ORDINANCE NO. 1803
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 25-547 AMENDING CERTAIN SECTIONS AND TABLES OF TITLE 2 - ADMINISTRATION AND PERSONNEL, TITLE 12 - STREETS, SIDEWALKS, AND PUBLIC SPACES, TITLE 16 - SUBDIVISIONS, AND TITLE 17 - ZONING OF THE SAN CLEMENTE MUNICIPAL CODE; TO STREAMLINE REVIEW PROCESSES FOR VARIOUS TYPES OF PROJECTS, AND CLARIFY CODE SECTIONS; AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND 15378(B)(5) WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:
On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”); On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251; On December 17, 2019, the San Clemente City Council adopted GPA 19-291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”); and On October 18, 2022, the City Council adopted GPA 21-238, SPA 21-239, ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241, and approved EIR Addendum No. 4 (the “2022 Addendum”).
WHEREAS, on May 20, 2025, the City Council initiated Zoning Amendment 25-547 (the “Project”) to Title 2, Title 12, and Title 17 (Zoning) of the San Clemente Municipal Code to:
Remove public hearing decisions for planning application types that are currently subject to Zoning Administrator review, and make them subject to City Planner approval, while requiring a notice of future decision to properties within 300 feet from the subject property and allowing a member of the public to request an administrative hearing before the Community Development Director, acting as the Zoning Administrator, if such request is made within 10 days from receiving the notice. City Planner and Zoning Administrator decisions can still be appealed to the City Council by the public and the City Council may call up their decisions; Restore the appeals process that existed prior to 2023, where only the City Council could call up Zoning Administrator decisions. In 2023, the Planning Commission was given new authority to call up Zoning Administrator approvals, in addition to the City Council. This can extend the review process if the Planning Commission calls up a decision or if Planning Commission meetings are canceled, preventing the opportunity to review recent actions; Allow staff to approve four or less signs under 25 total square feet in the Architectural Overlay, including new buildings without a master sign program. Currently, Planning Commission approval is needed to allow any signs on new nonresidential buildings with a master sign program; 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; 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; Amend lighting standards to clarify which lights are code-compliant, and consistent with the General Plan Dark Skies Policies that focus on reducing light trespass and pollution.
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; Change “Design Review Subcommittee” references to “Cultural Heritage Subcommittee” when related to the designation of historic resources; Make the following changes to 17.28.206 - Temporary Parklet Dining for compliance with recent changes in State Law:
Subsection A: insert …. “(AB1217), extended by AB 592, which”… Subsection B: change the expiration date from July 1, 2026 to “January 1, 2029”; and 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.
WHEREAS, this Ordinance (the “Ordinance”) amends various provisions within Title 2, Title 12, Title 16, and Title 17 of the San Clemente Municipal Code (“SCMC”) to effectuate the Project and the City Council’s directives on the same, with the exception of changes to Zoning Ordinance Section 17.28.206 – Temporary Parklet Dining, and Section 17.24.130 – Lighting; and WHEREAS, the City, as Lead Agency, conducted an environmental review of the proposed SCMC amendments for compliance with the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines; and WHEREAS, on December 17, 2025, and January 21, 2026, the Planning Commission held a duly noticed public hearing on the Ordinance, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council in favor of adoption; and WHEREAS, on March 17, 2026, the City Council held a duly noticed public hearing, considered evidence presented by City staff including the Ordinance and exhibits attached thereto, and heard all interested parties wishing to be heard; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby 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 fully set forth in this Ordinance.
SECTION 2. Compliance with the California Environmental Quality Act.
Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the City Council finds the amendments are not a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5) because the revisions relate to the ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.). Additionally, the amendments are exempt from CEQA under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clarify the application review process and streamline several procedures. The proposed changes do not change land use designations or increase the type, density, or land use impacts of potential development.
SECTION 3. Zoning Amendment Findings.
With respect to ZA 25-547, the City Council finds the following with respect to the amendments to the Zoning Ordinance:
The amendments are consistent with the General Plan, in that:
The amendments improve the effectiveness of processes that directly implement goals and policies Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter) pursuant to Government Code Section 65860(c); and The zoning amendments clarify, consolidate, and streamline permit procedures and improve the effectiveness of regulations, making the City’s review process more understandable, predictable, and timely; appropriate to the level of public concern, potential impacts, and nature of projects proposed to implement the General Plan, consistent with Governance Element Policy G-1.01, Effective Governance, “We practice effective governance by adhering to a planning, budgeting, and implementation process which is publicly accessible, understandable, predictable and timely.” The zoning amendments adopting the use provisions and development criteria as proposed will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the City Council’s review, direction, and independent judgement regarding land use.
SECTION 4. SCMC Code Amendments. Title 2, Title 12, Title 16, and Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit “A,” attached hereto and incorporated herein by reference.
SECTION 5. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.
SECTION 6. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.
APPROVED, ADOPTED AND SIGNED this March 17, 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 ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1803 having been regularly introduced at the meeting of [date], was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the [day] of [month and year], and said Ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
Ordinance No. 1803 Page PAGE 2
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