date.

3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.

4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit.

5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.

SPECIAL CONDITIONS:

1. Mitigation for Impacts to Sand Supply and Public Access. WITHIN 120 DAYS OF APPROVAL OF THIS COASTAL DEVELOPMENT PERMIT, to offset the impacts to coastal resources associated with unpermitted development of shoreline protection, the applicant shall submit a mitigation plan for the review and written approval of the Executive Director. The mitigation plan must outline SCRRA’s commitment to fund $300,000 toward Phase 2 of the City of San 12/8/2025
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Clemente’s offshore sand source investigation project. Phase 2 of the City’s offshore sand source investigation project is designed to complete exploration of four sampling sites including: San Onofre State Beach (Agra), Camp Pendleton (Las Pulgas), Santa Ana River, and Huntington Beach. If Phase 2 of the City’s sand source investigation project does not commence within one year from the date of approval of this permit (i.e., by November 5, 2026), the applicant shall submit a CDP amendment to redirect the funds to an entity approved by the Executive Director, for the purpose of mitigating lost beach values, including public access and recreational values, and funds from the account shall be used to aid in the provision, restoration or enhancement of these values (including but not limited to public access improvements, recreational amenities, and/or beach creation through sand nourishment or property acquisition) in the coastal zone of the City of San Clemente. The Executive Director may extend the aforementioned deadline for good cause if the Permittee requests an extension of the deadline in writing prior to expiration of the deadline.

The permittee shall undertake development in accordance with the approved plan. Any proposed changes to the approved plan shall be reported to the Executive Director. No changes to the approved plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director provides a written determination that no amendment is legally required.

2. Nesting Bird Monitoring and Avoidance Plan. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a Nesting Bird Monitoring and Avoidance Plan that shall include but not be limited to the following provisions:

If project activities must occur during bird nesting season (February 1 through August 31), a qualified biologist, with experience conducting bird surveys, shall survey for active nests within 72 hours prior to commencement of project activities, and once a week thereafter during construction, to detect any such activity within 500 ft. of the project area. If an active songbird nest(s) is located within 300 ft. of construction activities (500 ft. for raptors), the qualified biologist shall halt construction activities to enable the applicant to employ best management practices (BMPs) to ensure that construction activities do not disturb or disrupt nesting activities. Noise levels at active nest sites must not exceed 65 dB unless a noise study has determined that ambient noise in the immediate area exceeds that level. If this is the case, noise levels at the nest site must not exceed the ambient noise level measured. Noise reducing BMPs may include using alternative equipment, equipment noise buffering, sound blankets, etc. Alternatively, construction activities and schedules may be adjusted to avoid active nest areas until the respective young birds have fledged. Unrestricted construction activities may resume when no active nests remain in the 244

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construction area. Results of nesting bird surveys, ambient noise surveys, and any follow-up construction avoidance measures shall be documented in monthly reports by the qualified biologist and submitted to the Coastal Commission Executive Director throughout the bird breeding season.

3. Material/Design Specifications for Visual Resource Protection. PRIOR TO ISSUANCE OF THIS PERMIT, the applicant shall submit detailed plans, for the review and approval of the Executive Director, which show that all exposed surfaces of the approved culverts, headwalls, and wingwalls, shall be designed to include, or mimic, the native materials and appearance of the natural environment.

4. Riveria Beach Access Pathway. By acceptance of this permit, the applicant agrees that the Riveria Beach access culvert at MP 205.80 shall remain open for pedestrian access during weekends of the summer period between Memorial Day Weekend and Labor Day during construction. No closures of this access pathway during weekends of this timeframe shall be allowed unless the Commission approves an amendment to this permit, or the Executive Director provides a written determination that no amendment is legally required.

5. Culvert Duration of Approval
a. Culvert Authorization Period. This coastal development permit authorizes the subject culverts to remain until the time when the currently existing railroad: A) is no longer present or becomes abandoned, unless it is demonstrated that the culverts are still required for adequate drainage; or B) no longer requires a culvert drainage device, whichever occurs first.

Prior to the anticipated expiration of the permit and/or in conjunction with redevelopment of the property, the Permittee shall apply for a permit amendment to remove the culverts or to modify the terms of authorization. b. Culvert Modifications. If, during the term of this authorization, the Permittee desires to expand or alter the subject culverts, the Permittee shall apply for an amendment to this coastal development permit. If approved, additional mitigation may be required for the potential impacts of the enlarged or reconstructed culverts on landform alteration, geologic and shoreline processes, and all other affected coastal resources that have not already been mitigated through this permit will be addressed and required at that time.

6. Rock Revetment Future Coastal Resource Impact Mitigation. 245

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a. Authorization Period. This CDP accounts for mitigation of coastal resource impacts due to the rock revetment for the eight years it was on the beach without a permit and the first 20 years from the date of the approval of this Permit (i.e., until November 5, 2045). If the Permittee (or any subset thereto) intends to keep the armoring in place after November 5, 2045, such Permittee must submit a complete CDP amendment application prior to that time that analyzes the continued need for armoring, the feasibility of less coastal resource impactful alternatives, and any necessary and/or desired project modifications.
b. Coastal Resource Impact Mitigation. If the information in the CDP amendment application demonstrates that the mitigation plan approved under this permit will not sufficiently mitigate for the adverse coastal resource impacts associated with the retention of the armoring beyond the preceding 20-year period, additional mitigation may be required. Similarly, if the Permittee applies for a separate CDP or an amendment to this CDP to modify the armoring, or to perform repair work affecting 50 percent or more of the armoring, such Permittee shall be required to provide additional commensurate mitigation for the impacts of the enlarged or redeveloped armoring on public views, public recreational access, shoreline processes, environmentally sensitive habitat area (ESHA), and all other affected coastal resources that have not already been mitigated through this CDP.

7. Storage of Construction Materials, Mechanized Equipment, and Removal of Construction Debris. The permittee shall comply with the following construction-related requirements:
a. No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion; b. All debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project; c. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters;
d. All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day;
e. The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; f. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the Coastal Zone, a coastal development permit or an amendment to this permit shall be 246

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required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; g. The applicant shall use plastic-free netting or no netting in a temporary erosion and sediment control BMPs.
h. The use of temporary erosion and sediment control products (such as fiber rolls, erosion control blankets, mulch control netting, and heavy-duty silt fences) that incorporate plastic netting shall be prohibited, to minimize wildlife entanglement and plastic debris pollution. Only 100% biodegradable (not photodegradable) natural fiber netting shall be allowed. i. All stockpiles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil; j. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems;
k. The discharge of any hazardous materials into any receiving waters is prohibited;
l. Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff.

The area shall be located as far away from the receiving waters and storm drain inlets as possible;
m. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity; and
n. All BMPs shall be maintained in a functional condition throughout the duration of construction activity.

8. Other Agency Approvals. PRIOR TO COMMENCEMENT OF DEVELOPMENT, the Permittee shall submit to the Executive Director written evidence that all approvals have been granted by all other applicable agencies, including at a minimum the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service, California State Parks, and the California State Lands Commission, or evidence that no such authorizations are required from each of these entities. The Permittee shall inform the Executive Director of any changes to the project required by any other authorizations. Any such changes shall not be incorporated into the project until the Permittee obtains an 247

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amendment to this CDP, unless the Executive Director determines that no amendment is legally required.

9. Assumption of Risk, Waiver of Liability and Indemnity. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from landslides, tsunami, flooding, sea level rise, erosion and wave uprush; (ii) to assume the risks to the permittee and the property that are the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the Commission, its officers, agents, and employees with respect to the Commission’s approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards.

10.Future Revetment Maintenance. The permittee shall maintain the existing revetment in its approved state. Any change in the design of the revetment or future additions or reinforcement of the revetment, beyond exempt maintenance as defined in Section 13252 of Title 14 of the California Code of Regulations to restore the structure to its original condition, will require a coastal development permit or amendment. However, in all cases, if after inspection, it is apparent that repair and maintenance is necessary, the permittee shall contact the Executive Director to determine whether a coastal development permit or an amendment to this permit is legally required, and, if required, shall subsequently apply for a coastal development permit or permit amendment for the required maintenance.

The applicant agrees to remove (or deposit on the revetment) any debris, rock, or other materials from the beach which become dislodged after completion of the approved project through weathering, wave action, settlement or other action, on an as-needed basis and as soon as feasible after discovery, subject to the permitting requirements listed above.

11.No Future Seaward Extension of Shoreline Protective Device. By acceptance of this permit, the applicant agrees, on behalf of themselves and all successors and assigns, that no future repair or maintenance, enhancement, reinforcement, or any other activity affecting the existing rock revetment shall be undertaken if such activity extends the footprint seaward of the existing revetment. By acceptance of this permit, the applicant waives, on behalf of themselves and all successors and assigns, any rights to such development that may exist under Public Resources Code Section 30235.
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12.Public Rights. By acceptance of this CDP, the Permittee acknowledges and agrees, on behalf of themselves and all successors and assigns, that the Coastal Commission’s approval of this CDP shall not constitute a waiver of any public rights that may exist on the affected property, and that the Permittees shall not use this CDP as evidence of a waiver of any public rights that may exist now or in the future.
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EXHIBIT C – INVOICE REQUIREMENTS
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INVOICE REQUIREMENTS
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Southern California Regional Rail Authority
Invoice Support Requirements
(Must be provided in a comprehensive PDF document)

1. Consolidated Invoice (may contain multiple Projects/Work Directives)

2. Summary of expenses by Project that tie to Invoice total (as in #1)

3. Summary of Project expenses by the five expenditure categories listed (a.- e.) with subtotals tying to Project total summary of expenses (as in #2)

4. Detailed expense breakdown with proper support for the five expenditure categories and which tie out to subtotals (as in #3)
a. Labor Charges: Payroll hours broken out by employee which tie to summary sheets. Labor charges need to be substantiated by proper time keeping records including:
i. Employee Timesheets
ii. Certified payroll
iii. Payroll registers
b. Travel Charges:
i. Detailed expense report
ii. Breakdown of all charges, validation that amounts claimed do not exceed GSA per diem rates:
https://www.gsa.gov/travel/plan-book/per-diem-rates
iii. Itemized receipts (employees, vendors, and their subcontractors must comply)

1. Original itemized receipts are required for all expense reimbursements related to registration, flights, lodging, transportation, meals, and incidental expenses. iv. If mileage reimbursement, maps with total miles to and from location

1. Reimbursement for the use of personal vehicles shall be based on actual mileage, supported by beginning and ending destination points, and utilizing the mileage rates established by the Internal Revenue Service.
v. SCRRA Signed travel pre-approval authorization form
c. Equipment, Material, and Supplies Charges:
i. Receipts or invoices
ii. Breakdown of employees, rates, and hours charged for/on equipment used d. Other Direct Costs:
i. Receipts or invoices, ensure that all support properly substantiates costs e. Subcontractor Charges:
i. Subcontractor Project invoice(s)
ii. Summary of expenses by Project by the expenditure categories (as applicable, and must conform to above stated detailed requirements for:

1. Labor Charges

2. Travel Charges

3. Equipment, Material, and Supplies Charges

4. Other Direct Costs
*Any revisions or adjustments to invoices must be properly documented and reconciled to original invoices. 252
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EXHIBIT D – TRAVEL PROCEDURES FOR CONTRACTORS
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TRAVEL PROCEDURES FOR CONTRACTORS
Rev 4.0, 04/05/2023
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SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 2

TABLE OF CONTENTS
A. Auto Mileage............................................................................................................................. 3 B. Air Travel .................................................................................................................................. 3 C. Foreign Travel .......................................................................................................................... 4 D. Accommodations...................................................................................................................... 4 E. Meals........................................................................................................................................ 6 F. Telephone Usage ..................................................................................................................... 7 G. Parking and Ground transportation.......................................................................................... 7 H. Non-Allowable Expenses ......................................................................................................... 7 255
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 3

TRAVEL PROCEDURES FOR CONTRACTORS
All SCRRA projects, Capital, State of Good Repair (SGR) and Operational are supported with some form of federal and/or state funding. Therefore, whichever regulations or statutes are the stricter, these are the guidelines we must all follow to get our invoices paid/reimbursed by Grantors.

The guidelines contained in this document are general guidelines for determining allowable costs, and any program-specific guidelines take precedence over what is identified in this document.

Before you incur a cost, that you are unsure is allowable, reach out to your SCRRA Project Manager to get you an answer.

Disallowed costs are those charges to Federal or State Award that the awarding agency or passthrough entity determines to be unallowable, in accordance with the applicable federal & state statutes, regulations, or the terms and conditions of the Award.

If travel is authorized by the Authority to be reimbursed, it will be reimbursed in accordance with the Federal Travel Regulation contained in 41 Code of Federal Regulations (CFR), Chapters 300 through 304. Rates will not exceed the General Services Administration (GSA) Per Diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates). Reimbursements will be based on itemized receipts. All receipts will include an itemized listing supported by copies of the original receipts, invoices, expense accounts and miscellaneous supporting documents.

If travel is being charged to the Authority whether to Los Angeles or from Los Angeles to other locations, it must be approved in writing in advance by the Authority’s Project Manager. A completed Travel Request and Authorization (TRA) Form is required for all travel with a justification memo indicating the purpose of travel submitted to the Project Manager prior to travel.

Time for travel will not be reimbursed.

A. Auto Mileage
Auto Mileage, if using personal automobile, will be reimbursed at the IRS mileage rate. Travel to SCRRA facility within the five county areas will not be reimbursed. Travel between SCRRA facility to SCRRA worksite/right-of-way will be reimbursed at the IRS mileage rate.

B. Air Travel
Air fares will be reimbursed based on the most direct route at coach class travel rates. Upgrading (coach to a higher class) of airline tickets will only be reimbursed when pre-approved, and only when the business schedule required immediate travel at a time when higher class accommodations are the only accommodations available. Downgrading (exchange) of airline ticket where the Contractor receives financial or personal gain is not permitted. If a trip is postponed, reservations should be canceled immediately.

Travel arrangements should be made as early as possible (preferably three weeks in advance of travel date) to take advantage of advanced reservation rates. The Authority does not pay for air travel insurance.

Non-reimbursable Airfare:
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SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 4 • Flights above the lowest economy fare, including incremental ticket costs to obtain frequent flyer benefits
• Use of flight miles or credits to upgrade
• Extra fees for seat selection
• Fees for more than one (1) checked luggage
• Fees for in-flight internet, unless specific business need and pre-approved by SCRRA • Travel booking fees
C. Foreign Travel
For foreign travel, the Foreign Travel Approval (FTA) Form must be completed by the traveler to request grant authorization prior to routing any other forms.

It is the traveler’s responsibility to give a minimum of 30-day notice for SCRRA to obtain grantor approval and ensure compliance with applicable regulations for the specified funding source.

Travel to be reimbursed through Federal or State Grants shall not exceed the General Services Administration (GSA) Per Diem rates for the city of domestic travel or the Department of State Per Diem rates for the city of foreign travel. All amounts over the maximum Per Diem allowance will require identification of a non-Grant funded project where the overages will be charged.

Foreign currency exchange rates are on the day the transaction(s) were completed. (example:
one week of travel would have more than one rate applied) Itemized receipts are required for all expense reimbursements.

D. Accommodations
The Authority will reimburse hotel room fees at room rate not-to-exceed the General Services Administration (GSA) Per Diem rates (https://www.gsa.gov/travel/plan-book/per-diem-rates).

All hotel bills/folios must be itemized and show proof of payment.

Per Diem Rate does not include taxes and is the maximum. These are guidelines, not allowances.

Non-reimbursable Lodging:
• Expenses without itemized receipts or proof of payment. • Lodging expenses over the GSA Per Diem Rate for the city of travel • Incidental expenses which are defined as fees and tips given to porters, baggage carriers and hotel staff
• Internet access at hotels, unless due to a specific business need (requires pre-approval from SCRRA)
• Personal expenses such as personal care items, movies, and health club fees. (See examples below)
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SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 6 E. Meals
All receipts must be itemized. Per Diem rates includes taxes and tips and are maximum guidelines, not allowances. Gratuities cannot exceed 15%. The first and last day of travel will be subject to a maximum of 75% of the Per Diem Rate. The cost of the traveler’s necessary meals shall be reimbursed at actual costs, not to exceed the General Services Administration (GSA, https://www.gsa.gov/travel/plan-book/per-diem-rates) Per Diem Rate listed for the applicable city.

Itemized receipts such as credit card receipts or cash register tape are required for all meals in order to be reimbursed. The Authority will not pay for alcoholic beverages. 259
SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 7 F. Telephone Usage
Expenses for telephone usage should be included in the Contractor’s overhead rate and will not be reimbursed separately.

G. Parking and Ground transportation
Public transportation should be used whenever possible; however, if necessary, rental car expenses including gas will be reimbursed for authorized travel only. The Contractor’s employees will rent the lowest automobile classification appropriate for the size or purpose of the group using the vehicle.
1-2 Travelers Compact
3 Travelers Medium/Intermediate
4-5 Travelers Full Size/Standard Equipment
6+ Travelers Van
Contractor’s employees must fuel rental automobiles prior to turn-in as rental companies normally add a large service charge to fuel costs.

Contractor’s employees should take advantage of “Early Bird Parking” whenever possible.

Parking expense incurred while conducting Authority business is reimbursable.

Transportation related to toll charges incurred while on Authority business is reimbursable.

H. Non-Allowable Expenses
The Authority will not provide any reimbursement for expenses that are unallowable per 48 CFR Part 31.2 (FAR) or that could be perceived as lavish or excessive, as such expenses are inappropriate for reimbursement by a public agency. Expenses that are not reimbursable include, but are not limited to:
• Expenses without itemized receipts.
• Alcoholic beverages.
• Meal expenses over the GSA or Department of State Per Diem Rate for the city of travel. • Flights above the lowest economy fare.
• Extravagant transportation charges, such as limousines. • Incremental airline ticket costs to obtain frequent flyer benefits. • Policy allows for the extra charge of one piece of luggage. For travelers requesting reimbursement for more than one bag, a justification must be attached. The justification must state why the traveler must pay for extra luggage (such as computer, presentation handouts, tradeshow exhibits, etc.) for a documented business-related purpose, and can demonstrate that the additional cost is solely for the benefit of the State. • Travel expenses incurred during personal time, prior to or after completion of Authorityrelated business. • Vehicle rental and leases – no additional insurance, only compact/sub compact level vehicles. If upgraded to a higher-level vehicle but charged for a compact due to rental company availability it must be noted by the rental company on the agreement. • Gratuities of more than 15%.
• Fines for parking citations or moving violations.
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SCRRA Travel Procedures for Contractors, Rev 4.0, 04/04/2023 page 8 • Personal banking fees including, but not limited to, ATM fees and currency exchange charges.
• Late fees or penalties incurred on a corporate or personal credit card • Personal expenses, such as: personal care items, movies, laundry and health club fees. • Policy exceptions not pre-authorized.

Prepared by: SCRRA-FIN/Bloes, SCRRA-CP/Kastrisianakis
Approved by: SCRRA CFO/Hackett on 4-4-2023
Note: Thank you for following the above guidelines. If you have any questions or need further guidance, please address them to the Project Manager or the Contract Administrator assigned to your contract with SCRRA/Metrolink.
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Attachment 3
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 17th day of March, 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 Coastal Frontiers Corporation, a California corporation, with its principal place of business at 882 A Patriot Drive, Moorpark California, 93021 (“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 offshore sand source investigations 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 the Offshore Sand Source Investigation 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 continued efforts (Phase 2) to conduct offshore sand sampling and analysis in support of developing one or more new borrow sites which can be permitted for use in supplying beach quality sand to the City of San Clemente’s planned beach sand replenishment projects ("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 offshore sand source investigation 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 262
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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.

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.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 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: Greg Hearon, Principal CEO/CFO, Craig B. Leidersdorf, VP.

3.2.7 City's Representative. The City hereby designates Andy Hall, City Manager 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 Greg Hearon, P.E., CEO/CFO or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 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 represents 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 264
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from the Project by the Consultant and shall not be re-employed to perform any of the Services 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 Four Hundred and Forty Nine Thousand Dollars ($449,000.00) without prior written approval of the City Council or City Manager as applicable. Extra Work may be authorized in writing in advance as documented in an amendment to this Agreement or a separate agreement signed by both Parties.

3.3.2 Payment of Compensation. Consultant shall submit to City an invoice at the completion of each payment milestone indicated in Exhibit D which indicates work completed and 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. 265
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3.3.3 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 prior written authorization from the City.

3.3.4 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.”

3.3.5 Labor Code Requirements.

3.3.5.1 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.

3.3.5.2 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.
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3.5 General Provisions.

3.5.1 Termination of Agreement.

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: Coastal Frontiers Corp.
882ª Patriot Drive
Moorpark, CA 93021
ATTN: Greg Hearon, P.E., CFO/CEO
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Leslea
Meyerhoff, Contract Coastal Administrator
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 267
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any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and represents that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 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 approval), 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, 268
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subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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. 269
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third-party 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 represents 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 represents 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 representation, 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 represents 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 270
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provisions stipulated in this Agreement.

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
Coastal Frontiers Corp., a California
corporation (“CONSULTANT”)
By:_____________________________
Gregory E. Hearon, CEO/CFO
Dated: ___________________
By:_____________________________
Craig B. Leidersdorf, VP
Dated: ___________________
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EXHIBIT "A"
Scope of Work
The primary objective of the Phase 2 Offshore Sand Source Investigation (OSSI) is to identify offshore borrow sites with suitable material to support multiple coastal resiliency efforts by expanding upon the findings of the Phase 1 OSSI conducted in 2025.

Consultant shall provide the following services to the City’s satisfaction for Phase 2 (collectively, the “Services”).

Consultant will conduct the Phase 2 investigation in a sequential phased approach as listed below:
 Task 1: Acquire Permits
 Task 2. Prepare Sampling and Analysis Plan for submittal to the SC-DMMT  Task 3. Develop Phase 2 Field Exploration Plan for approval by City  Task 4: Execute Phase 2 Field Exploration Program
 Task 5: Reporting
A vibracore sediment sampling program will constitute the principal component of the Field Exploration Program and is the key for delineating and characterizing suitable sand.

The overarching objective will be to maximize the scope of the vibracore sediment sampling program (Task 4) with the available budget.

Task 1: Acquire Permits
Permits necessary to execute the Field Exploration Program will be obtained – anticipated to be limited to a CA State Lands Commission Geophysical Survey Permit and a Geologic Sampling Permit. The application for this permit was prepared and submitted under the Phase 1 contract.

Deliverable: CA State Lands Commission Geologic Sampling Permit Task 2: Prepare Sampling and Analysis Plan
Prior to conducting the field work, a Sampling and Analysis Plan (SAP) will be prepared.

The SAP will include sample locations, physical and chemical testing protocols, and quality assurance/quality control procedures. A draft plan will be submitted to the Southern California Dredge Materials Management Team (DMMT) for approval prior to finalizing. To the extent acceptable to the DMMT, the SAP will be prepared as an addendum to the Phase 1 SAP that was approved by the DMMT in May 2025.

Deliverable: SAP and SAP Presentation (for DMMT meeting) Task 3: Develop Phase 2 Field Exploration Plan
A Field Exploration Plan will be developed and submitted to the City for approval. The 272
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Plan will outline a vibracore sediment sampling program based on the findings of the Phase 1 program. The number of field sampling days will be commensurate with the budget available to execute the program.

Deliverable: Brief memorandum or PowerPoint slide deck conveying the proposed exploration plan.

Task 4: Execute Phase 2 Field Exploration Program
The Phase 2 Field Exploration Plan will be executed as part of Task 4. Vibracore sediment sampling will form the principal component of the Exploration Plan.

Sediment cores will be obtained to determine the physical (grain size distribution) and chemical characteristics of the sediment at each exploration site. The coring apparatus will be operated from a tug or similar vessel, and will be capable of achieving 15-ft penetration in sand-sized sediment unless otherwise specified in the Field Exploration Plan. The cores will be handled, sampled, archived, tested, and evaluated in accordance with the Sampling and Analysis Plan. QA/QC procedures specified in the SAP also will implemented.

Following completion of the field activities, a Sampling and Analysis Plan Report (SAPR) will be prepared which describes the field work and presents the results.

Deliverables: Sampling and Analysis Plan Report(SAPR), including:
 Vibracore logs, core photos, and penetration records
 Grain size analysis results
 Chemical testing results
Task 5: Reporting
A final study report will be prepared that consolidates all deliverables prepared as part of the Phase 1 and Phase 2 OSSI. The report will provide the receiver site characterization results, describe the process of selecting candidate borrow sites, present the field investigation results, evaluate the suitability of the sediment characterized at each site explored, and provide conclusions and recommendations.

Deliverable: Report documenting the OSSI (Phase 1 and 2). 273
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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 and shall meet all other required deadlines.

Task Item Anticipated Date
1 Acquire CA State Lands Permit April 2026
2 Prepare SAP April/May 2026
3 Develop Field Exploration Plan May 2026
4 Execute Phase 2 Field Exploration Program
Field Program (~2 week window) June-September 2026
SAPR ~3 months after field
sampling
5 Reporting December 2026
The field sampling effort (Task 4) is highly weather sensitive and subject to availably of the very limited vessel fleet that can support this work. The field program is tentatively scheduled for the earliest recommended window - Spring/Summer 2025. It may be advantageous to shift the field data collection window to Summer/Fall 2025 when more favorable conditions may lead to less risk of weather downtime. This option will be evaluated with City staff and mutually decided. 274
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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 non-owned and hired autos, 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.

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:
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(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.
(B) Automobile Liability:

3.2.12.4 Professional Liability (Errors & Omissions):
(A) 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:

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 276
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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.

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.

3.2.12.15 3.2.12.15 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. 277
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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 on a time and materials basis for actual work performed based on the following rates. Total compensation shall not exceed $449,000 and shall be allocated as needed between Tasks 1 through 5 as described in Exhibit B to the Agreement. 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.

Other Direct Costs (ODC’s) shall include subcontractors, materials, expendables and equipment necessary to execute the field program, and travel and per diem necessary to execute the field program and approved in writing in advance by the City. In-house equipment shall include contractor-owned equipment necessary to execute the field program.

Those Portions of Tasks 1 through 5 included in the scope of work for the Phase 1 Offshore Sand Source Investigation will be compensated as set forth in the contract for Phase 1 and will not be compensation under this Agreement. Under no circumstances will Consultant bill for or be paid twice for the same work. It is Consultant’s responsibility to accurately track, clearly distinguish and invoice for services under Phase 2 separate from Phase 1.

Assumption: It is assumed the permit conditions will be identical to those included in the Phase 1 permit. No allowance is included for weather downtime.

Direct Labor Costs
Direct labor charges are made for project-related consulting services performed on behalf of the City. These services may include engineering, technical typing, as in the preparation of reports and project documentation, duplicating, and shipping. Such charges are not made for office management, accounting, general secretarial services, and maintenance, as these are included in Consultant’s overhead.

Effective January 1st, 2026, hourly rates for Coastal Frontiers personnel engaged in the performance of consulting services for the San Clemente Offshore Sand Source Investigation are as follows:

Job Classification Hourly Rate (U.S. $)
Principal Engineer........................................................................... $305.00 Associate Principal Engineer ......................................................... $269.00 Senior Engineer/Senior Scientist .................................................... $243.00 Engineer II/Scientist II.................................................................... $223.00 Engineer I/Scientist I....................................................................... $207.00 Technician....................................................................................... $139.00 Word Processor/Drafter .................................................................. $101.00 278
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Support Services ............................................................................... $91.00 Overtime will be charged at the standard hourly rates. Time spent travelling on behalf of the City also will be charged at the standard hourly rates, with the exception that no more than eight hours of travel will be charged in any one calendar day. When expert witness testimony is provided, time spent under oath, as in the case of depositions and court appearances, will be charged at 1.5 times the standard hourly rates.

These rates are not subject to escalation or adjustment until January 1st, 2027. If Consultant desires to utilize additional personnel whose classifications are not listed above in the performance of a project, their qualifications and hourly rates shall be submitted to the City for prior approval of participation.

Other Direct Costs
Costs relating directly to the performance of a project, other than Direct Labor Costs, will be charged at the billing or cost rate times 1.10. Such costs may include outside services, subconsultants, third-party equipment rentals, duplication, printing and photographic work, third-party computer time, special insurance, travel and transportation, subsistence or room and board, long distance communications, and exceptional postage and must be preapproved in writing by the City in advance.

In-House Equipment Rental
In-house equipment rental charges are made for the use of company-owned equipment dedicated to the performance of the Client’s project. Rates are as shown on the following page.

Invoices
Invoices are submitted monthly and all fees are payable in U.S. Dollars within 30 days of date of invoice. Direct Labor charges will be invoiced by employee, charge rate, and hours worked.

Other Direct Costs will be itemized, and copies of receipts will be furnished. In-House Equipment Rental charges will be invoiced by item, charge rate, and period of use. Late payments are subject to an interest charge of 10% per annum, compounded monthly, on the unpaid balance.
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IN-HOUSE EQUIPMENT RENTAL RATES

ITEM DAILY RATE
DIVING
 Arctic Diving Equipment, per Diver ...................................................................$150  Non-Arctic Diving Equipment, per Diver ...............................................................55  Dry Suit (Without Other Diving Gear)....................................................................50

HYDROGRAPHIC SURVEY
 Odom Hydrotrac Echosounder ................................................................................95  CeeEcho Shallow Water Echosounder..................................................................100  Inflatable Boat and Motor......................................................................................225  Aluminum Boat and Motor....................................................................................500  TSS DMS2-05 Motion Sensor...............................................................................160  SBG Ellipse Inertial Navigation System ...............................................................160  Hemisphere VS-110 GNSS/Heading System........................................................125  Garmin GPSMap 196/78SC GPS ............................................................................40  Castaway CTD.......................................................................................................100  Ruggedized Data Acquisition Computer.................................................................60  Hypack Navigation Software.................................................................................100  Hysweep Multi-Beam Sonar Software ..................................................................100  Hypack-Hysweep Combination Software .............................................................150  Tilt Adapter Multi-Beam Sonar Mount ...................................................................50  Chesapeake SonarWiz Side Scan Sonar Software.................................................150 SURVEY
 GNSS RTK Base/Rover Set ..................................................................................400  GNSS RTK Rover .................................................................................................200  GNSS GSM Network Rover..................................................................................300  GNSS Differential-Only Rover .............................................................................100  GNSS 35W Radio..................................................................................................150  Survey Data Collector .............................................................................................50  Electronic Total Station .........................................................................................150  UAV Mapping System ..........................................................................................750  Mavic Mini UAV...................................................................................................200  Survey Equipment (Automatic Level, Rod, and Tripod).........................................20  Hand-Held VHF Radio............................................................................................15  Satellite Telephone ..................................................................................................20  All-Terrain Vehicle..................................................................................................50  Survival Pack...........................................................................................................50  Switlik Aviation Survival Suit with ACR PLB Beacon .........................................50 280
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ITEM DAILY RATE

MEASUREMENT
 Nexsens X3 Tide Gauge ......................................................................................$100  Petit Ponar Sediment Sampler.................................................................................25  YSI 63-10 Water Quality Meter ..............................................................................60  Hatch TSS Portable Meter.......................................................................................80  RM Young Marine Wind Monitor and Data Collector............................................25

COMPUTING
 Laptop (Field Use)...................................................................................................45 281
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________
________________________________
(“CONSULTANT”)
By: ________________________________________
Greg Hearon, P.E.
________________________________________

CFO/CEO
________________________________________
882ª Patriot Drive
Moorpark, CA 93021

283
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 10C.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Coastal Administrator
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE, A PROFESSIONAL SERVICES AGREEMENT TO COASTAL

FRONTIERS TO CONDUCT THE SHORELINE MONITORING PROGRAM, AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AND FINDING THE PROJECT

EXEMPT FROM THE CALI
..body FORNIA ENVIRONMENTAL QUALITY ACT
Summary:

Coastal Commission grant funding for the Shoreline Monitoring Program concluded in December 2025. In order to continue conducting shoreline surveys each Spring and Fall to document coastal changes, the cost will need to be funded by the City. If adopted, Resolution 26-49 authorizes a new Professional Services Agreement (PSA) with Coastal Frontiers in the amount of $190,913 to enable continuity of the Shoreline Monitoring Program over a three-year period.

Background:

A wide sandy beach functions as a natural buffer from waves and storm energy and amenities and facilities on or landward of the beach. Existing beach widths have narrowed such that existing structures and critical public infrastructure on the beach are exposed to direct wave energy in some locations along the City’s shoreline. The loss of beach has also significantly reduced the area available for public recreation, use and enjoyment.

Building long term coastal resilience in San Clemente is a top local priority of both the City Council and the community at large. Monitoring changes to the beach provides a highly valuable data set that can be used to support all current and future coastal resiliency building efforts in the City.

In November 2022, the City was awarded an LCP Planning Grant from the California Coastal Commission to conduct shoreline monitoring and reestablished a local Shoreline Monitoring Program that had been inactive for approximately 15 years. San Clemente has experienced widespread beach erosion since the early 2000s due to historic, natural sand supplies being cut off and no longer reaching the beach. The City’s shoreline is now in a significant, sediment-deficit condition requiring action and intervention to restore the beach.

Surveys are conducted each Spring and Fall to document coastal changes (i.e., shoreline morphology) in the broader region on longer time scales including seasonal, annual and longterm. The San Clemente Shoreline Monitoring Program was funded from 2022 through the end of 2025 by a grant from the California Coastal Commission. Beginning in 2026, the cost of the program will become the City’s responsibility and the program cost has been included in the 284
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CITY OF SAN CLEMENTE 2
City’s budget as a line-item expenditure. The next surveys in San Clemente are planned for May 2026.

In addition to documenting the condition of the full extent of the City's shoreline, the program results will offer regional and long-term context for site-specific findings and allow planners and engineers to evaluate beach nourishment as the sand moves offshore and onshore, and upcoast and downcoast to adjacent beaches.

The Shoreline Monitoring Program includes beach profile data collection each Spring (May) and Fall (October) along 12 shore-perpendicular beach profile transects located between Doheny State Beach to the north and Cotton's Point near the City's southern terminus. Six of these locations are historical transects utilized in the Coast of California Storm and Tidal Waves Study for the San Diego Region (CCSTWS-SD). Five of the locations were established in October 2001 specifically for the City's Shoreline Monitoring Program. The twelfth transect was established at North Beach to monitor the movement of opportunistic beach sand material placed in May 2005 and November 2017.

Discussion:

Continuing the City’s Shoreline Monitoring Program supports continued investment in essential tools that will enable the City to build long term coastal resiliency. The methodology used in the Program provides a high-resolution data set and is considered the “gold standard” in shoreline monitoring since it measures from the back of the beach out to the depth of closure.

The methodology used by the City is also utilized by both SANDAG, in San Diego County, and by the Los Angeles County Department of Beaches and Harbors. The data set reveals the maximum and minimum width of the beaches each year and is an important tool to show the performance of the City’s planned beach restoration projects. As an example, the program is in place in the City of Solana Beach and the data shows that over 25 years of sustained beach replenishment efforts, the shoreline in that City has increased in width by 300 feet.

In 2025, the Orange County Transportation Authority (OCTA) added an additional seven transects to the monitoring effort in the City so that they could monitor areas of the shoreline near their identified Reinforcement Areas 1, 2 and 4. The participation of this agency in the overall shoreline monitoring program reduces the relative program cost to the City since the mobilization and reporting efforts are now shared between the City and OCTA reducing the average pertransect cost. Expanding the monitoring program to include seven new transects is good for the City and the greater region. Other local, regional and State agencies and private entities, have also been invited by City staff to join the program, at their cost, creating more overall cost efficiencies as well as an even more robust and valuable coastal planning data set.

The information collected by the City under this Program will continue to be published on the City website on the “Coastal Planning” webpage and presented annually to the City Council in the “State of the Beach” presentation. The data is also shared, at no cost, with staff in adjacent jurisdictions including the City of Dana Point, State Parks, Marine Corps Base Camp Pendleton, OCTA, Caltrans, the County of Orange, UCI, the Coastal Commission and any other entities working on local and/or regional coastal resiliency plans and projects. 285
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CITY OF SAN CLEMENTE 3
The City's Shoreline Monitoring Program complements, but does not replace, the site-specific video-based surf and wave monitoring implemented beginning in 2018 in support of the 50-year USACE coastal storm damage reduction project in San Clemente. Other monitoring data sets exist such as CoastSat (USGS) but the resolution is not high enough to serve as a reliable data set for project planning purposes.

City Purchasing Policy 201-2-1 Section XI.A.1.2 permits the City Council to authorize an exemption to the formal solicitation process when the Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City. In this case, Coastal Frontiers has demonstrated exemplary performance and expertise in similar engagements, with a project team that is well aligned with project goals. Utilizing Coastal Frontiers for ongoing shoreline monitoring will maintain process and data continuity with the previous phase of the project, as well as consistency with the additional seven transects that are being monitored by OCTA. For these reasons, it is in the City’s best interest to award the contract for ongoing shoreline monitoring to Coastal Frontiers and a formal solicitation process would be inefficient.

Council Options:
 Adopt Resolution No. 26-49.
 Modify and adopt resolution No. 26-49.
 Direct staff to provide additional information.

Environmental Review/Analysis:

The Shoreline Monitoring Program is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection, 14 CCR 15306).

Fiscal Impact:

The total cost of conducting the shoreline monitoring program over a three-year period is $190,913, assuming that OCTA participates in partially funding the efforts in the amount of $8,605. Funding for the first-year project cost of $61,766 is included in the FY2025-26 Adopted Budget in account number 001-636-45300-000-19907 and will be funded in future years through the annual budget process. The City may also receive work-in-kind credits for the USACE program which will partially offset the cost of the program.

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends the City Council consider adoption of Resolution No. 26-49, which will:

1. Find the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection, 14 CCR 15306); 286
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CITY OF SAN CLEMENTE 4

2. Award, and Authorize the City Manager to execute, a Professional Services Agreement (PSA) with Coastal Frontiers in an amount not to exceed $190,913 over a three-year period to continue the Shoreline Monitoring Program;

3. Authorize the City Manager to negotiate and execute an amendment to the Professional Services Agreement with Coastal Frontiers Corporation for the Shoreline Monitoring Program to adjust the pricing for the survey tasks in a cumulative sum not to exceed $8,605 in the event that OCTA does not participate in funding some or all of the six surveys; and

4. Approve an exemption to the formal solicitation process in accordance with City Purchasing Policy 201-2-1 Section XI.A.1.2.
..end
Attachment:

1. Resolution 26-49

2. Professional Services Agreement with Coastal Frontiers Notification:

None.
287
Attachment 1
RESOLUTION NO. 26-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA AWARDING, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE, A

PROFESSIONAL SERVICES AGREEMENT WITH

COASTAL FRONTIERS CORPORATION TO CONDUCT

THE SHORELINE MONITORING PROGRAM,

AUTHORIZING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS IN ACCORDANCE WITH CITY
PURCHASING POLICY 201-2-1 SECTION XI.A.1.2, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES SECTION
15306 (INFORMATION COLLECTION, 14 CCR 15306)
..body
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures including the rail line and other critical public infrastructure; and
WHEREAS, the City has begun actively implementing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach shoreline in the City; and WHEREAS, based on conditions on City beaches where there is no dry sand at high tide, and public beaches, existing structures and critical public infrastructure is exposed to direct wave attack, runup, overtopping and undermining; and WHEREAS, in 2022, the City was awarded a grant from the Coastal Commission to conduct three years of shoreline monitoring at 12 locations from San Mateo Point to San Juan Creek effectively restarting a historic program that had been inactive for 15 years; and
WHEREAS, the Orange County Transportation Authority (OCTA) added seven new transects to the program in 2025 at their cost making the program even more cost effective for the City and making the program even more robust; and WHEREAS, the City retained a team of coastal experts led by Coastal Frontiers Corporation to conduct the shoreline monitoring program in 2022 through 2025 and the Coastal Commission grant performance for that work period has now ended; and WHEREAS, the shoreline monitoring program provides a valuable source of information for coastal project planning purposes as well as project performance evaluations and supports a greater understanding of sediment transport trends in the Capistrano Bight; and
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WHEREAS, the City desires to continue the shoreline monitoring program as the data that is generated is useful for coastal planning purposes as well as for monitoring the performance of beach sand replenishment projects and better understanding of shoreline changes; and
WHEREAS, City Purchasing Policy 201-2-1, Section XI.A.1.2 permits the City Council to authorize an exemption to the formal solicitation process when the City Council determines that compliance with the formal process would be inefficient, impractical, or not in the best interest of the City; and
WHEREAS, Coastal Frontiers Corporation has demonstrated exemplary performance and expertise in similar engagements, with a project team that is well aligned with project goals, and utilizing Coastal Frontiers for ongoing shoreline monitoring will maintain process and data continuity with the previous phase of the project, as well as consistency with the additional seven transects that are being monitored by OCTA.

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

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

SECTION 2. Based on a review of the record as a whole, this action is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15306 (Information Collection, 14 CCR 15306) because it consists of gathering information regarding and monitoring the shoreline.

SECTION 3. An exemption to the formal solicitation process under City Policy 201- 2-1, Section XI.A.1.2 is hereby authorized and approved because it is in the City’s best interest to award the contract for ongoing shoreline monitoring to Coastal Frontiers Corporation and a formal solicitation process would be inefficient.

SECTION 3. A Professional Consultant Services Agreement is hereby awarded to Coastal Frontiers Corporation for the Shoreline Monitoring Program in an amount not to exceed $190,913 over a three-year term.

SECTION 4. The City Manager is authorized and directed to execute a Professional Services Agreement with Coastal Frontiers Corporation for the Shoreline Monitoring Program in a form substantially similar to that presented to the City Council on March 17, 2026.

SECTION 5. The City Manager is authorized and directed to negotiate and execute an amendment to the Professional Services Agreement with Coastal Frontiers Corporation for the Shoreline Monitoring Program to adjust the pricing for the survey tasks 289
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in a cumulative sum not to exceed $8,605 in the event that OCTA does not participate in funding some or all of the six surveys.

SECTION 6. The City Manager or his designee are authorized and directed to take such actions as are necessary and proper to fulfill the purpose and intent of this Resolution and/or proceed with the Program.

SECTION 7. 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 March, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-49 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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Attachment 2
4900-4175-6308 v4

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 17th day of March, 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 Coastal Frontiers Corporation, a California corporation, with its principal place of business at 882 A Patriot Drive, Moorpark California, 93021 (“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 shoreline monitoring 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 shoreline monitoring 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 continued shoreline monitoring efforts that will further the City’s objective and build a sustainable database of key beach changes, evaluation of natural events, human intervention, including beach sand replenishment projects of which there have been three in San Clemente since the shoreline monitoring program was restarted in 2022. ("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 shoreline monitoring 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 291
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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.

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.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 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: Greg Hearon, Principal CEO/CFO, Craig B. Leidersdorf, VP.

3.2.7 City's Representative. The City hereby designates Andy Hall, City Manager 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 Greg Hearon, P.E., CEO/CFO or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 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 represents 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 293
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from the Project by the Consultant and shall not be re-employed to perform any of the Services 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 for all Services rendered under this Agreement in accordance with the payment milestones set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Ninety Thousand Nine Hundred Thirteen Dollars ($190,913.00) without prior written approval of the City Council or City Manager as applicable. Extra Work may be authorized in writing in advance as documented in an amendment to this Agreement or a separate agreement signed by both Parties.

3.3.2 Payment of Compensation. Consultant shall submit to City an invoice at the completion of each payment milestone indicated in Exhibit D which indicates work completed and 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. 294
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 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 prior 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.
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3.5 General Provisions.

3.5.1 Termination of Agreement.

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: Coastal Frontiers Corp.
882ª Patriot Drive
Moorpark, CA 93021
ATTN: Greg Hearon, P.E., CFO/CEO
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Leslea
Meyerhoff, Contract Coastal Administrator
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 296
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any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and represents that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 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 approval), 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, 297
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subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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. 298
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third-party 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 represents 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 represents 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 representation, 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 represents 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 299
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provisions stipulated in this Agreement.

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
Coastal Frontiers Corp., a California
corporation (“CONSULTANT”)
By:_____________________________
Gregory E. Hearon, CEO/CFO
Dated: ___________________
By:_____________________________
Craig B. Leidersdorf, VP
Dated: ___________________
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EXHIBIT "A"
Scope of Work
Consultant will conduct a survey program, during which the primary objective will be to acquire beach profile data along 12 shore-perpendicular beach profile transects located between Doheny State Beach and Cotton’s Point. Six of these locations are historical transects utilized in the Coast of California Storm and Tidal Waves Study for the San Diego Region (CCSTWSSD), while five of the locations were established in October 2001 specifically for the City’s monitoring program. The twelfth transect was established at North Beach to monitor the fate of nourishment material placed at the site in May 2005. The transects utilized for the monitoring program are listed in Table 1 and shown in Figure 1.

Beach profile data will be obtained each Spring and Fall from 2026 to 2028 (three years). In keeping with past precedent, to the extent possible the Spring surveys will be conducted in May, while the Fall surveys will be conducted in October. The beach profile surveys will be performed in a manner similar to that employed for sand monitoring programs currently being performed by Consultant in San Diego County on behalf of SANDAG and the cities of Carlsbad, Encinitas, and Solana Beach. Similar ongoing programs are conducted by Consultant in Newport Beach, Northern LA County, and Goleta Beach. These methods have been developed and refined over our 35-year history of conducting nearshore survey operations, and have proven to be safe, accurate, and cost effective. The results will be directly comparable with prior San Clemente beach profile data. Details are provided in the following sections.

Table 1. San Clemente Area Beach Profile Transects
Site # Transect Designation Location Origin
1 DB-1850 North Doheny State Beach Historical (CCSTWS)
2 DB-1805 South Doheny State Beach Historical (CCSTWS)
3 SC-1720 Shorecliffs Historical (CCSTWS)
4 SC-1705 Capistrano Trailer Court Established Oct. 2001 5 SC-1702 North Beach Established May 2005
6 SC-1700 North Beach Established Oct. 2001
7 SC-1695 Dije Court Established Oct. 2001
8 SC-1680 Linda Lane Historical (CCSTWS)
9 SC-1660 T-Street Historical (CCSTWS)
10 SC-1645 Lost Winds Established Oct. 2001
11 SC-1623 San Clemente State Beach Historical (CCSTWS) 12 SC-1605 Cottons Point Established Oct. 2001
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Figure 1. Transect Location Map
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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 and shall meet all other required deadlines:

The work will consist of the nine primary tasks described below:
 Task 1 – Spring 2026 Beach Profile Survey (no reporting)  Task 2 – Fall 2026 Beach Profile Survey and Reporting  Task 3 – Annual Presentation of Findings to City (2026)  Task 4 – Spring 2027 Beach Profile Survey (no reporting)  Task 5 – Fall 2027 Beach Profile Survey and Reporting  Task 6 – Annual Presentation of Findings to City (2027)  Task 7 – Spring 2028 Beach Profile Survey (no reporting)  Task 8 – Fall 2028 Beach Profile Survey and Reporting  Task 9 – Annual Presentation of Findings to City (2028) Task 1 – Spring 2026 Beach Profile Survey (no reporting) Beach profile data will be obtained along 12 shore-perpendicular beach profile transects located between Doheny State Beach and Cotton’s Point. The proposed survey methods are similar to those employed on the previous survey programs conducted for the City. In consequence, the results will be directly comparable.

Data from the wading portion of each profile shall be obtained using an electronic total station, while that from the offshore portion shall be obtained using differential GPS (DGPS) in concert with an acoustic echo sounder. The soundings will be adjusted to MLLW datum utilizing tide measurements collected by the U.S. Department of Commerce, NOAA, at La Jolla. The water levels recorded in La Jolla will be adjusted to the San Clemente site using the time and height differences published by NOAA. The surveys shall be conducted in accordance with the standards described in the US Army Corps of Engineers Engineering Manual for Hydrographic Surveying (EM 1110-2-1003).

The data acquired along each transect will form a continuous profile from the back beach to the offshore terminus of the transect. The offshore terminus will be the 45-ft isobath (MLLW Datum), or at a distance of 6,000 ft offshore of the monument (whichever is first reached when proceeding offshore).

No reporting will be conducted as part of the Spring 2026 survey. The results of the Spring 2026 survey will be discussed in the Fall 2026 report. Data deliverables will include ASCII files of: (1) range and elevation pairs for each profile, and (2) easting, northing, and elevation triplets (x,y,z) for the entire survey. In the case of the geo-referenced data, the horizontal positions will be provided in U.S. Survey Feet relative to California State Plane Zone 6, NAD 83 (2011) 2010.00 epoch. As indicated previously, the vertical datum will be NOS MLLW, with units expressed in feet.

Task 2 – Fall 2026 Beach Profile Survey and Reporting
Beach profile data will be obtained along the same 12 shore-perpendicular beach profile transects 303
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utilized for the Spring 2026 survey using identical methods and protocols.

A concise report will be prepared which documents the survey methods and results. The survey data will be submitted in both tabular and graphical form for each surveyed transect. The graphical plots will include selected historical data, where applicable. In addition, the report will include general observations supported by figures and summary tabulations, based on the profile plots, and Mean High Water beach widths. The reports will be comparable to those prepared as part of the current program, but will include data collected in the study area at seven newly-established sites sponsored by the Orange County Transportation Authority (OCTA).

Task 3 – Annual Presentation of Findings to City
Prepare annual presentation to the City’s Beaches, Parks and Recreation Commission, Planning Commission and/or City Council as directed by City Staff. The presentations will summarize the monitoring program and present salient findings.

Task 4 – Spring 2027 Beach Profile Survey (no reporting) Identical to Task 1.

Task 5 – Fall 2027 Beach Profile and Reporting
Identical to Task 2.

Task 6 – Annual Presentation of Findings to City
Identical to Task 3.

Task 7 – Spring 2028 Beach Profile Survey (no reporting) Identical to Task 1.

Task 8 – Fall 2028 Beach Profile and Reporting
Identical to Task 2.

Task 9 – Annual Presentation of Findings to City
Identical to Task 3.

Deliverables: The survey methods and results will be provided in a concise report following each Fall survey. The survey data will be submitted in both tabular and graphical form for each surveyed profile. The graphical plots will include selected historical data where available. All reports and data products will be transmitted digitally by email.
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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 non-owned and hired autos, 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.

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:
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(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.
(B) Automobile Liability:

3.2.12.4 Professional Liability (Errors & Omissions):
(A) 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:

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 306
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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.

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.

3.2.12.15 3.2.12.15 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. 307
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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 and based on the schedule below. 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.

Consultant will conduct Tasks 1 through 9 of the above Scope of Work for a cost of $190,913 according to the detailed cost per task and Lump-Sum Payment Milestones listed below. This fee reflects cost sharing with OCTA for the field data acquisition tasks and is only valid if OCTA funds their portion of the effort. If OCTA does not participate in funding some or all of the six surveys, the City Manager and Consultant will negotiate in good faith and execute an amendment to the contract to adjust the pricing for the survey tasks in a cumulative sum not to exceed $8,605.

Assumption: In developing the cost estimate, it was assumed that the survey crew will be able to access the beach with an ATV. It also is assumed that a railroad flag-person will not be required – This assumption was verified in December 2017 by engaging SCRRA to confirm that beach profile surveys would not require special access even though portions of several transects are located within the railroad right-of-way.

LUMP-SUM PAYMENT MILESTONES 2026-2028 BEACH MONITORING PROGRAM 2026
Task 1a. Spring 2026 Survey - Field Operations $19,724
Task 1b. Spring 2026 Survey - Data Reduction $5,544
Task 2a. Fall 2026 Survey- Field Operations $19,724
Task 2b. Fall 2026 - Data Reduction and Reporting $8,976 Task 3. Annual Presentation $7,798
TOTAL $61,766
2027
Task 4a. Spring 2027 Survey - Field Operations $20,316
Task 4b. Spring 2027 Survey - Data Reduction $5,710
Task 5a. Fall 2027 Survey- Field Operations $20,316
Task 5b. Fall 2027 - Data Reduction and Reporting $9,245 Task 6. Annual Presentation $8,032
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TOTAL $63,619
2028
Task 7a. Spring 2028 Survey - Field Operations $20,925
Task 7b. Spring 2028 Survey - Data Reduction $5,882
Task 8a. Fall 2028 Survey- Field Operations $20,925
Task 8b. Fall 2028 - Data Reduction and Reporting $9,523 Task 9. Annual Presentation $8,273
TOTAL $65,528
Total Program Cost 2026 - 2028 $190,913
Maximum compensation under this Agreement shall not exceed $190,913.00 309
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________
________________________________
(“CONSULTANT”)
By: ________________________________________
Greg Hearon, P.E.
________________________________________

CFO/CEO
________________________________________
882ª Patriot Drive
Moorpark, CA 93021

311
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 10D.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, AICP, Contract Coastal Administrator Subject:
..titl e
GRANT ..body APPLICATIONS FOR COASTAL PROJECTS
Fiscal Impact:

The City Council is being asked to consider the submission of two grants from the State of California, Department of Parks and Recreation, Division of Boating and Waterways (DBW). If the City successfully obtains the grant funding, there will be a matching fund requirement for each grant.

Grant 1 – Application for $1,546,150 in funding to initiate the pre-construction, engineering, and design (PED) for phase of Stage 2 of the USACE beach sand project. This grant requires a 15% local cost share match (about $232,000).

Grant 2 – Application for $2,600,000 in funding to initiate the design, engineering, and technical studies including numerical and physical modeling for a nature-based sand retention project. It has yet to be determined which grant program would be most appropriate for the grant submission. One of the programs requires a 15% local match and the other program requires a 50% local match. Therefore, if awarded, the local match for the nature-based sand retention project ranges between $390,000 (15% local match) and $1,300,000 (50% local match) depending on which program DWB determines is appropriate.

Summary:

The City Council has the opportunity to consider the submission of two grant applications. The granting source for both grants is the State of California, Department of Parks and Recreation, Division of Boating and Waterways (DBW). If submitted and approved, potential projects include (1) initiation of the pre-construction, engineering and design (PED) phase of Stage 2 of the U.S.

Army Corps of Engineers (USACE) beach sand Project and (2) conduct design, engineering and technical studies for a pilot sand retention project.

Background:

The sand portion of the San Clemente coastline is a valuable coastal resource that provides a multitude of public benefits. A wide sandy beach is natural infrastructure that, like parks, sewers and roads, requires regular maintenance and investment. The beach is valued for public enjoyment for residents and visitors, for community well-being and quality of life. More importantly, a healthy beach provides essential protection of infrastructure and existing structures from current coastal erosion.
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CITY OF SAN CLEMENTE 2
Building on the City’s 2021 Coastal Resiliency Plan and 2024 Coastal Strategic Plan, City staff are currently working on a wide variety of projects intended to build long term coastal resiliency along the San Clemente shoreline. There is currently only a limited source of dedicated funding for coastal projects in San Clemente. This makes seeking alternative funding, such as grants, a critical task to advance any coastal projects.

Discussion:

In 2022, the City Council reaffirmed that the development of additional coastal resiliency projects that can deliver and retain sand on the City’s beaches remains a top near-term and long-term City priority. Current coastal engineering estimates indicate the City needs to add millions of cubic yards of sand to widen its beaches over time to create a healthy beach environment.

To date, the primary and largest beach nourishment project in the history of the City is the U.S.

Army Corps of Engineers (USACE) Project. Stage 1 of the project has been completed with the placement of 200,000 cubic yards of sand between T Street and Linda Lane. The project is planned to add about 2 million cubic yards of sand on the beach over a 50-year period through similar placement every 5-6 years.

Due to the long lead times associated with obtaining grant funding, and the inherent competitive nature of the grant process, City staff seeks to submit a grant application to the DBW requesting $1,546,150 in funding to initiate the PED phase of Stage 2 of the USACE beach sand project.

This grant requires a 15% local cost share match (about $232,000). If the City application is successful, funding would be available in Fall 2027. It should be noted that the City will be responsible for 50% of the cost of Stage 2 sand placement and the City share is estimated to be between $10-15 million. The price will vary greatly based on whether a sand source can be identified closer to the City of San Clemente than the current lease at Surf-Side Sunset in northern Orange County.

If selected, the second grant would fund the next phase of the City’s nature-based sand retention pilot project. The first phase was a three-year effort initiated in 2022 and concluded in 2025, and was fully funded by the Coastal Commission. To continue the project, staff is seeking funding to include design, engineering, and technical studies including numerical and physical modeling.

Sand retention is recommended by coastal engineers as a companion strategy to bolster the performance and efficacy of beach sand replenishment projects to build long-term resiliency. The City has applied for $2,600,000 in grant funding and the grant requires a local cost share of either 15% or 50% depending on the program determined to be most appropriate by the DWB.

Therefore, the local cost share would range between $390,000 and $1,300,000. If the City is successful, funding would be available in Fall 2027 at the earliest. If these grants are awarded, staff will return to the City Council for approval of the grant agreements.

Considerations Identified by Staff
Beach nourishment has been the identified by the City Council as a very high, if not the highest priority of the City. However, adequate funding to continue the USACE project and the naturebased sand retention project has not been secured. Although grant funding is very attractive, both of the grants require a percentage of the funding to be provided through a local cost sharing program.
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CITY OF SAN CLEMENTE 3
Staff would suggest the continuation of the USACE project is a higher priority because it will result in actual sand being placed on the beach. With limited resources, continuation of a very costly nature-based solution needs to be carefully considered. Current estimates anticipate the preferred option will cost more than $80 million with no current funding source identified. Unless realistic funding options can be secured, additional expenditures on the project may be premature.

Council Options:
 Adopt Resolution No. 26-49 to initiate the pre-construction, engineering and design of Stage 2 of the USACE sand nourishment project.
 Adopt Resolution No. 26-50 to initiate Phase 2 of the nature-based sand retention project.  Adopt both Resolution No. 26-49 and No. 26-50 that would initiate the pre-construction, engineering and design of the USACE project and initiate Phase 2 of the nature-based sand retention project.
 Continue the item and request additional information from staff.  Direct staff to refrain from applying for either grant.  Provide Alternative Direction to Staff.

Environmental Review/Analysis:

The submittal of a grant applications is not a project pursuant to the 2026 California Environmental Quality Act (CEQA) Guidelines Section 15378.

Recommended Actions:

The submission of the identified grant applications requires adoption of a Resolution by the City Council. Two resolutions have been prepared for consideration by the City Council. ..recommendati on Staff Recommends that the City Council consider the ramifications of the grant applications and move to adopt the appropriate resolution(s):

1. Adopt Resolution NO. 26-49 titled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS

UNDER THE CALIFORNIA STATE PARKS DIVISION OF BOATING AND WATERWAYS

SHORELINE EROSION CONTROL PROGRAM FOR THE SECOND PHASE OF THE NATURE BASED ADAPTATION PROJECT.”

2. Adopt Resolution NO. 26-50 titled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS

UNDER THE CALIFORNIA STATE PARKS DIVISION OF BOATING AND WATERWAYS

PUBLIC BEACH RESTORATION PROGRAM FOR THE PED PHASE OF STAGE TWO OF U.S. ARMY CORPS OF ENGINEERS BEACH SAND REPLENISHMENT PROGRAM.” ..end
Attachment:
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CITY OF SAN CLEMENTE 4

1. Resolution 26-49

2. Resolution 26-50
Notification:

None.
315
Attachment 1
RESOLUTION NO. 26-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

APPLICATION FOR GRANT FUNDS UNDER THE

CALIFORNIA STATE PARKS DIVISION OF BOATING AND

WATERWAYS SHORELINE EROSION CONTROL

PROGRAM FOR THE SECOND PHASE OF THE NATURE

BASED ADAPTATION PROJECT
WHEREAS, the mission of the California State Parks Division of Boating and Waterways’ Shoreline Erosion Control Program is to preserve and protect the California coastline by restoring and maintaining natural and recreational resources and minimizing damages by natural or man-made induced beach erosion; and WHEREAS, the City of San Clemente has suffered severe beach sand loss in recent years, which has resulted in the loss of recreational beach, damages to and destruction of beachfront facilities and increased risk to beach patrons due to the exposure of underlying hard structures; and
WHEREAS, in 2025 the City of San Clemente completed the first phase of a multiyear effort to develop a multi-purpose, nature-based, sand retention pilot project using grant funds obtained from the California Coastal Commission in 2022; and WHEREAS, sand retention is a companion strategy to the City’s primary costal protection strategy of implementing a comprehensive and long-term beach sand replenishment program; and
WHEREAS, the recommendation in the 2025 final Nature Based Adaptation Project report was to pursue additional design, engineering, technical studies, environmental review and permitting for a potential future project at North Beach; and WHEREAS, the estimated cost of the next phase is $2,600,000, which would include a local cost share of between 15% and 50% depending on the program DWB determines is most appropriate for the proposed grant with the City as the local sponsor and DBW as the State funding partner; and
WHEREAS, the City has traditionally sought grant funds from State Parks, Division of Boating and Ways under the Public Beach Restoration Act Program which provides up to 50% under the Shoreline Erosion Control Program for coastal projects involving physical structures; and
WHEREAS, the City of San Clemente wishes to submit an application to the State Parks, Division of Boating and Waterways for funding to initiate the second phase of the Nature Based Sand Retention Pilot Project in 2027 through 2030.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
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Resolution No. 26-49 Page 2
SECTION 1. The City Council approves the filing of a grant application requesting funding for the next phase of the Nature Based Sand Retention Pilot Project, under and pursuant to the terms and provisions of the State Parks, Division of Boating and Waterways’ Shoreline Erosion Control Program, including the commitment to a 50% local match.

SECTION 2. The City Manager, or his designee, is authorized to act as the representative of the City of San Clemente and to sign and submit the grant funding application and provide a copy of this signed resolution to State Parks prior to April 15, 2026.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ______ day of March, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
317
Resolution No. 26-49 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-49 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of March 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 March, 2026. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
318
Attachment 2
RESOLUTION NO. 26-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

APPLICATION FOR GRANT FUNDS UNDER THE

CALIFORNIA STATE PARKS DIVISION OF BOATING AND

WATERWAYS PUBLIC BEACH RESTORATION PROGRAM
FOR THE PED PHASE OF STAGE TWO OF U.S. ARMY

CORPS OF ENGINEERS BEACH SAND REPLENISHMENT

PROGRAM
WHEREAS, the mission of the California State Parks Division of Boating and Waterways’ Public Beach Restoration Program is to preserve and protect the California coastline by restoring and maintaining natural and recreational resources and minimizing damages by natural or man-made induced beach erosion; and WHEREAS, the City of San Clemente has suffered severe beach sand loss in recent years, which has resulted in the loss of recreational beach, damages to or destruction of beachfront facilities and increased risk to beach patrons due to the exposure of underlying hard structures; and
WHEREAS, the U.S. Army Corps of Engineers completed the first stage of an eight stage, 50-year federal beach sand replenishment project which has received full congressional authorization on a portion of the City’s beach; and WHEREAS, the estimated cost of the Pre-Construction Engineering and Design (PED) phase for the next renourishment cycle (i.e., Stage 2) is estimated at $3,092,300 which is cost shared 50-50 between the federal government and the City as the non-federal sponsor making the City of San Clemente’s local cost sharing contribution $1,546,150; and WHEREAS, the City has traditionally sought grant funds from State Parks, Division of Boating and Ways under the Public Beach Restoration Act Program which provides up to 85% of the non-federal cost to help fund the U.S. Army Corps of Engineers sand replenishment project; and
WHEREAS, the City of San Clemente wishes to submit an application to the State Parks, Division of Boating and Waterways for funding to initiate the PED phase of the Stage 2 future renourishment event tentatively planned for construction in 2029-2030.

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

SECTION 1. The City Council approves the filing of a grant application requesting funding for the PED phase of Stage 2 of the U.S. Army Corps of Engineers' Beach Sand Replenishment Project, under and pursuant to the terms and provisions of the State Parks, Division of Boating and Waterways’ Public Beach Restoration Program, including the commitment to a 15% local cost share.
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Resolution No. 26-50 Page 2
SECTION 2. The City Manager, or his designee, is authorized to act as the representative of the City of San Clemente and to sign and submit the grant funding application.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ______ day of March, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-50 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of March 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 March, 2026 __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
320
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 10E.

Submitted By: Community Development
Prepared By: Christopher Wright, Senior Planner
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO APPROVE THE 2025 GENERAL PLAN ANNUAL PROGRESS ..body REPORT
Summary:

California State law requires cities to provide an annual progress report on the implementation of the adopted General Plan. The report must be presented to the City Council for its review and acceptance and then submitted to the State. Adoption of Resolution No. 26-51 (Attachment 1) will approve the 2025 General Plan Annual Progress Report (2025 APR, Attachment 2) and direct staff to submit a copy to the State to satisfy statutory requirements.

Background:

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

Discussion:

The 2025 APR (Attachment 2) describes measurable actions taken in 2025 to implement the General Plan according to City Council priorities. The APR is organized in four sections: 1) Introduction, 2) General Plan Status and Amendments, 3) Strategic Implementation Program, and 4) Housing Activity and Programs. Appendix A includes HCD forms for Housing Element 2025 reporting. Below is a 2025 summary of General Plan policy accomplishments and overview of housing construction.
2025 Department Accomplishments
Beaches, Parks, and Recreation
Policy, Fiscal Sustainability & Partnerships
 Adopted the Cost of Services Recovery Study, establishing a consistent, data-driven framework for setting recreation, facility, and service fees aligned with City policy objectives.  Implemented an updated golf fee structure improving cost recovery, operational sustainability, and alignment with market conditions while maintaining public access to the municipal golf course.
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CITY OF SAN CLEMENTE 2
 Updated and adopted partnership policies, providing clearer criteria and equity-based standards for City partnerships, subsidies, and use of public facilities.  Updated and implemented the CARE (Celebrate, Acknowledge, Remember, Enhance) Program policy, strengthening transparency and consistency for fee assistance, donations, and community-supported access to recreation programs.

Programs & Community Services
 Delivered inclusive recreation programming for all ages, serving 1,128 participants across early childhood, youth, teens, adults, and active seniors.  Provided 10 weeks of weekday summer camp programming serving 481 youth, supporting working families.
 Expanded youth enrichment through Playschool, theater, golf, volleyball, and teen social programs.
 Served 154 active adults (55+) through walking clubs, leagues, and social recreation.

Sports & Athletics
 Operated multiple seasons of adult softball and soccer and youth flag football, serving over 2,200 participants.
 Processed 142 sports field applications and issued 491 field rental permits.  Supported weekend concessions at Steed Park, selling 49,662 items during league play.

Community Events
 Produced 22 major community events, generating an estimated 1.2 million impressions, including signature events such as Summer Concerts, Monster Dash, Día de los Muertos, and holiday programming.
 Delivered large-scale activations such as Stars, Stripes & Slip ’n Slides, covering over 2.1 million square feet of slide distance with participation.

Aquatics
 Conducted 94 Learn-to-Swim classes, serving 750 students, including the launch of the adaptive Sensory Sharks program.
 Operated 98 water aerobics classes with 2,970 enrollments.

Hosted 7 aquatic special events with over 900 attendees, including the Doggie Dive.  Coordinated 3 swim meets serving 2,600 competitors.
 Delivered 3 Lifeguard Academies and 1 readiness course, resulting in the hiring of 30 new lifeguards.

Permits, Facilities & Customer Service
 Processed 1,139 total permits, including special events, park and facility rentals, filming, banners, and beach cleanups.
 Managed 941 park rental permits and 91 facility rentals across City venues.  Oversaw 1,271 contract classes serving 8,378 participants with 52 instructors.  Managed the setup and logistics for 545 classes and 91 rentals across aquatic, community, and beach facilities.
 Recorded 44,650 admissions and membership entries at the Aquatics Center and Ole Hanson Beach Club.
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CITY OF SAN CLEMENTE 3
City Manager
 In late 2025 and early 2026, a new website for the City was activated. The new platform is an improved experience for users that is easier to navigate, has updated information, is compliant with the Americans with Disabilities Act (ADA), and will improve access to the General Plan in every aspect.
 The City has been approved for a Sand Compatibility and Opportunistic Use Program (SCOUP) that will allow the placement of up to 300,000 cubic yards of sand to be placed on City beaches. The SCOUP streamlines the approval process and allows the City to take advantage of placing quantities of unanticipated sources of beach quality sand in specified areas.
 It is anticipated that staffing, project funding, and related costs associated with General Plan implementation will remain in place in the preparation of the new two-year budget that will be passed in June of 2026.
 Emergency management has become an area of emphasis for the City as potential fire hazards and coastal erosion increase on an annual basis. The management team is supportive of an expansion of preparedness activities to reduce the potential of fire and coastal erosion in the City.

Community Development
 The City updated the Emergency Shelter Overlay (ESO) development standards, evaluated additional areas in the City for inclusion in the ESO and amended the overlay to ensure it consists of up to five to ten acres that is suitable for development with access to transportation and services.
 The City worked with the U.S. Postal Service to explore opportunities to re-design the post office located on Avenida Pico, or relocate to a more appropriate location, to provide opportunities for improved circulation and new development opportunities with a master plan for the Pico Plaza area.
 The City updated the municipal code to encourage the private development of alternative energy infrastructure where appropriate.
 The City initiated updates to the Zoning Ordinance to allow for additional streamlining opportunities via a three part batch amendment. Part 1 provides more opportunities to streamline the permitting process, while parts 2 and 3 amend sections of the code that require clarification.
 The City Council adopted, and the Federal Emergency Management Agency (FEMA) subsequently approved, the first comprehensive update to the City’s Local Hazard Mitigation Plan (LHMP) in over 20 years. Maintaining a current LHMP ensures the City is adequately informed of, and thoroughly analyses, a variety of hazards that have the potential to affect the City, as well as ensuring the City is able to apply for disaster reimbursement funding for certain disaster-related events.
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CITY OF SAN CLEMENTE 4
 The Planning Commission reviewed and the City Council adopted a resolution adding policy language to the Safety, Coastal, and Natural Resources Elements of the San Clemente General Plan. This satisfied state requirements for general plan updates pursuant to SB 1425, SB 1035, and AB 747. The referenced laws are part of a series of California legislation targeting safety, open space, and the environment. Adopting this resolution will incorporate new policy language and mapping to the Safety element, as well as the Local Hazard Mitigation Plan (LHMP), mitigating hazards associated with wildfire and improving the City’s emergency preparedness. The changes add new policy language in the Natural Resources and Coastal Elements promoting resilience, rewilding, and access to the City’s open space.

These updates serve as a testament to the Planning division’s continued efforts to maintain a Centennial General Plan that aligns with State legislation and better meets the City’s core objectives.

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

Public Works
 Completed Orange County Sheriff’s Department Gates and Fencing.  Completed City Hall Generator Installation.
 Completed Base of Pier Restroom.
 Completed Ave Del Mar Tile Murals Installation.
 Completed Traffic Signal Conversions.
 Completed Comm Center Shuffleboard Remodeling.
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CITY OF SAN CLEMENTE 5
 Completed Splitter Box Repairs.
 Completed Golf Course Pump Station Upgrade.
 Completed Camino Capistrano Crosswalk Improvements.
 Completed Digester Flare Replacement.
 Completed Recycled Water Expansion Study.
 Completed Pier Understory Bird Deterrent.
 Completed Digester No.2 Cleaning, Residual Disposal & Insp.  Completed Recycled Water Storage Bay Rehabilitation.
 Completed Reservoir No. 4 Exterior Coating.
 Completed Sodium Hypochlorite Tank Replacement.
 Completed Pier Timber Pile Inspection.
 Completed Pier Steel Piles Cathodic Protection Improvements.  Completed Trash Drain Capture Devices Phases 1-3.
 Completed AC As-Needed Pavement (Contractor LC).
 Completed Califia PS Flowmeter & Valve Replacement.
 Completed Reservoir 10 & 5A Chemical Line Replacement.  Completed Old City Hall Rem Park Lot Slope Temp Grading.  Completed Villas by the Sea Upper Sinkhole.
 Completed Frontera Lift Station Slope Repairs (Design).  Completed WRP Butler Building Slope Evaluation.
 Completed Local Hazard Mitigation Plan (FY25).
 Completed Sidewalk Repair & Improvement Program.

Status of State Regional Housing Needs Allocation
Updated to reflect 2025 housing development, the status of the City’s Regional Housing Needs Allocation (RHNA) is summarized below. for the Housing Element Cycle (10/15/2021 to 10/15/2029). The RHNA information is further described in Attachment 2, Appendix A (Table B).  Total RHNA is 982 dwelling units with 634 units for very low, low, and moderate income and 348 for above-moderate income.
 Housing construction from 10/15/2021 to 12/31/2025 is 335 units.  2025 construction: 37 Accessory Dwelling Units (5 very low income, 19 low income, 10 moderate income, and 3 above moderate) and 10 above-moderate single-family or duplex units.
 Remaining RHNA for very low, low, and moderate income is 506 units.  Remaining RHNA for above-moderate income is 141 units.  Total remaining RHNA is 647 units.

Considerations by staff:

Staff reviewed the latest State reporting requirements and prepared the attached APR in compliance with the regulations. The APR summarizes how the City continues to make progress on programs and projects that implement General Plan policies, housing programs, and housing construction. Adoption of the proposed resolution ensures the City remains in compliance with reporting requirements of state law.
325
Meeting Date: March 17, 2026 Agenda Item: 10E.

CITY OF SAN CLEMENTE 6
Council Options:
 Adopt Resolution No. 26-51 (Attachment 1) to approve the 2025 APR and direct staff to submit the document to the State by the April 1st deadline.  Modify and adopt Resolution No. 26-51 and/or the 2025 APR to mention additional accomplishments, revise wording for Housing Action Plan status, or other possible edits.  Table this item to make revisions to the 2025 APR for a future meeting, but deferring action to the next regular meeting would result in not meeting the State required April 1st deadline for APR submission.

Environmental Review/Analysis:

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

Fiscal Impact:

None. This item provides a status update on existing plans and programs. It does not initiate new projects that involve expenditures.

Recommended Actions:

Staff Recommendation
..recommendation

1. Adopt Resolution No. 26-51, approving the 2025 APR; and

2. Direct staff to submit the 2025 APR to the State as required by law. ..end
Attachment:

1. Resolution No. 26-51

2. 2025 APR
Appendix A - Housing Reporting Data for 2025
Notification:

None.
326
Attachment 1
RESOLUTION NO. 26-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE
GENERAL PLAN 2025 ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires cities and counties to have an adopted General Plan to provide guidance on land use decisions; and WHEREAS, on February 4, 2014, the City Council approved the Centennial General Plan, dated February 2014, and certified Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2013041021, mitigation monitoring program, and statements of overriding consideration; and
WHEREAS, the City of San Clemente Centennial General Plan (“General Plan”) is the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. The plan guides land use and physical development of the geographic area of the incorporated City limits; and WHEREAS, the General Plan contains the seven State-required elements and six additional elements, as follows: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance; and
WHEREAS, each element of the General Plan has a set of goals and policies that are intended to achieve specific objectives. The City’s Strategic Implementation Program (SIP), updated each fiscal year, lists and prioritizes specific projects and ongoing programs or “Implementation Measures” that align with goals and policies in General Plan Elements, excluding Housing. For the Housing Element, implementation measures are included in a Housing Action Plan certified by the California Department of Housing and Community Development (“HCD”) with the Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status and progress in the implementation of the City’s General Plan and Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(B) requires the City to include in the Annual Progress Report (APR) the City’s progress in meeting its share of regional housing needs; and
WHEREAS, California Code of Regulations, Title 25, Division 1, Chapter 6, Sections 6200, et seq., requires the City to use in the report forms and definitions adopted by the California Department of Housing and Community Development (“HCD”) to report on the status and progress implementing the City’s Housing Element; and
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Resolution No. 26-51 Page 2
WHEREAS, California Government Code Section 65400(a)(2)(F) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor’s Office of Land Use and Climate Innovation (“LCI”) and HCD by April of each year; and
WHEREAS, the Planning Division has determined in accordance with the California Environmental Quality Act (CEQA) that the General Plan 2025 Annual Progress Report (“2025 APR”) is not a project under the California Environmental Quality Act (CEQA). The APR is informational only, documenting progress towards implementing the General Plan and does not make decisions for City actions; and
WHEREAS, on March 17, 2025, the City Council of the City of San Clemente held a public meeting on the 2025 APR, considered written and oral comments, and facts and evidence presented by City staff, and other interested parties.

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

SECTION 1. Incorporation of Recitals.

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

SECTION 2. Approval of 2025 APR
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council, pursuant to Section 65400(a)(2) of the Government Code, has reviewed the 2025 APR that was Attachment 2 to the March 17, 2026 City Council staff report and is fully incorporated herein by this reference. The City Council approves and finds the 2025 APR:

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

SECTION 4. Submission of Progress Report
Pursuant to California Government Code Section 65400(a)(2), the City shall 328
Resolution No. 26-51 Page 3
submit the APR to LCI and HCD.

SECTION 5. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-51 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
329
San Clemente General Plan
2025 Annual Progress Report
Prepared by:

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

Adam Atamian
Community Development Director
March 2026
Attachment 2
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San Clemente 2025 Annual Progress Report
i
Table of Contents
Section Page

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

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

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

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

2.3 General Plan Amendments Adopted in 2025 .................................................................................... 3

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

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

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

3.2 2025 Accomplishments by Department ............................................................................................. 5

4.0 Housing Activity and Programs......................................................................................... 9

4.1 Background on Housing Element........................................................................................................ 9

4.2 Activity on Applications, Permits, and Construction .......................................................................... 9

4.3 Regional Housing Needs Allocation Progress (RHNA) ...................................................................... 10

4.4 Sites Identified or Rezoned to Accommodate Housing Need........................................................... 11

4.5 Program Implementation Status ...................................................................................................... 11

4.6 Density Bonus ................................................................................................................................... 11

4.7 Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites................................. 11

4.8 Disposition of City-owned Properties on the Housing Element Sites Inventory .............................. 12

4.9 Declared Surplus City-owned or Controlled Lands ......................................................................... 12 Tables
Table 1 General Plan Amendments ......................................................................................................... 3 Table 2 Adoption Dates for General Plan Elements ................................................................................. 4 Table 3 Housing Activity Summary ......................................................................................................... 10 Table 4 RHNA Status for 6th Cycle ........................................................................................................... 10 Table 5 Declared Surplus Sites................................................................................................................ 12 Appendices
Appendix A Housing Reporting Data for 2025 ...................................................................................... 13 331
San Clemente 2025 Annual Progress Report

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

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

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

This report provides a 2025 General Plan Annual Progress Report (“2025 APR”) to fulfill the State requirements. The document is organized in four sections.

Section Description

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

2. General Plan Status
and Amendments.

This section provides background on the Centennial
General Plan, amendment requirements, and
amendments adopted in 2025.

3. Strategic
Implementation
Program.

This section describes the SIP and highlights major
actions taken in 2025 to make progress on goals and
policies in the General Plan.

4. Housing Activity and
Programs
This section provides background on the Housing
Element and summary of housing activity and programs
in 2025. Appendix A includes HCD APR forms for
Housing Element 2025 reporting
1 332
San Clemente 2025 Annual Progress Report

2.0 GENERAL PLAN STATUS AND AMENDMENTS

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

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

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

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

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

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element that must be updated every eight years. Municipal Code Section 17.16.020 establishes procedures for the initiation of processing requests for a General Plan amendment. These procedures require that a General Plan amendment be initiated by either: 1) a majority vote of the City Council, or 2) the submittal of an application from a property owner or agent. Once initiated, the General Plan amendment and related environmental document is considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a public hearing. California Government Code Section 65358 allows required General Plan elements to be amended up to four times in a calendar year. 2 333
San Clemente 2025 Annual Progress Report

2.3 General Plan Amendments Adopted in 2025
In 2025, no General Plan Amendments (GPA) were adopted by City Council.

2.4 Summary of General Plan Amendments
Table 1 below presents a summary of General Plan amendments adopted up to December 31, 2025. Table 2 on the next page identifies the adoption dates for each of the General Plan elements. The General Plan as amended through 2025 complies with State General Plan guidelines to a high degree. The following information is provided consistent with the requirements of Government Code Section 65400(a)(2)(F).

Table 1 – General Plan Amendments (as of December 31, 2025)1 Adoption
Date
Amendment
No.

Resolution
No. Project Name
11-1-22 22-097 22-40 Senior Housing and Medical Office
10-18-22 21-238 22-39 West Pico Corridor Specific Plan Update and Architectural Overlay Expansion
9-20-22 20-036 22-36 Housing Element and Safety Element Updates 2-16-21 20-011 21-03 Roadway Systems Update
12-17-19 19-291 19-56 Pier Bowl Specific Plan Update
10-10-17 17-261 17-33 Housing Element Mid-term Update 2013-2023 9-5-17 15-331 17-29 Housing Element 2013-2023 and Amendment to Emergency Shelter Overlay
12-20-16 16-374 16-75 Clean-up Edits
10-18-16 16-319 16-64 Emergency Shelter Overlay
5-23-16 16-002 16-13 Freeway Oriented Signs and Sign Exceptions 1-19-16 15-427 16-03 Camino De Los Mares Medical Zones
11-3-15 15-049 15-47,
15-48
Clarifications, Land Use Changes, and Addendum No.
1 to General Plan Final Environmental Impact Report
8-19-14 14-123 14-34 Emergency Shelter Overlay to
Implement State law SB2
1 On February 4, 2014, the City adopted the Centennial General Plan (General Plan Amendment 13-043) via Resolution 14-01.
3 334
San Clemente 2025 Annual Progress Report
Table 2 – Adoption Dates for General Plan Elements (as of December 31, 2025) General Plan Element Adoption
Date
Amendment
No.

Resolution
No.

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

3.0 STRATEGIC IMPLEMENTATION PROGRAM

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

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

Below is a summary of 2025 accomplishments toward implementing the General Plan according to the Strategic Implementation Program. The current SIP is on the City’s website at this link. 4 335
San Clemente 2025 Annual Progress Report

3.2 2025 Accomplishments by Department
Beaches, Parks, and Recreation
Policy, Fiscal Sustainability & Partnerships
• Adopted the Cost of Services Recovery Study, establishing a consistent, data-driven framework for setting recreation, facility, and service fees aligned with City policy objectives.
• Implemented updated golf fee structures, improving cost recovery, operational sustainability, and alignment with market conditions while maintaining public access to the municipal golf course.
• Updated and adopted partnership policies, providing clearer criteria and equity-based standards for City partnerships, subsidies, and use of public facilities. • Updated and implemented the CARE Program policy, strengthening transparency and consistency for fee assistance, donations, and community-supported access to recreation programs.

Programs & Community Services
• Delivered inclusive recreation programming for all ages, serving 1,128 participants across early childhood, youth, teens, adults, and active seniors. • Provided 10 weeks of weekday summer camp programming serving 481 youth, supporting working families.
• Expanded youth enrichment through Playschool, theater, golf, volleyball, and teen social programs.
• Served 154 active adults (55+) through walking clubs, leagues, and social recreation.

Sports & Athletics
• Operated multiple seasons of adult softball and soccer and youth flag football, serving over 2,200 participants.
• Processed 142 sports field applications and issued 491 field rental permits. • Supported weekend concessions at Steed Park, selling 49,662 items during league play.

Community Events
• Produced 22 major community events, generating an estimated 1.2 million impressions, including signature events such as Summer Concerts, Monster Dash, Día de los Muertos, and holiday programming.
• Delivered large-scale activations such as Stars, Stripes & Slip ’n Slides, covering over 2.1 million square feet of slide distance with participation.

Aquatics
• Conducted 94 Learn-to-Swim classes, serving 750 students, including the launch of the adaptive Sensory Sharks program.
• Operated 98 water aerobics classes with 2,970 enrollments. • Hosted 7 aquatic special events with over 900 attendees, including the Doggie Dive. • Coordinated 3 swim meets serving 2,600 competitors.
5 336
San Clemente 2025 Annual Progress Report
• Delivered 3 Lifeguard Academies and 1 readiness course, resulting in the hiring of 30 new lifeguards.

Permits, Facilities & Customer Service
• Processed 1,139 total permits, including special events, park and facility rentals, filming, banners, and beach cleanups.
• Managed 941 park rental permits and 91 facility rentals across City venues. • Oversaw 1,271 contract classes serving 8,378 participants with 52 instructors. • Managed the setup and logistics for 545 classes and 91 rentals across aquatic, community, and beach facilities.
• Recorded 44,650 admissions and membership entries at the Aquatics Center and Ole Hanson Beach Club.

City Manager
• In late 2025 and early 2026, a new website for the City was activated. The new platform is an improved experience for users that is easier to navigate, has updated information is compliant with the Americans with Disabilities Act (ADA), and will improve access to the General Plan in every aspect.
• The City has been approved for a Sand Compatibility and Opportunistic Use Program (SCOUP) that will allow the placement of up to 300,000 cubic yards of sand to be placed on City beaches. The SCOUP streamlines the approval process and allows the City to take advantage of placing quantities of unanticipated sources of beach quality sand in specified areas.
• It is anticipated that staffing, project funding, and related costs associated with General Plan implementation will remain in place in the preparation of the new two-year budget that will be passed in June of 2026.
• Emergency management has become an area of emphasis for the City as potential fire hazards and coastal erosion increase on an annual basis. The management team is supportive of an expansion of preparedness activities to reduce the potential of fire and coastal erosion in the City.

Community Development
• The City updated the Emergency Shelter Overlay (ESO) development standards, evaluated additional areas in the City for inclusion in the ESO and amended the overlay to ensure it consists of up to five to ten acres that is suitable for development with access to transportation and services.
• The City worked with the U.S. Postal Service to explore opportunities to re-design the post office located on Avenida Pico, or relocate to a more appropriate location, to provide opportunities for improved circulation and new development opportunities with a master plan for the Pico Plaza area.
• The City updated our code to encourage the private development of alternative energy infrastructure where appropriate.
6 337
San Clemente 2025 Annual Progress Report
• The City initiated updates to the Zoning Ordinance to allow for additional streamlining opportunities via a three part Batch Amendment. Part 1 provides more opportunities to streamline the permitting process, while parts 2 and 3 amend sections of the code that require clarification.
• The City Council adopted, and the Federal Emergency Management Agency (FEMA) subsequently approved, the first comprehensive update to the City’s Local Hazard Mitigation Plan (LHMP) in over 20 years. Maintaining a current LHMP ensures the City is adequately informed of, and thoroughly analyses, a variety of hazards that have the potential to affect the City, as well as ensuring the City is able to apply for disaster reimbursement funding for certain disaster-related events. • The Planning Commission recommended and the City Council adopted a resolution adding policy language to the Safety, Coastal, and Natural Resources elements of the San Clemente General Plan. This satisfied state requirements for general plan updates pursuant to SB 1425, SB 1035, and AB 747. The referenced laws are part of a series of California legislation targeting safety, open space, and the environment. Adopting this resolution will incorporate new policy language and mapping to the Safety element, as well as the Local Hazard Mitigation Plan (LHMP), mitigating hazards associated with wildfire and improving the City’s emergency preparedness. The changes add new policy language in the Natural Resources and Coastal Elements promoting resilience, rewilding, and access to the City’s open space. These updates serve as a testament to the Planning division’s continued efforts to maintain a Centennial General Plan that aligns with State legislation and better meets the City’s core objectives.

Public Safety
• Pursued and obtained over $23,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
• Worked with the City’s Coastal Administrator and Public Works on the United State Army Core of Engineers (USACE) Sand Replenishment Project from Linda Lane to TStreet. • Worked with the City’s Coastal Administrator and Public Works on the North Beach Sand Replenishment Project.
• Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study. • 1,394 swimmers in distress were physically rescued by ocean lifeguards, over 22,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,270 medical aids were performed.
• Continued to evaluate beach usage attendance trends and adjust lifeguard staffing accordingly. The current trend has been a population shift from northern City beaches towards the south due to eroded beaches in the north.
• Taught ocean safety through outreach and the Junior Lifeguard program. • Added one full-time Marine Safety Officer position.
7 338
San Clemente 2025 Annual Progress Report
Public Works
• Completed Orange County Sheriff’s Department Gates and Fencing. • Completed City Hall Generator Installation.
• Completed Base of Pier Restroom.
• Completed Ave Del Mar Tile Murals Installation.
• Completed Traffic Signal Conversions.
• Completed Comm Center Shuffleboard Remodeling.
• Completed Splitter Box Repairs.
• Completed Golf Course Pump Station Upgrade.
• Completed Camino Capistrano Crosswalk Improvements.
• Completed Digester Flare Replacement.
• Completed Recycled Water Expansion Study.
• Completed Pier Understory Bird Deterrent.
• Completed Digester No.2 Cleaning, Residual Disposal & Insp. • Completed Recycled Water Storage Bay Rehabilitation.
• Completed Reservoir No. 4 Exterior Coating.
• Completed Sodium Hypochlorite Tank Replacement.
• Completed Pier Timber Pile Inspection.
• Completed Pier Steel Piles Cathodic Protection Improvements. • Completed Trash Drain Capture Devices Phases 1-3.
• Completed AC As-Needed Pavement (Contractor LC).
• Completed Califia PS Flowmeter & Valve Replacement.
• Completed Reservoir 10 & 5A Chemical Line Replacement. • Completed Old City Hall Rem Park Lot Slope Temp Grading. • Completed Villas by the Sea Upper Sinkhole.
• Completed Frontera Lift Station Slope Repairs (Design). • Completed WRP Butler Building Slope Evaluation.
• Completed Local Hazard Mitigation Plan (FY25).
• Completed Sidewalk Repair & Improvement Program.
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San Clemente 2025 Annual Progress Report

4.0 HOUSING ACTIVITY AND PROGRAMS

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

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

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

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

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

The goals of the Housing Action Plan are to:

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

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

4.2 Activity on Housing Applications, Permits, and Construction Table 3 is a summary of Appendix A information on 2025 housing activity for applications received (building permits and entitlements), entitlements, issued building permits, and finaled constructed units. Refer to Appendix A Tables A and A2 for a detailed inventory. Activity on housing units vary in terms of the steps completed to obtain permits and complete construction.

For example, a project could be initiated and completed in the same calendar year or portion of the development process can start in a calendar year and extend into the next APR. 9 340
San Clemente 2025 Annual Progress Report
Table 3 – 2025 Housing Unit Activity
Income Level Proposed Units
- Applications
Entitled
Units
Units Issued
Permits
Constructed
Units
Very Low 7 2 5 0
Low 28 3 19 17
Moderate 18 6 10 13
Above Moderate 24 7 13 13
Total Units 77 18 47 43

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

Table 4 on the next page is a summary of the status of the City’s RHNA by income category based on 2025 permitting activity.

Table 4 – RHNA Status for 6th Cycle – 10/15/21 to 10/15/29 Income Level
RHNA
Allocation by
Income Level
2021-23
Permits
2025
Permits
Total Units
Permitted
Remaining
RHNA by
Income Level
Very Low Deed
Restricted 282
0 0
11 271 Non-Deed
Restricted 6 5
Low Deed
Restricted
164
0 0
Non-Deed 45 119
Restricted 26 19
Moderate Deed
Restricted 188
0 0
72 116 Non-Deed
Restricted 62 10
Above
Moderate
Non-Deed
Restricted 348 194 13 207 141
Totals 982 288 47 335 647
10 341
San Clemente 2025 Annual Progress Report

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

4.5 Program Implementation Status
The Housing Action Plan includes 17 programs listed below. Table D of Appendix A provides the 2025 status of program implementation. In addition to reoccurring program activities, in 2025 the City updated the Emergency Shelter Overlay (ESO) development standards, evaluated additional areas in the City for inclusion in the ESO and amended the overlay to ensure it consists of up to five to ten acres that is suitable for development with access to transportation and services.

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

3. Lot Consolidation

4. Density Bonus Ordinance.

5. Affordable Housing Overlay

6. Inclusionary Housing Program

7. Affordable Housing Development

8. Accessory Dwelling Units (ADUs)

9. Pursue Funding Sources and Programs

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

11. Sustainable Policies

12. Affirmatively Furthering Fair Housing

13. Social Services Grant Program

14. Zoning Ordinance Amendments

15. Monitoring of Emergency Shelter Overlay

16. Neighborhood Revitalization Program

17. Preserve At-Risk Housing

4.6 Density Bonus
In 2025, the City did not approve entitlements for a density bonus project.

4.7 Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites In 2025, there were no dwelling units counted toward RHNA that were substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobile home park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). As a result, Table F in Appendix A is blank that is optional.

11 342
San Clemente 2025 Annual Progress Report

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

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

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

Table 5 – Declared Surplus Sites

APN
Street
Address/Intersection
Existing
Use
Number
of Units
Surplus
Designation
Parcel Size
(in acres)
678-163-01 Avenida La Pata/West
Avenida Vista Hermosa
Vacant N/A Surplus Land 2.29
690-372-03 754 Avenida Acapulco Vacant N/A Surplus Land 0.17 690-012-01 100 Avenida Presidio Vacant N/A Surplus Land 2.89 690-012-02 100 Avenida Presidio Vacant N/A Surplus Land 1.82 12 343
Housing Element 2025 Annual Progress Report
This appendix includes 2025 reporting data on implementation of the certified 2021‐2029 Housing Element Update for the 6
th cycle (10/15/2021 to
10/15/2029)

APPENDIX A
13 344
Jurisdiction San Clemente
Reporting Year 2025 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts en Task $ Amount
Awarded
$ Cumulative
Reimbursement Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 6
7 18
Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 5
Deed Restricted 0
Non-Deed Restricted 19
Deed Restricted 0
Non-Deed Restricted 10
13 47
Current
Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 17
Deed Restricted 0
Non-Deed Restricted 13
13 43
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Acutely Low
Extremely Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Acutely Low
Extremely Low
Acutely Low
Extremely Low

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $ -
Task Status
14 345
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 0 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
2 34 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted
(see
instructions)
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely LowIncome Deed
Restricted
Extremely LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 00 0 057-031-33 113 AVENIDA SIERRA B25-0162 SFD O 1/23/2025 1 1057-031-33 113 AVENIDA SIERRA B25-0162 ADU R 1/23/2025 1 1057-051-01 187 AVENIDA LA CUESTA B25-0299 ADU R 2/12/2025 1 1057-081-25 111 AVENIDA PATERO DE ORO SB925-089 SFD O 2/26/2025 1 1
057-095-01 143 N LA ESPERANZA DP25-456 SFD O 10/15/2025 1 1057-095-01 143 N LA ESPERANZA DP25-456 ADU R 10/15/2025 1 1057-102-58 110 EL LEVANTE B25-2675 SFD O 12/31/2025 1 1057-162-89 150 CALLE REDONDEL B25-1116, IC25-144 ADU R 3/31/2025 1 1057-226-07 701 AVENIDA PRESIDIO B25-2615 ADU R 12/17/2025 1 1058-092-18 127 AVENIDA ROSA C B25-1341 ADU R 7/8/2025 1 1058-092-18 127 AVENIDA ROSA IC25-232 ADU R 5/28/2025 1 1058-104-09 241 AVENIDA MONTEREY C B25-1804 ADU R 9/11/2025 1 1058-104-09 241 AVENIDA MONTEREY B B25-1805 ADU R 9/11/2025 1 1058-112-07 251 AVENIDA DEL MAR B25-1819, IC25-459 ADU R 9/12/2025 1 1058-112-09 247 AVENIDA DEL MAR B25-0845 ADU R 4/28/2025 1 1058-123-39 224 AVENIDA CABRILLO A IC25-141 ADU R 3/28/2025 1 1058-131-34 144 W MARQUITA B25-2653 ADU R 12/22/2025 1 1058-131-34 146 W MARQUITA B25-2654 ADU R 12/22/2025 1 1058-131-34 144 W MARQUITA B25-2617 SFD O 12/17/2025 1 1058-131-34 146 W MARQUITA B25-2618 SFD O 12/17/2025 1 1060-043-04 2609 S EL CAMINO REAL B25-1356 ADU R 7/10/2025 1 1060-093-19 138 AVENIDA SAN FERNANDO B25-1392 SFD O 7/15/2025 1 1060-102-10 124 AVENIDA DOLORES C B25-1639 ADU R 8/19/2025 1 1060-141-30 246 AVENIDA LOBEIRO B25-2459 ADU R 12/3/2025 1 1060-172-20 101 PASEO DE LA SERENATA IC25-373 ADU R 9/1/2025 1 1060-191-07 512 AVENIDA LA COSTA B25-0468 ADU R 3/5/2025 1 1060-192-02 2402 CALLE MADIERA B25-0901 ADU R 5/7/2025 1 1060-192-17 2405 PLAZA A LA PLAYA B25-1362 SFD O 7/10/2025 1 1675-111-18 612 CALLE CANASTA B25-2339 ADU R 11/14/2025 1 1675-171-29 5 MARBELLA B25-1534 ADU R 8/5/2025 1 1675-174-48 4 MAR DEL REY B25-1777 SFD O 9/8/2025 1 1675-174-50 8 MAR DEL REY B B25-1855 ADU R 9/17/2025 1 1675-236-02 4023 CALLE MAYO B B25-1486 ADU R 7/29/2025 1 1675-381-11 8 SAN REMO B25-1475 ADU R 7/21/2025 1 1678-012-11 2877 CAMPO RASO B25-0554 ADU R 3/15/2025 1 1678-021-01 2855 PENASCO B25-2575 ADU R 12/15/2025 1 1680-233-02 2841 CALLE HERALDO B25-0697 ADU R 4/4/2025 1 1680-263-04 2865 CALLE ESTEBAN B25-0324 ADU R 2/16/2025 1 1680-431-11 2943 BONANZA SB925-377 SFD O 9/3/2025 1 1680-461-11 3161 INCLINADO B25-1480 ADU R 7/28/2025 1 1690-084-04 131 LADERA LN B25-1796 ADU R 9/9/2025 1 1690-202-02 1802 ENTRADA PARAISO B25-0459 ADU R 3/4/2025 1 1690-282-07 201 CALLE DEL JUEGO B B25-1443 ADU R 7/23/2025 1 1690-412-11 1406 CALLE ALCAZAR B25-0608 ADU R 3/24/2025 1 1690-412-48 121 E AVENIDA SAN JUAN B B25-0804 ADU R 4/22/2025 1 1690-422-33 120 AVENIDA TRIESTE B B25-1304 ADU R 7/3/2025 1 1690-451-04 1701 AVENIDA SALVADOR B25-1441 SFD O 7/23/2025 1 1690-462-07 1557 AVENIDA SALVADOR B25-0471 SFD O 3/5/2025 1 1691-082-03 35546 CAMINO CAPISTRANO IC25-443 ADU R 10/6/2025 1 1 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types
Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
15 346
San Clemente ANNU
0 (Jan. 1 - Dec. 31) Ho
6th Cycle 10/15/2021 - 10/15/2029
Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Start Data Entry Below
057-031-33 113 AVENIDA SIERRA B25-0162057-031-33 113 AVENIDA SIERRA B25-0162057-051-01 187 AVENIDA LA CUESTA B25-0299057-081-25 111 AVENIDA PATERO DE ORO SB925-089057-095-01 143 N LA ESPERANZA DP25-456057-095-01 143 N LA ESPERANZA DP25-456057-102-58 110 EL LEVANTE B25-2675057-162-89 150 CALLE REDONDEL B25-1116, IC25-144057-226-07 701 AVENIDA PRESIDIO B25-2615058-092-18 127 AVENIDA ROSA C B25-1341058-092-18 127 AVENIDA ROSA IC25-232058-104-09 241 AVENIDA MONTEREY C B25-1804058-104-09 241 AVENIDA MONTEREY B B25-1805058-112-07 251 AVENIDA DEL MAR B25-1819, IC25-459058-112-09 247 AVENIDA DEL MAR B25-0845058-123-39 224 AVENIDA CABRILLO A IC25-141058-131-34 144 W MARQUITA B25-2653058-131-34 146 W MARQUITA B25-2654058-131-34 144 W MARQUITA B25-2617058-131-34 146 W MARQUITA B25-2618060-043-04 2609 S EL CAMINO REAL B25-1356060-093-19 138 AVENIDA SAN FERNANDO B25-1392060-102-10 124 AVENIDA DOLORES C B25-1639060-141-30 246 AVENIDA LOBEIRO B25-2459060-172-20 101 PASEO DE LA SERENATA IC25-373060-191-07 512 AVENIDA LA COSTA B25-0468060-192-02 2402 CALLE MADIERA B25-0901060-192-17 2405 PLAZA A LA PLAYA B25-1362675-111-18 612 CALLE CANASTA B25-2339675-171-29 5 MARBELLA B25-1534675-174-48 4 MAR DEL REY B25-1777675-174-50 8 MAR DEL REY B B25-1855675-236-02 4023 CALLE MAYO B B25-1486675-381-11 8 SAN REMO B25-1475678-012-11 2877 CAMPO RASO B25-0554678-021-01 2855 PENASCO B25-2575680-233-02 2841 CALLE HERALDO B25-0697680-263-04 2865 CALLE ESTEBAN B25-0324680-431-11 2943 BONANZA SB925-377680-461-11 3161 INCLINADO B25-1480690-084-04 131 LADERA LN B25-1796690-202-02 1802 ENTRADA PARAISO B25-0459690-282-07 201 CALLE DEL JUEGO B B25-1443690-412-11 1406 CALLE ALCAZAR B25-0608690-412-48 121 E AVENIDA SAN JUAN B B25-0804690-422-33 120 AVENIDA TRIESTE B B25-1304690-451-04 1701 AVENIDA SALVADOR B25-1441690-462-07 1557 AVENIDA SALVADOR B25-0471691-082-03 35546 CAMINO CAPISTRANO IC25-443 1 Project Identifier
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Historic Sites Application Status Project Type Notes 78 9 10 12 13 14
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
00 1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial SB 9 (2021) -
Residential Lot
Split
No No N/A Pending Ministerial
NONE No No N/A Pending Discretionary
NONE No No N/A Pending Discretionary
NONE No No N/A Pending Ministerial
1 NONE No No N/A Approved Ministerial
NONE No No N/A Pending Ministerial
1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial NONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE Yes - Local No N/A Approved Ministerial
NONE No No N/A Pending Ministerial
1 NONE No No N/A Approved Ministerial
NONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial
NONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial NONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial
NONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial NONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial
Density Bonus Law
Applications
11 16
347
Date
Application
Submitted
2 34 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted
(see
instructions)
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely LowIncome Deed
Restricted
Extremely LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by
Project
Table A
1 5
Project Identifier Unit Types
Housing Development Applications Submitted
Proposed Units - Affordability by Household Incomes
691-098-17 3401 VIA LORO B25-0484 ADU R 3/6/2025 1 1691-295-08 216 VIA ALEGRE IC25-487 ADU R 11/5/2025 1 1692-031-10 407 CAZADOR LN B25-1840 ADU R 9/15/2025 1 1692-062-18 236 W EL PORTAL TPM25-164 2 to 4 O 4/10/2025 2 2692-063-38 227 W EL PORTAL B25-0417 2 to 4 R 2/26/2025 2 2692-073-21 211 W ESCALONES B25-2645, IC25-525 ADU R 11/25/2025 1 1692-075-10 230 W MARQUITA IC25-492 ADU R 11/6/2025 1 1692-082-31 240 W ESCALONES IC25-206 ADU R 5/6/2025 1 1692-083-10 233 W ESCALONES B25-0982 ADU R 5/19/2025 1 1692-102-14 314 AVENIDA SIERRA B25-2406 ADU R 11/25/2025 1 1692-102-15 316 AVENIDA SIERRA B25-0648 ADU R 3/27/2025 1 1692-121-16 1601 CALLE SACRAMENTO B25-2314 2 to 4 R 11/11/2025 2 2692-121-17 1603 CALLE SACRAMENTO B25-2315 2 to 4 R 11/11/2025 2 2692-222-20 212 AVENIDA PRINCESA B25-1273 ADU R 7/1/2025 1 1692-231-23 222 W AVENIDA CORDOBA IC25-546 ADU R 12/9/2025 1 1692-242-15 210 W PASEO DE CRISTOBAL IC25-384 ADU R 9/8/2025 1 1692-263-02 251 VISTA MARINA B25-0564 ADU R 3/18/2025 1 1692-282-09 314 W AVENIDA GAVIOTA IC25-406 SFD O 9/18/2025 1 1692-303-12 526 W AVENIDA DE LOS LOBOS MARINOS IC25-262 ADU R 6/16/2025 1 1692-312-38 1702 S OLA VISTA B25-0328 ADU R 2/17/2025 1 1692-361-24 129 AVENIDA FLORENCIA B25-0144 2 to 4 R 1/22/2025 2 2692-371-28 1614 CALLE LAS BOLAS B25-0566 ADU R 3/18/2025 1 1692-382-07 139 AVENIDA PELAYO IC25-030 ADU R 1/20/2025 1 1 17 348
Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
1 Project Identifier
691-098-17 3401 VIA LORO B25-0484691-295-08 216 VIA ALEGRE IC25-487692-031-10 407 CAZADOR LN B25-1840692-062-18 236 W EL PORTAL TPM25-164692-063-38 227 W EL PORTAL B25-0417692-073-21 211 W ESCALONES B25-2645, IC25-525692-075-10 230 W MARQUITA IC25-492692-082-31 240 W ESCALONES IC25-206692-083-10 233 W ESCALONES B25-0982692-102-14 314 AVENIDA SIERRA B25-2406692-102-15 316 AVENIDA SIERRA B25-0648692-121-16 1601 CALLE SACRAMENTO B25-2314692-121-17 1603 CALLE SACRAMENTO B25-2315692-222-20 212 AVENIDA PRINCESA B25-1273692-231-23 222 W AVENIDA CORDOBA IC25-546692-242-15 210 W PASEO DE CRISTOBAL IC25-384692-263-02 251 VISTA MARINA B25-0564692-282-09 314 W AVENIDA GAVIOTA IC25-406692-303-12 526 W AVENIDA DE LOS LOBOS MARINOS IC25-262692-312-38 1702 S OLA VISTA B25-0328692-361-24 129 AVENIDA FLORENCIA B25-0144692-371-28 1614 CALLE LAS BOLAS B25-0566692-382-07 139 AVENIDA PELAYO IC25-030 Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Historic Sites Application Status Project Type Notes 78 9 10 12 13 14
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.

Is this project
located on a
site with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Table L?
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Density Bonus Law
Applications
11 NONE No No N/A Pending Ministerial
1 NONE No No N/A Approved Ministerial
NONE No No N/A Pending Ministerial
2 NONE No No N/A Approved Discretionary
NONE No No N/A Pending Ministerial
1 NONE No No N/A Approved Ministerial1 NONE Yes - Local No N/A Approved Ministerial NONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial NONE No No N/A Pending MinisterialNONE No No N/A Pending Ministerial 1 NONE No No N/A Approved Ministerial1 NONE No No N/A Approved Ministerial 18 349
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely LowIncome Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Summary Row: Start Data Entry Below 0 0 0 0 0 2 0 3 0 6 7 18 0 0 0 057-031-33
113 AVENIDA SIERRA B25-0162 SFD O 0
057-031-33
113 AVENIDA SIERRA B25-0162 ADU R 0
057-033-46
128 AVENIDA SIERRA B22-0977 SFD O 0
057-033-46
128 AVENIDA SIERRA B B22-1509 ADU R 0
057-051-01
187 AVENIDA LA CUESTA B25-0299 ADU R 0
057-061-12
239 AVENIDA LA CUESTA DP24-027 SFD O 1 2/6/2025 1
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 B23-2150 ADU R 0
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 B23-2158 ADU R 0
057-153-23 105 E EL PORTAL B24-2426 ADU R 0
057-161-04
1401 AVENIDA DE LA ESTRELLA B B23-2938 ADU R 0
057-162-02
102 CALLE REDONDEL B B24-2618 ADU R 0
057-162-89
150 CALLE REDONDEL B25-1116, IC25-144 ADU R 1 4/16/2025 1 058-092-18
127 AVENIDA ROSA C B25-1341 ADU R 0
058-092-18
127 AVENIDA ROSA IC25-232 ADU R 1 6/17/2025 1
058-092-30
121 AVENIDA ROSA B B23-2515 ADU R 0
058-104-03
229 AVENIDA MONTEREY C B22-1829 ADU R 0
058-104-03
229 AVENIDA MONTEREY B22-1742 2 to 4 R 0
058-122-02
235 AVENIDA MIRAMAR B B24-2110 ADU R 0
058-122-12
215 AVENIDA MIRAMAR B24-2594 ADU R 0
058-122-17
205 AVENIDA MIRAMAR B24-0039 ADU R 0
058-123-39
224 AVENIDA CABRILLO A IC25-141 ADU R 1 4/22/2025 1
060-031-07
102 E AVENIDA SAN GABRIEL C B23-1480 ADU R 0
060-031-07
102 E AVENIDA SAN GABRIEL D B23-1481 ADU R 0
060-043-04
2609 S EL CAMINO REAL B25-1356 ADU R 0
060-051-30
425 CALLE GOMEZ B B24-2169 ADU R 0
060-093-47
3215 S EL CAMINO REAL B23-0044 SFD O 0
060-093-47
3215 S EL CAMINO REAL B B23-0159 ADU R 0
060-093-47
3213 S EL CAMINO REAL B B23-0160 ADU R 0
060-112-11
107 AVENIDA PALA B B24-0313 ADU R 0
060-181-08
2445 S OLA VISTA B B24-2466 ADU R 0
060-183-06 103 CALLE CITA B B24-2246 ADU R 0
060-261-08
238 VIA RANCHO B B22-0047 SFD O 0
060-303-20 7 VIA JAZMIN B B24-1375 ADU R 0
675-173-69 17 MARBELLA B24-0026 SFD O 0
675-174-27 24 MARANA B24-1248 SFD O 0675-174-50 8 MAR DEL REY B B25-1855 ADU R 0 675-174-52 12 MAR DEL REY B24-0961 SFD O 0
675-193-02
27000 PASEO ACTIVO B22-1473 SFD O 0
675-226-14
3907 CALLE ABRIL B22-0835 ADU R 0
675-236-02
4023 CALLE MAYO B B25-1486 ADU R 0
1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 19 350
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
057-031-33
113 AVENIDA SIERRA B25-0162 SFD O
057-031-33
113 AVENIDA SIERRA B25-0162 ADU R
057-033-46
128 AVENIDA SIERRA B22-0977 SFD O
057-033-46
128 AVENIDA SIERRA B B22-1509 ADU R
057-051-01
187 AVENIDA LA CUESTA B25-0299 ADU R
057-061-12
239 AVENIDA LA CUESTA DP24-027 SFD O
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 B23-2150 ADU R
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 B23-2158 ADU R
057-153-23 105 E EL PORTAL B24-2426 ADU R
057-161-04
1401 AVENIDA DE LA ESTRELLA B B23-2938 ADU R
057-162-02
102 CALLE REDONDEL B B24-2618 ADU R
057-162-89
150 CALLE REDONDEL B25-1116, IC25-144 ADU R
058-092-18
127 AVENIDA ROSA C B25-1341 ADU R
058-092-18
127 AVENIDA ROSA IC25-232 ADU R
058-092-30
121 AVENIDA ROSA B B23-2515 ADU R
058-104-03
229 AVENIDA MONTEREY C B22-1829 ADU R
058-104-03
229 AVENIDA MONTEREY B22-1742 2 to 4 R
058-122-02
235 AVENIDA MIRAMAR B B24-2110 ADU R
058-122-12
215 AVENIDA MIRAMAR B24-2594 ADU R
058-122-17
205 AVENIDA MIRAMAR B24-0039 ADU R
058-123-39
224 AVENIDA CABRILLO A IC25-141 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL C B23-1480 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL D B23-1481 ADU R
060-043-04
2609 S EL CAMINO REAL B25-1356 ADU R
060-051-30
425 CALLE GOMEZ B B24-2169 ADU R
060-093-47
3215 S EL CAMINO REAL B23-0044 SFD O
060-093-47
3215 S EL CAMINO REAL B B23-0159 ADU R
060-093-47
3213 S EL CAMINO REAL B B23-0160 ADU R
060-112-11
107 AVENIDA PALA B B24-0313 ADU R
060-181-08
2445 S OLA VISTA B B24-2466 ADU R
060-183-06 103 CALLE CITA B B24-2246 ADU R
060-261-08
238 VIA RANCHO B B22-0047 SFD O
060-303-20 7 VIA JAZMIN B B24-1375 ADU R
675-173-69 17 MARBELLA B24-0026 SFD O
675-174-27 24 MARANA B24-1248 SFD O675-174-50 8 MAR DEL REY B B25-1855 ADU R 675-174-52 12 MAR DEL REY B24-0961 SFD O
675-193-02
27000 PASEO ACTIVO B22-1473 SFD O
675-226-14
3907 CALLE ABRIL B22-0835 ADU R
675-236-02
4023 CALLE MAYO B B25-1486 ADU R
1 Project Identifier Unit Types
Cells in grey contain auto-calculation formulas
89 Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely LowIncome
Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
0 0 5 019010 13 47 0 0 0 0 0 0 017
1 11/25/2025 1
1 11/25/2025 1
00 1 7/24/2025 1
00 1
0 1
2 7/14/2025 2
0 1
1 4/16/2025 1 1
0 1 12/18/2025 1
00 10 10
1 6/4/2025 11 5/14/2025 1
0 100 10 1
1 10/9/2025 11 5/29/2025 1
00 1
00 1
1 5/21/2025 11 5/22/2025 1 1
00 1
1 5/28/2025 11 3/5/2025 1
1 9/22/2025 1
1 4/4/2025 11 4/4/2025 1
0 1 11/5/2025 1
Affordability by Household Incomes - Certific
7 10
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits
20 351
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
057-031-33
113 AVENIDA SIERRA B25-0162 SFD O
057-031-33
113 AVENIDA SIERRA B25-0162 ADU R
057-033-46
128 AVENIDA SIERRA B22-0977 SFD O
057-033-46
128 AVENIDA SIERRA B B22-1509 ADU R
057-051-01
187 AVENIDA LA CUESTA B25-0299 ADU R
057-061-12
239 AVENIDA LA CUESTA DP24-027 SFD O
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 B23-2150 ADU R
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 B23-2158 ADU R
057-153-23 105 E EL PORTAL B24-2426 ADU R
057-161-04
1401 AVENIDA DE LA ESTRELLA B B23-2938 ADU R
057-162-02
102 CALLE REDONDEL B B24-2618 ADU R
057-162-89
150 CALLE REDONDEL B25-1116, IC25-144 ADU R
058-092-18
127 AVENIDA ROSA C B25-1341 ADU R
058-092-18
127 AVENIDA ROSA IC25-232 ADU R
058-092-30
121 AVENIDA ROSA B B23-2515 ADU R
058-104-03
229 AVENIDA MONTEREY C B22-1829 ADU R
058-104-03
229 AVENIDA MONTEREY B22-1742 2 to 4 R
058-122-02
235 AVENIDA MIRAMAR B B24-2110 ADU R
058-122-12
215 AVENIDA MIRAMAR B24-2594 ADU R
058-122-17
205 AVENIDA MIRAMAR B24-0039 ADU R
058-123-39
224 AVENIDA CABRILLO A IC25-141 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL C B23-1480 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL D B23-1481 ADU R
060-043-04
2609 S EL CAMINO REAL B25-1356 ADU R
060-051-30
425 CALLE GOMEZ B B24-2169 ADU R
060-093-47
3215 S EL CAMINO REAL B23-0044 SFD O
060-093-47
3215 S EL CAMINO REAL B B23-0159 ADU R
060-093-47
3213 S EL CAMINO REAL B B23-0160 ADU R
060-112-11
107 AVENIDA PALA B B24-0313 ADU R
060-181-08
2445 S OLA VISTA B B24-2466 ADU R
060-183-06 103 CALLE CITA B B24-2246 ADU R
060-261-08
238 VIA RANCHO B B22-0047 SFD O
060-303-20 7 VIA JAZMIN B B24-1375 ADU R
675-173-69 17 MARBELLA B24-0026 SFD O
675-174-27 24 MARANA B24-1248 SFD O675-174-50 8 MAR DEL REY B B25-1855 ADU R 675-174-52 12 MAR DEL REY B24-0961 SFD O
675-193-02
27000 PASEO ACTIVO B22-1473 SFD O
675-226-14
3907 CALLE ABRIL B22-0835 ADU R
675-236-02
4023 CALLE MAYO B B25-1486 ADU R
1 Project Identifier Unit Types Streamlining Historic Sites Infill Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
11 12 13 14 15 16 17 18 19 20
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of Occupancy
or other
forms of
readiness
Please select the
state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
013 13 43 0
0 NONE No Y0 NONE No Y Based on SCAG ADU affordability analysis document 1 10/2/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 8/14/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y 4/16/2025
1 NONE No Y Based on SCAG ADU affordability analysis document 4/16/2025
1 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 9/15/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 6/17/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 5/13/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1/9/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 2 1/9/2025 2 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 8/28/2025 1 NONE Yes - Local Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 9/10/2025 1 NONE No Y Based on SCAG ADU affordability analysis document9/10/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 1 11/3/2025 1 NONE No Y
11/3/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 11/3/2025 1 NONE No Y
4/16/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 12/17/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 12/1/2025 1 NONE No Y
4/29/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y0 NONE No Y0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y0 NONE No Y 1 3/27/2025 1 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document cates of Occupancy Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed U 21 352
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
057-031-33
113 AVENIDA SIERRA B25-0162 SFD O
057-031-33
113 AVENIDA SIERRA B25-0162 ADU R
057-033-46
128 AVENIDA SIERRA B22-0977 SFD O
057-033-46
128 AVENIDA SIERRA B B22-1509 ADU R
057-051-01
187 AVENIDA LA CUESTA B25-0299 ADU R
057-061-12
239 AVENIDA LA CUESTA DP24-027 SFD O
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 1 B23-2150 ADU R
057-142-40
600 AVENIDA DE LA ESTRELLA UNIT 2 B23-2158 ADU R
057-153-23 105 E EL PORTAL B24-2426 ADU R
057-161-04
1401 AVENIDA DE LA ESTRELLA B B23-2938 ADU R
057-162-02
102 CALLE REDONDEL B B24-2618 ADU R
057-162-89
150 CALLE REDONDEL B25-1116, IC25-144 ADU R
058-092-18
127 AVENIDA ROSA C B25-1341 ADU R
058-092-18
127 AVENIDA ROSA IC25-232 ADU R
058-092-30
121 AVENIDA ROSA B B23-2515 ADU R
058-104-03
229 AVENIDA MONTEREY C B22-1829 ADU R
058-104-03
229 AVENIDA MONTEREY B22-1742 2 to 4 R
058-122-02
235 AVENIDA MIRAMAR B B24-2110 ADU R
058-122-12
215 AVENIDA MIRAMAR B24-2594 ADU R
058-122-17
205 AVENIDA MIRAMAR B24-0039 ADU R
058-123-39
224 AVENIDA CABRILLO A IC25-141 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL C B23-1480 ADU R
060-031-07
102 E AVENIDA SAN GABRIEL D B23-1481 ADU R
060-043-04
2609 S EL CAMINO REAL B25-1356 ADU R
060-051-30
425 CALLE GOMEZ B B24-2169 ADU R
060-093-47
3215 S EL CAMINO REAL B23-0044 SFD O
060-093-47
3215 S EL CAMINO REAL B B23-0159 ADU R
060-093-47
3213 S EL CAMINO REAL B B23-0160 ADU R
060-112-11
107 AVENIDA PALA B B24-0313 ADU R
060-181-08
2445 S OLA VISTA B B24-2466 ADU R
060-183-06 103 CALLE CITA B B24-2246 ADU R
060-261-08
238 VIA RANCHO B B22-0047 SFD O
060-303-20 7 VIA JAZMIN B B24-1375 ADU R
675-173-69 17 MARBELLA B24-0026 SFD O
675-174-27 24 MARANA B24-1248 SFD O675-174-50 8 MAR DEL REY B B25-1855 ADU R 675-174-52 12 MAR DEL REY B24-0961 SFD O
675-193-02
27000 PASEO ACTIVO B22-1473 SFD O
675-226-14
3907 CALLE ABRIL B22-0835 ADU R
675-236-02
4023 CALLE MAYO B B25-1486 ADU R
1 Project Identifier Unit Types Notes
21 22 23 24 25
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
Units Density Bonus
22 353
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely LowIncome Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Summary Row: Start Data Entry Below 0 0 0 0 0 2 0 3 0 6 7 18 0 0 0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 680-021-05
868 CAMINO DE LOS MARES B24-2465 ADU R 0
680-061-39
704 CALLE BRISA B B24-2052 ADU R 0
680-123-01
2957 CALLE FRONTERA B B24-1514 ADU R 0
680-221-21
873 CALLE VALLARTA B24-2427 ADU R 0
680-222-02
858 CALLE VALLARTA B B24-2598 ADU R 0
680-322-10 1307 DOMADOR B24-2347 ADU R 0
680-431-11 2943 BONANZA SB925-377 SFD O 1 11/14/2025 1
680-621-31 2023 VIA VINA B24-1008 ADU R 0
690-031-03
103 CALLE PATRICIA A, B B24-1975 ADU R 0
690-101-13
944 AVENIDA PRESIDIO B22-2540 SFD O 0
690-192-02
401 E AVENIDA SAN JUAN B B23-2921 ADU R 0
690-202-02
1802 ENTRADA PARAISO B25-0459 ADU R 0
690-282-07
201 CALLE DEL JUEGO B B25-1443 ADU R 0
690-445-15
22 W AVENIDA SAN GABRIEL B24-1249 SFD O 0
690-501-01
717 CALLE MONSERRAT B B24-2536 ADU R 0
691-082-03
35546 CAMINO CAPISTRANO IC25-443 ADU R 1 10/30/2025 1
691-295-08 216 VIA ALEGRE IC25-487 ADU R 1 11/5/2025 1
691-425-09
216 VIA SOCORRO B B24-1455 ADU R 0
692-044-25 501 ELENA LN B22-0658 2 to 4 R 0
692-051-14 314 ENCINO LN C B21-0271 ADU R 0
692-052-07 300 ENCINO LN DP24-500 ADU R 1 1 6/19/2025 2 692-052-07 300 ENCINO LN DP24-500 SFD O 1 6/19/2025 1
692-062-18 236 W EL PORTAL TPM25-164 2 to 4 O 2 11/26/2025 2 692-062-19 238 W EL PORTAL B24-1856 ADU R 0
692-062-23 246 W EL PORTAL B24-0082 2 to 4 R 0
692-063-09
245 W EL PORTAL DR B24-0857 2 to 4 R 0
692-073-21
211 W ESCALONES B25-2645, IC25-525 ADU R 1 12/16/2025 1 692-075-10 230 W MARQUITA IC25-492 ADU R 1 11/17/2025 1 692-082-33
244 W ESCALONES 202 B21-0675 ADU R 0
692-091-03
240 W MARIPOSA D B24-1694 ADU R 0
692-091-04
238 W MARIPOSA C B23-1544 ADU R 0
692-094-05 241 LA PALOMA D B24-2142 ADU R 0
692-142-37
111 TRAFALGAR LN B B24-1980 ADU R 0
692-151-04
147 AVENIDA BARCELONA B B24-0886 ADU R 0
692-152-19
103 ESPLANADE B B22-0666 ADU R 0
692-211-14
121 AVENIDA PRINCESA B24-1179 SFD O 0
692-211-43 1611 S OLA VISTA B24-1791 ADU R 0
692-221-28
220 W AVENIDA VALENCIA B23-2546 ADU R 0
692-232-15 1304 S OLA VISTA B24-0620 ADU R 0
692-242-15
210 W PASEO DE CRISTOBAL IC25-384 ADU R 1 10/3/2025 1
692-253-25
212 AVENIDA BARCELONA B24-2266 ADU R 0
23 354
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
680-021-05
868 CAMINO DE LOS MARES B24-2465 ADU R
680-061-39
704 CALLE BRISA B B24-2052 ADU R
680-123-01
2957 CALLE FRONTERA B B24-1514 ADU R
680-221-21
873 CALLE VALLARTA B24-2427 ADU R
680-222-02
858 CALLE VALLARTA B B24-2598 ADU R
680-322-10 1307 DOMADOR B24-2347 ADU R
680-431-11 2943 BONANZA SB925-377 SFD O
680-621-31 2023 VIA VINA B24-1008 ADU R
690-031-03
103 CALLE PATRICIA A, B B24-1975 ADU R
690-101-13
944 AVENIDA PRESIDIO B22-2540 SFD O
690-192-02
401 E AVENIDA SAN JUAN B B23-2921 ADU R
690-202-02
1802 ENTRADA PARAISO B25-0459 ADU R
690-282-07
201 CALLE DEL JUEGO B B25-1443 ADU R
690-445-15
22 W AVENIDA SAN GABRIEL B24-1249 SFD O
690-501-01
717 CALLE MONSERRAT B B24-2536 ADU R
691-082-03
35546 CAMINO CAPISTRANO IC25-443 ADU R
691-295-08 216 VIA ALEGRE IC25-487 ADU R
691-425-09
216 VIA SOCORRO B B24-1455 ADU R
692-044-25 501 ELENA LN B22-0658 2 to 4 R
692-051-14 314 ENCINO LN C B21-0271 ADU R
692-052-07 300 ENCINO LN DP24-500 ADU R
692-052-07 300 ENCINO LN DP24-500 SFD O
692-062-18 236 W EL PORTAL TPM25-164 2 to 4 O
692-062-19 238 W EL PORTAL B24-1856 ADU R
692-062-23 246 W EL PORTAL B24-0082 2 to 4 R
692-063-09
245 W EL PORTAL DR B24-0857 2 to 4 R
692-073-21
211 W ESCALONES B25-2645, IC25-525 ADU R
692-075-10 230 W MARQUITA IC25-492 ADU R
692-082-33
244 W ESCALONES 202 B21-0675 ADU R
692-091-03
240 W MARIPOSA D B24-1694 ADU R
692-091-04
238 W MARIPOSA C B23-1544 ADU R
692-094-05 241 LA PALOMA D B24-2142 ADU R
692-142-37
111 TRAFALGAR LN B B24-1980 ADU R
692-151-04
147 AVENIDA BARCELONA B B24-0886 ADU R
692-152-19
103 ESPLANADE B B22-0666 ADU R
692-211-14
121 AVENIDA PRINCESA B24-1179 SFD O
692-211-43 1611 S OLA VISTA B24-1791 ADU R
692-221-28
220 W AVENIDA VALENCIA B23-2546 ADU R
692-232-15 1304 S OLA VISTA B24-0620 ADU R
692-242-15
210 W PASEO DE CRISTOBAL IC25-384 ADU R
692-253-25
212 AVENIDA BARCELONA B24-2266 ADU R
Cells in grey contain auto-calculation formulas
89 Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely LowIncome
Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
0 0 5 019010 13 47 0 0 0 0 0 0 017
Affordability by Household Incomes - Certific
7 10
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits
1 3/31/2025 1 1
1 1/13/2025 11 2/12/2025 11 5/1/2025 1
1 5/1/2025 1
1 3/3/2025 1
0 1 3/25/2025 1 1
1 2/27/2025 1
0 1 5/12/2025 1
1 11/5/2025 11 11/10/2025 1
1 1/21/2025 1
1 6/17/2025 1
00 1 3/25/2025 1
0 1 10/23/2025 1
0000 1
2 7/9/2025 22 5/1/2025 2
000
1 4/8/2025 1
0 1 2/5/2025 1
1 3/19/2025 1
000
1 2/3/2025 1
00 10
1 4/14/2025 1
24 355
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
680-021-05
868 CAMINO DE LOS MARES B24-2465 ADU R
680-061-39
704 CALLE BRISA B B24-2052 ADU R
680-123-01
2957 CALLE FRONTERA B B24-1514 ADU R
680-221-21
873 CALLE VALLARTA B24-2427 ADU R
680-222-02
858 CALLE VALLARTA B B24-2598 ADU R
680-322-10 1307 DOMADOR B24-2347 ADU R
680-431-11 2943 BONANZA SB925-377 SFD O
680-621-31 2023 VIA VINA B24-1008 ADU R
690-031-03
103 CALLE PATRICIA A, B B24-1975 ADU R
690-101-13
944 AVENIDA PRESIDIO B22-2540 SFD O
690-192-02
401 E AVENIDA SAN JUAN B B23-2921 ADU R
690-202-02
1802 ENTRADA PARAISO B25-0459 ADU R
690-282-07
201 CALLE DEL JUEGO B B25-1443 ADU R
690-445-15
22 W AVENIDA SAN GABRIEL B24-1249 SFD O
690-501-01
717 CALLE MONSERRAT B B24-2536 ADU R
691-082-03
35546 CAMINO CAPISTRANO IC25-443 ADU R
691-295-08 216 VIA ALEGRE IC25-487 ADU R
691-425-09
216 VIA SOCORRO B B24-1455 ADU R
692-044-25 501 ELENA LN B22-0658 2 to 4 R
692-051-14 314 ENCINO LN C B21-0271 ADU R
692-052-07 300 ENCINO LN DP24-500 ADU R
692-052-07 300 ENCINO LN DP24-500 SFD O
692-062-18 236 W EL PORTAL TPM25-164 2 to 4 O
692-062-19 238 W EL PORTAL B24-1856 ADU R
692-062-23 246 W EL PORTAL B24-0082 2 to 4 R
692-063-09
245 W EL PORTAL DR B24-0857 2 to 4 R
692-073-21
211 W ESCALONES B25-2645, IC25-525 ADU R
692-075-10 230 W MARQUITA IC25-492 ADU R
692-082-33
244 W ESCALONES 202 B21-0675 ADU R
692-091-03
240 W MARIPOSA D B24-1694 ADU R
692-091-04
238 W MARIPOSA C B23-1544 ADU R
692-094-05 241 LA PALOMA D B24-2142 ADU R
692-142-37
111 TRAFALGAR LN B B24-1980 ADU R
692-151-04
147 AVENIDA BARCELONA B B24-0886 ADU R
692-152-19
103 ESPLANADE B B22-0666 ADU R
692-211-14
121 AVENIDA PRINCESA B24-1179 SFD O
692-211-43 1611 S OLA VISTA B24-1791 ADU R
692-221-28
220 W AVENIDA VALENCIA B23-2546 ADU R
692-232-15 1304 S OLA VISTA B24-0620 ADU R
692-242-15
210 W PASEO DE CRISTOBAL IC25-384 ADU R
692-253-25
212 AVENIDA BARCELONA B24-2266 ADU R
Streamlining Historic Sites Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
11 12 13 14 15 16 17 18 19 20
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of Occupancy
or other
forms of
readiness
Please select the
state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
013 13 43 0
cates of Occupancy Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed U 12/16/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y0 SB 9 (2021) - Residential Lot Split No Y 9/29/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 1 6/27/2025 1 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 1 10/14/2025 1 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 2 8/7/2025 2 NONE No Y
1 10/23/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y0 NONE No Y 2/5/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y0 NONE No Y0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE Yes - Local Y Based on SCAG ADU affordability analysis document 1 5/28/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 1 9/24/2025 1 NONE No Y Based on SCAG ADU affordability analysis document1 8/20/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 11/24/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 2/19/2025 1 NONE No Y Based on SCAG ADU affordability analysis document1 1/23/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 11/13/2025 1 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document 1 8/22/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 2/24/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y Based on SCAG ADU affordability analysis document 25 356
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
680-021-05
868 CAMINO DE LOS MARES B24-2465 ADU R
680-061-39
704 CALLE BRISA B B24-2052 ADU R
680-123-01
2957 CALLE FRONTERA B B24-1514 ADU R
680-221-21
873 CALLE VALLARTA B24-2427 ADU R
680-222-02
858 CALLE VALLARTA B B24-2598 ADU R
680-322-10 1307 DOMADOR B24-2347 ADU R
680-431-11 2943 BONANZA SB925-377 SFD O
680-621-31 2023 VIA VINA B24-1008 ADU R
690-031-03
103 CALLE PATRICIA A, B B24-1975 ADU R
690-101-13
944 AVENIDA PRESIDIO B22-2540 SFD O
690-192-02
401 E AVENIDA SAN JUAN B B23-2921 ADU R
690-202-02
1802 ENTRADA PARAISO B25-0459 ADU R
690-282-07
201 CALLE DEL JUEGO B B25-1443 ADU R
690-445-15
22 W AVENIDA SAN GABRIEL B24-1249 SFD O
690-501-01
717 CALLE MONSERRAT B B24-2536 ADU R
691-082-03
35546 CAMINO CAPISTRANO IC25-443 ADU R
691-295-08 216 VIA ALEGRE IC25-487 ADU R
691-425-09
216 VIA SOCORRO B B24-1455 ADU R
692-044-25 501 ELENA LN B22-0658 2 to 4 R
692-051-14 314 ENCINO LN C B21-0271 ADU R
692-052-07 300 ENCINO LN DP24-500 ADU R
692-052-07 300 ENCINO LN DP24-500 SFD O
692-062-18 236 W EL PORTAL TPM25-164 2 to 4 O
692-062-19 238 W EL PORTAL B24-1856 ADU R
692-062-23 246 W EL PORTAL B24-0082 2 to 4 R
692-063-09
245 W EL PORTAL DR B24-0857 2 to 4 R
692-073-21
211 W ESCALONES B25-2645, IC25-525 ADU R
692-075-10 230 W MARQUITA IC25-492 ADU R
692-082-33
244 W ESCALONES 202 B21-0675 ADU R
692-091-03
240 W MARIPOSA D B24-1694 ADU R
692-091-04
238 W MARIPOSA C B23-1544 ADU R
692-094-05 241 LA PALOMA D B24-2142 ADU R
692-142-37
111 TRAFALGAR LN B B24-1980 ADU R
692-151-04
147 AVENIDA BARCELONA B B24-0886 ADU R
692-152-19
103 ESPLANADE B B22-0666 ADU R
692-211-14
121 AVENIDA PRINCESA B24-1179 SFD O
692-211-43 1611 S OLA VISTA B24-1791 ADU R
692-221-28
220 W AVENIDA VALENCIA B23-2546 ADU R
692-232-15 1304 S OLA VISTA B24-0620 ADU R
692-242-15
210 W PASEO DE CRISTOBAL IC25-384 ADU R
692-253-25
212 AVENIDA BARCELONA B24-2266 ADU R
Notes
21 22 23 24 25
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
Units Density Bonus
26 357
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Table A2
23 56
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Acutely LowIncome Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
Low- Income
Deed
Restricted
Extremely
Low- Income
Non Deed
Restricted
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved
# of Units
issued
Entitlements
Acutely LowIncome Deed
Restricted
Acutely
LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Summary Row: Start Data Entry Below 0 0 0 0 0 2 0 3 0 6 7 18 0 0 0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 692-263-02
251 VISTA MARINA B25-0564 ADU R 0
692-282-09
314 W AVENIDA GAVIOTA IC25-406 SFD O 1 10/6/2025 1
692-293-25
219 CALLE SERENA B B23-0930 ADU R 0
692-303-12
526 W AVENIDA DE LOS LOBOS MARINOS IC25-262 ADU R 1 7/14/2025 1 692-371-28
1614 CALLE LAS BOLAS B25-0566 ADU R 0
692-382-07
139 AVENIDA PELAYO IC25-030 ADU R 1 1/24/2025 1
701-041-40
120 CALLE AMISTAD 1000, 1110 B23-0757 ADU R 0
701-231-38
41 VIA CANCION B B24-1897 ADU R 0
701-341-01
120 CRISTIANITOS RD 1300 B23-0758 ADU R 0
701-363-04
31 CALLE AVEITUNA B B23-0490 ADU R 0
27 358
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
692-263-02
251 VISTA MARINA B25-0564 ADU R
692-282-09
314 W AVENIDA GAVIOTA IC25-406 SFD O
692-293-25
219 CALLE SERENA B B23-0930 ADU R
692-303-12
526 W AVENIDA DE LOS LOBOS MARINOS IC25-262 ADU R
692-371-28
1614 CALLE LAS BOLAS B25-0566 ADU R
692-382-07
139 AVENIDA PELAYO IC25-030 ADU R
701-041-40
120 CALLE AMISTAD 1000, 1110 B23-0757 ADU R
701-231-38
41 VIA CANCION B B24-1897 ADU R
701-341-01
120 CRISTIANITOS RD 1300 B23-0758 ADU R
701-363-04
31 CALLE AVEITUNA B B23-0490 ADU R
Cells in grey contain auto-calculation formulas
89 Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building
Permits Date
Issued
# of Units Issued
Building Permits
Acutely LowIncome
Deed
Restricted
Acutely LowIncome Non
Deed
Restricted
Extremely
LowIncome
Deed
Restricted
Extremely
LowIncome Non
Deed
Restricted
Very LowIncome
Deed
Restricted
Very LowIncome
Non Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
0 0 5 019010 13 47 0 0 0 0 0 0 017
Affordability by Household Incomes - Certific
7 10
Note: "+" indicates an optional field
Affordability by Household Incomes - Building Permits
1 9/4/2025 1
0 1 1/14/2025 1
0 1 7/14/2025 1
00 1 1/22/2025 1
00 28
359
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
692-263-02
251 VISTA MARINA B25-0564 ADU R
692-282-09
314 W AVENIDA GAVIOTA IC25-406 SFD O
692-293-25
219 CALLE SERENA B B23-0930 ADU R
692-303-12
526 W AVENIDA DE LOS LOBOS MARINOS IC25-262 ADU R
692-371-28
1614 CALLE LAS BOLAS B25-0566 ADU R
692-382-07
139 AVENIDA PELAYO IC25-030 ADU R
701-041-40
120 CALLE AMISTAD 1000, 1110 B23-0757 ADU R
701-231-38
41 VIA CANCION B B24-1897 ADU R
701-341-01
120 CRISTIANITOS RD 1300 B23-0758 ADU R
701-363-04
31 CALLE AVEITUNA B B23-0490 ADU R
Streamlining Historic Sites Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
11 12 13 14 15 16 17 18 19 20
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of Occupancy
or other
forms of
readiness
Please select the
state
streamlining
provision the
project was

APPROVED
pursuant to.
(may select
multiple)
Is this project
located on a site
with an
associated
historical
designation as
outlined in
Government
Code Section
65400(a)(2)(N)
and reported on
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined the
units were affordable
(see instructions)
Term of Affordability
or Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destro
yed Units
Demolished
or Destroyed
Units
013 13 43 0
cates of Occupancy Housing with Financial Assistance and/or Deed Restrictions Demolished/Destroyed U 0 NONE No Y Based on SCAG ADU affordability analysis document 0 NONE No Y
1 8/20/2025 1 NONE No Y
0 NONE No Y Based on SCAG ADU affordability analysis document0 NONE No Y0 NONE No Y Based on SCAG ADU affordability analysis document 1 11/12/2025
1 NONE No Y Based on SCAG ADU affordability analysis document 1 5/28/2025 1 NONE No Y Based on SCAG ADU affordability analysis document1 11/14/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 1 5/1/2025 1 NONE No Y Based on SCAG ADU affordability analysis document 29 360
San Clemente
2025 (Jan. 1 - Dec. 31)
6th Cycle 10/15/2021 - 10/15/2029
23 Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
art Data Entry Below
1 Project Identifier Unit Types
692-263-02
251 VISTA MARINA B25-0564 ADU R
692-282-09
314 W AVENIDA GAVIOTA IC25-406 SFD O
692-293-25
219 CALLE SERENA B B23-0930 ADU R
692-303-12
526 W AVENIDA DE LOS LOBOS MARINOS IC25-262 ADU R
692-371-28
1614 CALLE LAS BOLAS B25-0566 ADU R
692-382-07
139 AVENIDA PELAYO IC25-030 ADU R
701-041-40
120 CALLE AMISTAD 1000, 1110 B23-0757 ADU R
701-231-38
41 VIA CANCION B B24-1897 ADU R
701-341-01
120 CRISTIANITOS RD 1300 B23-0758 ADU R
701-363-04
31 CALLE AVEITUNA B B23-0490 ADU R
Notes
21 22 23 24 25
Demolished/
Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications Given
to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking Waivers
or Parking
Modifications)
Did the project
receive a reduction or
waiver of parking
standards? (Y/N)
Notes+
Units Density Bonus
30 361
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 1 5 5 - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 14 12 19 - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 28 10 19 10 - - - - Above Moderate 348 5 151 7 10 21 13 - - - - 207 141
982
8 153 35 35 57 47 - - - - 335 647
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected] Low - - *For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected] Units*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected] All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 116
Total RHNA
-
119 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income categoryPlease Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Extremely Low - 72 Moderate
282 164 188
45 11
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
271
31 362
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of
Rezone Rezone Type
2 4567 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
32 363
Jurisdiction San Clemente
Reporting Year (Jan. 1 - Dec. 31)
1 2 3 4 5 6 78 9
Name of Program Objective
Projected
Completion Date in
Housing Element
Applicable
Cycle
Status of Program
Implementation Program Implementation Details
Quantified
Outcomes:

Category
Quantified
Outcomes:

Count
Supporting Documents
Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutory deadline, rezone candidate sites with a housing overlay (H) of up to 71.6 acres but at least necessary to accommodate the City’s RHNA shortfall of 244 lower income units, 21 moderate income units, and 277 above moderate income units. The rezoning process will include community outreach, including community outreach for additional potential rezone sites if the candidate sites become unavailable. 12/12/2024 6th Cycle Completed
Completed.The City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the previously designated Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity to satisfy the City’s Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible multi-family housing projects in zones where it is permitted. These efforts and others are described further within the attached 2024 APR Other
Program 1: Provide Adequate Sites and Monitoring for No Net Loss 2) Facilitate development on the rezoned sites by establishing appropriate objective development standards (including height limit, number of stories, lot coverage, and parking) that would allow development projects to achieve the allowable densities. Specifically, consistent with City practice, the City will allow development potential to be calculated for the entire site based on gross density, while allowing the residential units/mixed use components to be clustered on portions of the site.
10/1/2029 6th Cycle Continuous Ongoing. The City has adopted Objective Design Standards and continues to monitor sites with development potential. Other Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously to assess its adequacy for meeting the RHNA, particularly for sites capable of facilitating the development of lower income housing. 10/1/2029 6th Cycle Continuous
Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, and provides the site inventory to our list of interested affordable housing developers.

Other
Program 1: Provide Adequate Sites and Monitoring for No Net Loss 4) Make the inventory of vacant and
underutilized sites available to interested developers. Every other year, reach out to developers and property owners to facilitate projects with appropriate parcel sizes, including lot splits or lot consolidation to create appropriately sized parcels (e.g. 0.5 to 10 acres) and/or other incentives or mechanisms to facilitate affordability and meet RHNA requirements. See Programs 3 and 7 for additional housing development outreach. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually
10/1/2029 6th Cycle Continuous
The City has reached out to developers with information about the Sites Inventory and the City's RHNA goals. Staff will continue to reach out to interested parties and extend meeting invitations.

Other

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

Table D
Program Implementation Status pursuant to GC Section 65583 33 364
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.
10/1/2029 6th Cycle Continuous
Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories.

Other
Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 1) For reuse sites, amend the Zoning Ordinance by the end of 2022 and apply a housing overlay to establish by-right approval process as required by AB 1397, which allows the City to require the architecture/design of all projects to meet objective design standards. 12/12/2024 6th Cycle Completed
Completed. In December 2024, the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity that can meet the City’s the Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted. These efforts and others are described further within the attached 2024 APR.

Other
Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 2) Concurrently with the establishment of a housing overlay on candidate sites and within three years of the 6th Housing Element statutory deadline, establish a by-right approval process allowing the City to require the architecture/design of all projects to meet objective design standards. 12/12/2024 6th Cycle Completed
Completed. In December 2024, the City adopted a Housing OverlayThe adoption of the Objective Design Standards included the architectural/design.

Other
Program 2B, SB 35 Streamlining for Projects with Affordable Units 1) Within three years of Housing Element adoption, and no later than October 2024, develop procedures to address the streamlining requirements of SB 35 12/12/2024 6th Cycle Completed
Completed. In December 2024, the City adopted Objective Design Standards (ODS), adopted a Housing Overlay, and made zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts. The Housing Overlay is comprised of the Affordable Housing Overlay that was renamed and expanded to include rezoning sites identified in the Housing Element to provide housing build-out capacity that can meet the City’s the Regional Housing Needs Assessment (RHNA) allocation. The ODS will allow by-right approval of eligible overlay projects and apply to SB35 streamlined housing developments where multi-family housing is permitted. These efforts and others are described further within the attached 2024 APR.

Other
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 3, Lot Consolidation
1) Facilitate lot consolidation via the following: a) by the end of 2022, develop informational materials on the City’s new Lot Consolidation program and promote available incentives to developers, especially to property owners and developers of sites in the Residential Sites Inventory and Candidate Rezone Sites, and b) an ongoing basis, provide technical assistance regarding the lot consolidation process to interested parties. 10/1/2029 6th Cycle Continuous
Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives.

Other
Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate. 12/10/2024 6th Cycle In Progress
CompletedStaff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. 2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers.2b) At this time, the City has deteremined its lot consolidation ordinance is adequate in conjunction with the City's adoption of Objective Design Standards (ODS) in December 2024 that is applied to by-right approval of housing projects in the housing overlay and SB35 streamlined developments. Several small sites are in the housing overlay and can support SB35 streamling projects, in which the ODS apply with a ministerial process. This streamlines the review process, allows for affordable housing projects in the Housing Overlay to follow similar development standards as the underlying zone, such as higher lot coverage, reduced setbacks, etc. that facilitate projects on small sites, and the ODS adjust other requirements to faclitiate development of housing. Overall, these changes provide additional incentive and means to develop housing on more small sites, particularly in the housing overlay where the ODS reduces development standard constraints. The City will continue to evaluate the effectiveness of its regulations, including the lot consolidation ordinance. With the recent adoption of ODS, ahead of the action plan objective timeframe, the City will observe how these changes faciliate development of smaller sites and housing generally toward the City's RHNA.

Other
Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022 to reflect recent changes to the State density bonus law. 12/20/2022 6th Cycle Completed
Completed.The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance.

Other
Program 5, Affordable Housing Overlay
1) Continue to implement the requirements of the Affordable Housing Overlay Zone. 10/1/2029 6th Cycle Continuous Ongoing.1) The City will continue to implement standards of the Housing Overlay adopted in December 2024 that was formerly known as the Affordable Housing Overlay. Other 35 366
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 5, Affordable Housing Overlay
2) Concurrently with the housing overlay in Program 1, and by-right approvals in Program 2A, modify the Affordable Housing Overlay Zone to improve the effectiveness of the Overlay Zone and make amendments as necessary. Specifically, evaluate the effectiveness and create one Housing Overlay (H) with objective design standards, minimum levels of affordable housing units, and byright approval if 20 percent of the units are set aside for lower income (very low and low) households (see Program 2A). As part of this review, amend the development standards for height limits, number of stories, lot coverage, and parking requirements to ensure that development projects have the ability to achieve the allowable densities. The City will invite and engage the community, including the development community, to provide feedback during this process. 12/10/2024 6th Cycle Completed
Completed 2) December 2024, the City adopted a Zoning Amendment to adopt Objective Design Standards, selection of sites previously identified in the Housing Element to be added to the Housing Overlay, and zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts; a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. The Housing Overlay includes the prior affordable housing overlay area and adds the potential rezoning sites identified in the Housing Element.

Other
Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7). 10/1/2029 6th Cycle Continuous
Ongoing.

The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the inlieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units. In 2025, the City will consider changes to the Inclusionary Housing Program (IHP), revisiting recommendations by the consultant retained by the City in 2021 to complete an analysis of the program; which includes recommendations on funding allocation.

Other
Program 6, Inclusionary Housing Program
1) Continue implementation of the Inclusionary Housing Program. 10/1/2029 6th Cycle Continuous Ongoing.
1) The City continues to implement the Inclusionary Housing Program. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate; however the City will pursue the feasibility study according to objective 2. In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe.

Other
Program 6, Inclusionary Housing Program
2) By 2025, the City will retain a consultant to evaluate the effectiveness of Inclusionary Housing Program in facilitating the development of all income levels, and conduct a feasibility study to evaluate increasing the inclusionary housing requirement from 4% very low to 15% (5% very low, 5% low, and 5% moderate). Updates to the Inclusionary Housing Program will reflect the new requirement with a corresponding updated in-lieu fee (paid if affordable units are not provided on-site) to reflect current land and construction costs, and other related updates. 6/1/2026 6th Cycle In Progress
In Progress. The City has contracted Houseal Lavigne Consultants via REAP 2.0 funds with OCCOG and SCAAG to complete the Inclusionary Housing Program and in-lieu fee.

Other
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 7: Affordable Housing Development
1) Proactively encourage and facilitate the development of affordable housing by non-profit organizations for lower income households, particularly those with special needs including large households, seniors, extremely lowincome (ELI) households, and households with persons who have disabilities or developmental disabilities with the goal of creating 446 affordable units for lower income households between 2021 and 2029 (282 extremely low and very low income and 164 low income units, see Program 1). Specifically, the City will:a) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.b) Evaluate, every other year, the City’s Zoning regulations for potential constraints to the development of housing for persons with special needs. 10/1/2029 6th Cycle Continuous
Ongoing.1) Projects are reviewed according to density bonus regulations. The City implements the Inclusionary Housing Program and zoning standards that are to support and facilitate housing, such as allowing housing to be reviewed ministerially with Objective Design Standards adopted in 2024 when proposed in the Housing Overlay or when part of a SB35 application, the lot consolidation ordinance, and other standards adopted according to State housing law, such as density bonus law and ADUs. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2024, the City did not grant entitlements projects that included a density bonus. The City received a building permit application in 2024 for an project entitled in 2023 with a density bonus concession for a setback with to provide a low income unit, not involving a requested density increase.a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction.

Other
Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente. 12/1/2026 6th Cycle In Progress
2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2023, the City entitled an affordable housing project with a density bonus for a setback concession to support the inclusion of 1 low income apartment. The density bonus request did not include an increase in density
Other
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 7: Affordable Housing Development
3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program. 10/1/2029 6th Cycle Continuous Ongoing.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing.

Other
Program 7: Affordable Housing Development
4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing. 10/1/2029 6th Cycle Continuous
4) For long-term affordable housing, in December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. The review process involved collboration with affordable housing developers and public hearings. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter
Meetings
Program 7: Affordable Housing Development
5) Annually, evaluate available housing funding programs administered by the State HCD and if appropriate, pursue funding for affordable housing (new construction, acquisition/rehabilitation, infrastructure improvements, and other housing assistance). 10/1/2029 6th Cycle Continuous
Ongoing.The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually.

Other
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary. 2/1/2021 6th Cycle Continuous
Ongoing:1) The City has a permit tracking system to inventory ADUs so staff can monitor progress towards its construction goals. The City reviews and permits Accessory Dwelling Units (ADUs) in conformance with State law. Staff continues to improve public information on ADU standards on the City website and handouts. Since 2021, the City has issued permits for 118 ADUs.

Units 118
Program 8: Accessory Dwelling Units (ADUs)
2) Facilitate ADU construction through:
a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of pre-approved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.
10/1/2029 6th Cycle Continuous
2) The City is member of the Orange County Council of Governments that has funded several initiatives to support ADUs including an ADU website, calcualtor, and resources for preapproved plans; among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction.

Units
Program 9: Pursue Funding Sources and Programs
1) Continue to apply for and administer CDBG grants annually. 10/1/2029 6th Cycle Continuous Ongoing.1) In FY 25/26 the City granted and administered $46,630 in CDBG funds to five organizations that provide services for fair housing, case management, food, health care, rent and utility assistance, and transitional housing services. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships.

Other
Program 9: Pursue Funding Sources and Programs
2) Pursue funding from sources such as the Permanent Local Housing Allocation (PLHA), CalHome or CalHFA to assist in housing rehabilitation, homeownership, and ADU development. 10/1/2029 6th Cycle Continuous
2) The City received $485,000 (2021 and 2022 allocation) in 2025 from PLHA to continue key Community Outreach efforts to provide key recources to the unsheltered population. Other Program 9: Pursue Funding Sources and Programs
3) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan. 10/1/2029 6th Cycle Continuous
3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually.

Other
Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing
1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or longterm permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029. 10/1/2029 6th Cycle Continuous
Ongoing.
1) In December 2024, the City adopted zoning changes for a Housing Overlay and Objective Design Standards to implement action plan objectives to facilitate development of affordable housing. This process included outreach with affordable housing developers on opportunities to facilitate housing production. The adopted Housing Overlay includes the potential rezoning sites in the Housing Element to provide adequate site capacity to meet or exceed the City's RHNA. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.

Meetings
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers. 10/1/2029 6th Cycle Continuous
2) The City colloborates with the Fair Housing Foundation and implements a fair housing services grant program with CDBG funding. The City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on a list to maintain and expand through the planning period.

Other
Program 11: Sustainable Policies
1) Continue to implement the Sustainability Action Plan.2) Continue to promote resident participation in available PACE programs by providing links to these programs on City website. 10/1/2029 6th Cycle Continuous
Ongoing.The City will provide links on its website and continue to implement the Sustainablity Action Plan. As an implemention measure, the City requires housing development to comply with current Green Building Codes to ensure energy and water conservation and require new units to have solar-ready roofs.

Other
Program 12: Affirmatively Furthering Fair Housing
1) Implement the City's actions for addressing fair housing issues and concerns identified in Table 5-2. 10/1/2029 6th Cycle Continuous
Ongoing.

The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2024/2025, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Family Assistance Ministries about fair housing services. In total, we distributed 2,013 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station
Other
Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing funds annually. 10/1/2029 6th Cycle Continuous Ongoing.
1) The City continues to offer grant applications to prospective social service subrecipients. Each of the organization’s applications are then reviewed by the City’s designated Human Affairs committee for the City's Public Services Loan Grant and are approved based on parameters set forth by HUD that address priority needs, including but not limited to safety net programs for lower income households as well as community needs. For 2025, $46,630 was allocated for six (6) organizations.

Other
Program 13: Social Services Grant Program
2) Provide assistance to approximately 2,000 persons with special needs, including homeless, seniors and disabled persons, on an annual basis through grant awards. 10/1/2029 6th Cycle Continuous
2) As identified in the City's Annual Action Plan, more than 2,000 persons will be assisted as a result of CDBG funds awarded to subrecipients via the City's Public Services Grant. Organizations such as Age Well Senior Services offers the Meals on Wheels program that assists seniors throughout the City. Parentis Health Foundation is another subrecipient that offers valuable literacy and tutoring service for children who need assistance with reading comprehension. Lastly, Camino Heath offered heavily reduced costs for medical and pediatric dental care to low income members of the community, including many of whom were homeless.

Persons
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Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 14: Zoning Ordinance Amendments
1) Complete the above necessary amendments to the Zoning Ordinance by the end of 2022, except where otherwise noted. 12/20/2022 6th Cycle Completed
Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.

Other
Program 14: Zoning Ordinance Amendments
2) Monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process. 10/1/2029 6th Cycle Continuous
Ongoing.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. In 2024, the City adopted several zoning changes, described above for objective 1. As of March 2026, the City is to present two code amendments to the Planning Commission for City Council recommendation: the ADU ordinance, the two-unit project ordinance, and the urban lot split ordinance.

Other
Program 15: Monitoring of Emergency Shelter Overlay
1) Provide information to property owners and tenants in the Rancho San Clemente Business Park regarding the ES Overlay, including the purpose and intent behind the requirement to accommodate emergency shelter sites in the City. 10/1/2029 6th Cycle Continuous
Ongoing.1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.

Meetings
Program 15: Monitoring of Emergency Shelter Overlay
2) Evaluate the rideshare program annually and work with the vendor to improve the program or find alternatives to the program. 10/1/2029 6th Cycle Continuous
2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3, 2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. San Clemente continued to offer the service in 2023 during the pandemic that decreased demand for public transportation services. In 2025, approximately 36,693 rides were provided as of December 31, 2025. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addition or instead of the toll free phone number. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users.

Other
Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) 10/1/2029 6th Cycle Continuous
The subsidized cost for the SC Rides services is a 50-50 cost share with OCTA, with a maximum OCTA contribution of $150,000 per year. The City covers 50% of teh program cost to match the OCTA $150,000 and 100% of any cost above that threshold. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location
Other
41 372
1 2 345 6 78 9
Name of Program Objective
Projected
Completion Date in
Housing Element
Applicable
Cycle
Status of Program
Implementation Program Implementation Details
Quantified
Outcomes:

Category
Quantified
Outcomes:

Count
Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
3) In the event an emergency shelter is
proposed, the City will work with the social service providers and shelter proponents to determine if the rideshare program serves as a feasible transportation option, or secure other alternatives while avoiding burden and costs on the applicants.4) Should an emergency shelter locate in the business park, the City would work with or partner with the emergency shelter operator to evaluate and implement options for providing transit service to and from the emergency shelter from existing transit routes
10/1/2029 6th Cycle Continuous
Ongoing. 3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described.

Units
https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/16606/1402072/pdf Program 15: Monitoring of Emergency Shelter Overlay
5) At least every two years and as emergency shelters are proposed, assess and update the City’s unmet homeless shelter needs, upon review and analysis of reliable data and consideration of input from service providers and public input in a City Council meeting. The unmet homeless shelter needs will be updated when:a) Results of the Biannual Homeless Census (point-in-time) conducted by the Orange County Continuum of Care are available. Annually, the City will participant in the Homeless Census to obtain a specific homeless count for San Clemente, with specific counts for sheltered versus unsheltered homeless.b) Emergency shelters will be allowed without discretionary action until the unsheltered homeless need identified in this assessment is met and continue to be permitted through a discretionary review process. 12/18/2025 6th Cycle Continuous
Completed.This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2024, which found that there are 65 unsheltered homeless and 36 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 16 compared to the 2022 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City to-date hasn't found interest from shelter providers in establishing a shelter in San Clemente. Through a 2021 survey, the City found that shelter operators would not allow homeless persons from other cities to utilize available beds. San Clemente is supportive of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered.

Other
https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/16606/1402072/pdf Program 15: Monitoring of Emergency Shelter Overlay
c) Significant changes in the housing market conditions occur that would impact the City’s homeless shelter needs between the Homeless Censuses. The City will consult homeless service providers to establish the appropriate modifications to the established unmet homeless shelter needs.d) Significant changes to the City’s homeless strategy occur, such as funding available for homeless housing programs that would reduce the unmet shelter needs. 12/18/2025 6th Cycle Continuous Same as row above. Other https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/16606/1402072/pdf 42 373
1 2 345 6 78 9
Name of Program Objective
Projected
Completion Date in
Housing Element
Applicable
Cycle
Status of Program
Implementation Program Implementation Details
Quantified
Outcomes:

Category
Quantified
Outcomes:

Count
Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bedlimit, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services. 12/9/2025 6th Cycle Completed
CompletedIn 2025, the City adopted the ESO ordinance with updates in bedlimits, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count.

Other
https://mcclibraryfunctions.azurewebsites.us/api/ordinanceDownload/16606/1402072/pdf Program 16: Neighborhood Revitalization Program
1) Continue to implement the Neighborhood Revitalization Program and advertise at least annually the availability of this program to eligible residents and property owners by announcing in City magazines, placing flyers at all City buildings, posting on City website and social media. Code Enforcement also refers eligible property owners to the City’s various programs for assistance. 10/1/2029 6th Cycle Continuous
Ongoing.1) The City continues to provide CDBG funding for the Housing Rehabilitation Program. Though no loans or grants were awarded in 2025, the City remains committed to providing these services. The program is now active is set to provide funding for (3) loans this fiscal year (FY25/26). Recent federal government shutdowns and executive orders have delayed funding and administration of the program.

Other
Program 16: Neighborhood Revitalization Program
2) Provide 20 loans through the Home Rehabilitation Program during the Housing Element planning period. 10/1/2029 6th Cycle In Progress 2) Per Program 15 of the City's Housing Element, the objective would be to provide (40) loans to further Neighborhood Revitalization efforts. Within this current cycle, the City has issued a combined total of (16) loans/grants to qualified applicants meeting HUD's lowincome parameters. With new efforts to strengthen the program, which is set to relaunch in the next several weeks, the City is confident it will remain on schedule to meet the programs objective.

Other
Program 16: Neighborhood Revitalization Program
3) Annually, explore and pursue if appropriate, housing funding programs administered by the State HCD to expand the City’s Neighborhood Revitalization Program. 10/1/2029 6th Cycle Continuous
3) The City remains committed to searching for new ways to address neighborhood revitalization. To support this goal, the City has contracted with a consultant to identify all available grants, including those that fall within the scope of revitalization efforts. In addition to our allocations from CDBG for rehabilitation and PLHA, we continue to engage key members of the community who need assistance. Our efforts focus on offering resources for home rehabilitation and providing community outreach to serve the unhoused, ensuring that our neighborhood revitalization initiatives benefit all residents.

Other
Program 17: Preserve AtRisk Housing
1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission. 10/1/2029 6th Cycle Continuous The City maintains a contact list to monitor status of affordable units with property managers. Units 43 374
1 2 345 6 78 9
Name of Program Objective
Projected
Completion Date in
Housing Element
Applicable
Cycle
Status of Program
Implementation Program Implementation Details
Quantified
Outcomes:

Category
Quantified
Outcomes:

Count
Supporting Documents
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 17: Preserve AtRisk Housing 2) Ensure property owners adhere to new state noticing requirements prior to conversion – three- year, one-year, and six-month notices are required.
10/1/2029 6th Cycle Continuous
Staff evaluates units at risk of converting to market rate housing, and none of the affordable housin gunits are at risk within the 10 year planning period (2021-2029) Units
Program 17: Preserve AtRisk Housing
3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the at- risk units as affordable units. 10/1/2029 6th Cycle Continuous
The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff attended the HCD conference in November 2025 and contacted developers that may be interested in developing housing in the City.

Persons
Program 17: Preserve AtRisk Housing
4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9. 10/1/2029 6th Cycle Continuous
Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.

Other
Program 17: Preserve AtRisk Housing
5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12. 10/1/2029 6th Cycle Continuous
Ongoing.

The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2024/2025, FHF engaged with staff from City of San Clemente Business License Department and actively participated in the Cinco de Mayo Fiesta, where we hosted a resource table to discuss services, distribute literature, and answer housing-related questions. Additionally, FHF conducted a Fair Housing Workshop, educating participants on Fair Housing laws, landlord/tenant rights and responsibilities, and recent housing protections. FHF also provided a presentation to the Family Assistance Ministries about fair housing services. In total, we distributed 2,013 pieces of Fair housing literature in English and Spanish and sent public service announcements to be aired on the City's cable station
Persons
44 375
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report
45 January 2020
376
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

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

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

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report
46 January 2020
377
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (2 to 4,5+) Tenure R=Renter Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderat e- Income Total Moderate Income Units Converted from Above Moderate Date Converted Notes Summary Row: Start Data Entry Below 0 0 0 0 0 00 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA 47 378
Jurisdiction San Clemente
Reporting Period 202 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. 48 379
Jurisdiction San Clemente Note: "+" indicates an optional field Reporting Period 2025
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 23 4 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 678-163-01 Avenida La Pata/West Avenida Vista Hermosa Vacant Surplus Land 2.29690-372-03 754 Avenida Acapulco Vacant Surplus Land 0.17690-012-01 100 Avenida Presidio Vacant Surplus Land 2.89690-012-02 100 Avenida Presidio Vacant Surplus Land 1.82 NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 49 380
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2025 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report
50 January 2020
381
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2025 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
No
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
51 382
Jurisdiction San Clemente
Note: "+" indicates an
optional field
Reporting
Period 2025
(Jan. 1 - Dec.
31)
auto-calculation formulas
Size Notes
34 APN Street Address/Intersection Date of Designation Designation Level Historic Site Period Areas of Significance Parcel Size (in acres) Notes Summary Row:
692-051-12 310 Encino Lane 12/3/2025 Local 1900 to Present Architecture 0.13 NOTE: This table needs to be completed with any sites within your jurisdiction that were newly added to a National, State, or Local register of historic places within the reporting year. If none, leave blank.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table L
Historical Resources
Parcel Identifier
1 Designation
2 52
383
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: 10F.
384
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 17, 2026 Agenda Item: (1)
385

CITY OF SAN CLEMENTE
Tuesday, March 3, 2026
City Council
Special and Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session (Special Meeting)
5:30 p.m. - Business Meeting (Regular Meeting)
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Loeffler on March 3, 2026 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, to recess to Closed Session at 5:00 p.m. to discuss the following:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

BUSINESS MEETING

INVOCATION
Andrew Selley, Lead Elder, Joshua Generation Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Enmeier led the Pledge of Allegiance.