Att. 1a - Exhibit A – Code Amendments (Clean Copy).docx — San Clemente City Council, March 17, 2026

Section 1 Section 2.34.010 is amended to read in its entirety as follows:

2.34.010 Zoning Administrator.

A. Function. The Community Development Director acts as the Zoning Administrator. The Zoning Administrator's function is to provide for streamlined review of minor requests, which are not significant enough to require review by the City Council or Planning Commission, but require administrative hearings for any Process 2 decisions for which the public requests such a hearing. The Zoning Administrator shall perform the duties and functions prescribed in the Zoning Ordinance (Title 17). Refer to Table 17.12.020, Review Authority for Permits and Entitlements, for a list of applications reviewed and acted upon by the Zoning Administrator. The Zoning Administrator may also refer applications to the Planning Commission for review and final action as appropriate.

B. Appointment. The City Manager or Community Development Director may delegate to another City Director or senior member of the Planning Division to serve as the Zoning Administrator, on an infrequent basis, should it become necessary (e.g., illness, vacation).

C. Meeting Schedule. The Zoning Administrator shall hold meetings at least once a month in accordance with the rules of procedure established for the Zoning Administrator by the City Council. The location, dates, time and organization of meetings shall be established by resolution of the Zoning Administrator.

D. Minutes. The minutes of Zoning Administrator meetings will be forwarded to the City Council and Planning Commission for informational purposes.

Section 2 Section 12.20.015 is amended to read in its entirety 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.

Section 3 Section 16.08.060 is amended to read in its entirety 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 hearing 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 City 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.

Section 4 Section 16.12.090 is amended to read in its entirety 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 City requirements.

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. 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.

Section 5 Section 16.40.010 is amended to read in its entirety as follows:

16.40.010 Condominium and time share use or project conversion.

A. Condominium Conversions Allowed. The maximum number of multi-family dwelling rental units that can be converted into condominiums is 25 units per calendar year, in accordance with the following:

1. No 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 the 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.

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.

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.

Section 6 Section 17.12.020 is amended to read in its entirety as follows:

17.12.020 Review Authorities.

This section identifies the review authorities responsible for making decisions on applications required by the Zoning Ordinance.

A. City Council. Refer to Chapter 2.04 for a description of the City Council's function, duties, and powers.

B. Planning Commission. Refer to Chapter 2.32 for a description of the Planning Commission's function, duties, and powers.

C. Zoning Administrator. The Community Development Director, or designee, acts as the Zoning Administrator. Refer to Chapter 2.34 for a description of the Zoning Administrator's function, duties, and powers.

D. The Planning Division. The Planning Division is responsible for the administration of the Zoning Ordinance, including the following functions:
a. Application Process. The Planning Division shall process applications consistent with goals and policies in the General Plan and the Zoning Ordinance. If a project is located in a Specific Plan area, then applications shall also be processed consistent with the Specific Pian. b. Public Information. The Planning Division shall have the responsibility to provide information to the public on provisions and requirements of the Zoning Ordinance. c. Coordination. The Planning Division shall be responsible for coordinating matters related to the administration of this title with other agencies, City departments and divisions, and City boards and commissions. The Planning Division participates in the Development Management Team (DMT), which is a group of City staff from various departments and staff from other agencies (e.g., the Orange County Fire Authority) that meets regularly to coordinate on the review of applications for completeness, consistency with requirements, guidelines, and policies. The DMT also makes non-binding recommendations to the applicable review authority. Unless required by this Title, the City Planner has discretion on whether to bring an application to the DMT for review and a recommendation. d. Application Status Updates. The Planning Division shall provide information to applicants and interested parties on the status of applications.

E. Designated Review Authority for Required Approvals. Refer to Table 17.12.020, Review Authority for Permits or Entitlements, for the review authority designated to act upon applications required by this Title, according to procedures described in Section 17.12.060.

Table 17.12.020
Review Authority for Permits and Entitlements
Permit Application
Review Authority1
Process Levels in
Section 17.12.060
Public Hearings
Administrative Development
Permit
City Planner
Process 1
No
Administrative Sign Permit
City Planner
Process 1
No
Cultural Heritage Permit
See Table 17.16.110
Process 2 ; or

Process 3
No – unless requested
Yes
City Antenna Permit
City Manager
Process 1
No
Coastal Review In-Concept
City Planner
Process 1
No
Conditional Use Permit
Planning Commission, except height exceptions in MU 3.0 and MU 3.3 that require City Council approval
Process 3; or
Process 4
Yes
Yes
Demolition of Historic
Properties
City Council
Process 5
Yes
Designation of Historic
Resources and Landmarks
City Council
Process 5
Yes
Development Agreements
City Council
Process 5
Yes
Development Permit
See Table 17.16.100
Process 2; or
Process 3
No – unless requested
Yes
Discretionary Sign Permit
See Section 17.16.250
Process 2; or
Process 3
No – unless requested
Yes
General Plan Amendment
City Council
Process 5
Yes
Historic Property Preservation
(Mills Act) Agreements
City Council
Process 4
Yes
Home Occupation Permit
City Planner
Process 1
No
Interpretations, Minor
City Planner
Process 1
No
Interpretations, Major
Planning Commission
Process 3
Yes
Minor Conditional Use Permit
City Planner or Zoning Administrator
Process 2
No – unless requested
Minor Exception Permit
City Planner or Zoning Administrator
Process 2
No – unless requested
Short-Term Lodging Unit Zoning Permit
City Planner
Process 1
No
Short-term Apartment Rental Permit
City Planner or Zoning Administrator
Process 2
No – unless requested
Specific Plan Amendment
City Council
Process 5
Yes
Temporary Use Permit
City Planner or Zoning Administrator
Process 1
Process 2
No
No – unless requested
Tentative Parcel Map
See Municipal Code Title 16
Yes
Tentative Tract Maps
See Municipal Code Title 16
Yes
Variance
Planning Commission
Process 3
Yes
Waiver of Development Standards for Historic Resources and Landmarks Planning Commission
Process 3
Yes
Wireless Permit
City Planner
Process 1
No
Zoning Amendment
City Council
Process 5
Yes
1 Refer to Section 17.12.090, Consideration of Concurrent Applications, regarding review of concurrent applications.

Section 7 Section 17.12.060 is amended to read in its entirety as follows:

17.12.060 Decision Process.

Application for permits or other matters shall be acted upon in accordance with one of the five decision processes established shown on Figure 17.12.060.A, except for capital improvement program projects. The subject matter of the development application determines the process that shall be followed for each application. The provisions of Chapter 17.16 that pertain to each permit, map, or other matter describe the decision process in more detail. Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee. Figure 17.12.060.A is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of this Title. This diagram describes the City of San Clemente's processes only, not decision processes that may be required by other agencies such as the California Coastal Commission.

Figure 17.12.060.A, Decision Processes
Process 1 – Staff Decision Without Notice
Application Submitted
Staff Level Review
Staff Decision
Appeal to Planning Commission (Hearing)
Process 2 –Staff Decision With Public Noticing
Application Submitted
Staff Level Review
Public Notice of Future Decision
Staff Decision, or Administrative Hearing (if requested) Appeal to City Council (Hearing)
Process 3 – Planning Commission Decision
Application Submitted
Staff Level Review
Planning Commission Hearing
Appeal to City Council (Hearing)
Process 4 – City Council Decision
Application Submitted
Staff Level Review
City Council Hearing
(Decision Final)
Process 5 - City Council Decision with Planning Commission Recommendation Application Submitted
Staff Level Review
Planning Commission Recommendation Hearing
City Council Hearing
(Decision Final)
* Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

A. Process 1—Staff Decision Without Public Hearing. A Process One decision on an application may be approved or denied by a City staff person specified in Table 17.12.020 or their designee. A public hearing will not be held. A decision may be appealed to the Planning Commission according to Section 17.12.140.

B. Process 2—Staff Decision With Public Noticing. A Process Two decision on an application shall be made as follows:

1. Decision Process. The City Planner may approve, conditionally approve, or deny the application administratively. If an administrative hearing is requested by the public, pursuant to Subsection B.2, the Zoning Administrator, or their designee, is the review authority and may approve, conditionally approve or deny the application at an administrative hearing, pursuant to 17.12.100.C.

2. Public Notification. Notice of a future decision shall be provided to the public according to Section 17.12.100.C. with necessary materials provided by an applicant.

3. Appeals. The decision may be appealed to the City Council according to Section 17.12.140.

C. Process 3—Planning Commission Decision. A Process Three decision on application shall be made as follows:

1. Decision Process. The Planning Commission may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Planning Commission's decision may be appealed to the City Council according to Section 17.12.140.

D. Process 4—City Council Decision.

1. A Process Four decision on an application may be approved, conditionally approved, or denied by the City Council at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Ability to Act as Review Authority for a Lower-Level Process. The City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower-level Process according to Table 17.12.020.

E. Process 5—City Council Decision with Planning Commission Recommendation. A Process Five decision on an application shall be made by the City Council as follows:

1. Planning Commission Recommendation. Before the City Council decision, the Planning Commission shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The hearing may be continued if desired by the Commission to solicit and obtain information needed to make a recommendation. However, the hearing shall be concluded no later than 60 calendar days after the initial hearing date. At the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council to approve, conditionally approve, or deny the application. If the Planning Commission fails to act within this 60-day period the matter shall proceed to City Council without a recommendation.

2. Decision Process. After receiving the Planning Commission's recommendation or expiration of the 60-day time period with no recommendation, the City Council shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The City Council may approve, conditionally approve, or deny the application at the conclusion of the hearing.

F. Referrals to Higher Review Level. A Review Authority has the discretion to refer applications to a higher review level, as follows:

1. The City Planner or Zoning Administrator may refer Process 1 or Process 2 decisions to the Planning Commission, depending on level of public concern anticipated for a matter. If decisions are referred to the Planning Commission, a public hearing and notification shall be required according to Section 17.12.100 Section 8 Section 17.12.090 is amended to read in its entirety as follows:

17.12.090 Consideration of Concurrent Applications.

Applications for a number of requests for one project may be combined and processed concurrently, as long as all applicable processing requirements are satisfied. The purpose of allowing concurrent review is to consolidate final action on the project with the highest review authority responsible for making a decision on the applications for a project. The following shall apply to concurrently processed applications:

A. Public Hearing and Non-Public Hearing Applications. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.

B. City Council and/or Planning Commission as Highest Review Authority. When City Council and/or Planning Commission review is required for at least one of the applications for a project, the final decision on all applications shall be made by the highest review authority.

When the City Council is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the City Council.

When the Planning Commission is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the Planning Commission.

C. Omitting City Planner and Zoning Administrator Review. In order to eliminate redundant review and an unnecessary lengthening of the discretionary review process, it is appropriate to eliminate City Planner or Zoning Administrator review of some applications. When combined applications are being processed for a project, and both Planning Commission and City Planner or Zoning Administrator review are required, City Planner or Zoning Administrator review shall be omitted and Planning Commission review substituted.

Section 9 Section 17.12.100 is amended to read in its entirety as follows:

17.12.100 Hearings and Notification.

A. Purpose. This section defines procedures for public notification when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title.

B. Notice of Public Hearings. A notice of public hearing is required for processes 3 to 5 in Section 17.12.060 that involve a public hearing action by the Planning Commission, or City Council. The City Planner is authorized to advertise and notice Planning Commission public hearings. The City Clerk is authorized to advertise and notice City Council public hearings. Table 17.12.020, Review Authority for Permits and Entitlements, identifies the applications that require a public hearing, as well as the review authorities for applications.

Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and this title, including all of the following requirements which must be complied with at least 10 days prior to the public hearing:

1. Publication. Publication in a newspaper of general circulation in the City of San Clemente; and

2. Mailing Recipients. A notice of public hearing shall be mailed to the following:
a. Owners of property within 300 feet of a site that is the subject of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing in lieu of a mailed or delivered notice; b. Local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected; c. Persons requesting notice of such hearing;
d. The City of San Clemente as owning property within a specified distance from the exterior boundaries of the subject property (radius of notice), unless the City is the sole applicant for the hearing that is the subject of the notice; and

3. Notice Content. At a minimum, the notice of public hearing shall include all of the following:
a. General subject of the public hearing;
b. The location of the property that is the subject of the application; c. The date, time, and place of the public hearing;
d. The Review Authority holding the public hearing; and e. The name, telephone number, and address of the City staff person to contact for additional information.

4. Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant by the Planning Division.

5. Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with this Section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:
a. Mailing and Publication. The City Planner shall be responsible for the affidavit of mailing and publication, if the hearing is held by the Zoning Administrator or Planning Commission. The City Clerk shall be responsible for the affidavit of mailing and publication, if the hearing is held by the City Council. b. Posting. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

C. Notice of a Future Decision for Administrative Permit Decisions. A notice of a future decision is required for administrative projects subject to Process 2 outlined in Section 17.12.060.B. The City Planner is authorized to notice future decisions on administrative projects requiring such notification. Notice of future decisions shall be given at least 10 days prior to the administrative decision as follows:

Notice by Mail. Mailed or delivered to:

Owners of property within 300 feet of a site that is the subject of the administrative project. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City may provide, at the subject applicant’s expense, notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing in lieu of mailed or delivered notice; Persons requesting notice of action on a specified project application; Once notice has been given in accordance with Section 17.12.100.C.1, any person may file written comments or a written request to be heard within ten calendar days of the date of the notice. If a written request to be heard is filed, the City Planner shall:

Schedule an administrative hearing; and
Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subject real property or the owner’s duly authorized agent, the project applicant and/or applicant’s representative, and any person who filed written comments or a written request to be heard.

The noticing requirements specified in Section 17.12.100.B shall apply if an administrative permit is processed concurrently with a permit, entitlement, or action that requires a public hearing.

D. Failure of Any Person to Receive a Mailed Notice. Failure of any person to receive notice according to this Section shall not invalidate any proceedings.

E. Materials for Notice Mailings. Applicants shall provide all necessary materials for each public notice required by this Title, including: one set of stamped, labeled envelopes; a mailing list in label format: a radius map (for mailings); and a signed form certifying all materials are accurate within six months of notice distribution.

Section 10 Section 17.12.120 is amended to read in its entirety as follows:

17.12.120 Reconsideration of an Action on an Application.

A. Decision to Reconsider. Any application or conditions of approval that are acted upon by the City Planner under Process 2, Zoning Administrator, Planning Commission, or City Council may be reconsidered by the decision-making body if all of the following occur:

1. Reconsideration is requested by a member who voted for the prevailing action upon the application;

2. Reconsideration is agreed to by a simple majority of the members voting on this motion to reconsider;

3. The motion to reconsider comes before the adjournment of the meeting at which the original vote was taken, or before the minutes of that meeting are approved by the City Council.

B. Reconsideration. Reconsideration of a previous action by a decision-making body shall be processed in the following manner:

1. The matter shall be publicly noticed in the same manner in which the original notice was given.

2. Reconsideration should take place at the next regularly scheduled meeting of the decision-making body, following the decision to reconsider.

When reconsidering an action, the decision-making authority may review the action anew and is not limited to the original reason Stated for reconsideration.

Section 11 Section 17.12.140 is amended to read in its entirety 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 City Council. 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 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) and (B)(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.

3. 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.

4. 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.

Section 12 Section 17.12.180 is amended to read in its entirety as follows:

17.12.180 Applicant Requests to Change Approved Applications.

Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the City Planner. The City Planner shall make one of the following determinations regarding the request:

A. Insignificant Modifications. If the City Planner determines that the modifications are minor, the modifications may be approved administratively.

B. Significant Modifications Without Public Impact or Concern. If the City Planner determines that the modifications are significant enough to warrant discretionary review but will not have public impacts or cause public concern, then the modifications shall be reviewed under Process 2, pursuant to 17.12.060.B. If the original application for a project required a public hearing, then the review of modifications shall require a public hearing, in accordance with Section 17.12.100, Public Hearing and Notification, of this chapter.

C. Significant Modifications with Public Impact or Concern. If the City Planner determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decision-making authority's review of modifications shall require a public hearing, in accordance with Section 17.12.100, Public Hearing and Notification, of this chapter.

Section 13 Section 17.12.070 is amended to read in its entirety as follows:

17.16.070 Minor Conditional Use Permits.

A. Purpose and Intent. It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the Planning Commission. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process included in Section 17.16.060(A), Conditional Use Permits, Purpose and Intent, of this chapter.

B. Authority. Minor Conditional Use Permits are a Process level 2 Decision as further described in Section 17.12.060.B and subject to the review and appeal processes set forth therein.

C. Applicability. Minor Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. Minor Conditional Use Permits are also required for the following requests:

1. Outdoor dining areas per Section 17.16.205(C), Review Requirements;

2. Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;

3. Waivers of fees/development standards for Historic Resources and Landmarks per Section 17.16.180;

4. Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

5. Parking modifications for the Downtown Parking Study Area, as provided for in Section 17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

6. Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

7. Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

8. Off-site parking according to Section 17.64.110.

9. Shared parking according to Section 17.64.120.

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. 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. Administrative Hearing and Appeal Provisions.
a. Administrative hearing. When applicable, an administrative hearing and notification shall be conducted in compliance with Section 17.12.100.C. b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at an administrative 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.

1. General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

2. Specific Findings. In addition to the general findings required in Subsection (F)l., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:
a. Outdoor dining areas per Section 17.28.205(E), Required Findings; b. Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements),The Downtown Parking Study Area, of this title; c. Parking modifications for outdoor dining for a restaurant, as provided for in Section 17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area. d. Shared Parking findings according to Section 17.64.120.

G. Appeals. An appeal of the action on a Minor Conditional Use 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 Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

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. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Minor Conditional Use Permits which are approved for sale of alcohol for on- or off-site consumption pursuant to Section 17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the City Planner or Zoning Administrator shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on-site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the City Planner or Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the land. The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

Section 14 Section 17.16.090 is amended to read in its entirety 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. Minor Exception Permits are a Process level 2 Decision as further described in Section 17.12.060.B and subject to the review and appeal processes set forth therein.

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;

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.

3. Administrative Hearing and Appeal Provisions.
a. Administrative hearing . When applicable, an administrative hearing and notification shall be conducted in compliance with Section 17.12.100.C. b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at an administrative 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.

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 mixed-use 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.

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.

Section 15 Section 17.16.100 is amended to read in its entirety 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; 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-of-way, 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 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.

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 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 single-family 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 development of vacant parcels created from approval of a Tentative Tract Map .

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 5
Process 3

Process 3
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. 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.

Section 16 Section 17.16.130 is amended to read in its entirety as follows:

17.16.130 City Antenna Permits.

A. Purpose and Intent. The purpose of the City Antenna Permit process is to allow for the streamlined review of requests for all new wireless antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed. The City Antenna Permit review process is intended to prevent the negative impacts of antenna proliferation on City property.

B. Authority. City Antenna Permits are a Process level 2 Decision as further described in Section 17.12.060.B and subject to the review and appeal processes set forth therein.

C. Applicability. A City Antenna Permit shall be required for new antennas on City property that are consistent with the City Wireless Master Plan and conform to the height limitations for the zoning district in which an antenna is proposed Exemption: antennas used by the City. The City Planner initially determines if a project is consistent with the Wireless Master Plan and complies with height limitations. If an antenna does not meet these criteria, then a Conditional Use Permit is required to allow a new antenna on City property.

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. 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.

3. Administrative Hearing and Appeal Provisions.
a. Administrative hearing.. When applicable, an administrative hearing and notification shall be conducted in compliance with Section 17.12.100.C. 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.

4. Lease Agreement Required. If the City Antenna Permit is approved, then City Council approval of a lease agreement is required.

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

1. The proposed project complies with the height limitations of the zoning district in which the project is proposed;

2. The proposed project does not interfere with the transmission or reception of other signals in the City;

3. The proposed project does not create adverse visual impacts to the surrounding area or to the City at large; and

4. The proposed project is consistent with the pre-approved design concepts for City properties identified in the City of San Clemente Wireless Master Plan.

G. Appeals. An appeal of the decision on a City Antenna 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 City Antenna 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. In addition to the general findings in Section 17.12.175, the City may revoke or modify a City Antenna Permit if one or more of the following findings are made:

1. The terms of the lease agreement with the City have not been fulfilled; or

2. The transmission or reception of signals from the antenna interferes with the City communications or other signals in the City.

J. 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.

K. Approval Runs with the Land. The approval of City Antenna Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

Section 17 Section 17.16.146 is amended to read in its entirety as follows:

17.16.146 Short-term Apartment Rental Permit.

A. Purpose and Intent; STAR Permit Required. It is the purpose of the Short-term Apartment Rental ("STAR") permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location do not require discretionary consideration by the Planning Commission. The STAR permit process has as its purpose the same goals for uses described for the Minor Conditional Use Permit process included in Section 17.16.060A. Conditional Use Permits Purpose and Intent of this chapter, with the exception of the owner-specific nature of the permit not running with the land, A STAR permit is required to operate a STAR.

B. Authority. STAR permits are a Process level 2 Decision as further described in Section 17.12.060.B and subject to the review and appeal processes set forth therein.

C. Applicability. A STAR permit is required for each STAR that is located in a residential zone where general STLUs are not permitted as indicated by the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards.

D. Use Requirements. The standards for STLU uses prescribed in Section 17.28.292 shall apply to STAR permits.

E. Submittal Requirements. The submittal requirements for STAR permit applications shall be those required under Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

F. Application Filing, Processing, and Review.

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. Administrative Hearing and Appeal Provisions.
a. Administrative Hearing. When applicable, an administrative hearing and notification shall be conducted in compliance with Section 17.12.100.C. 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.

G. Required Findings. Prior to approval of an application for a STAR permit, all of the following findings shall be made.

1. The proposed use is permitted within the subject zone pursuant to the approval of a STAR 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.

5. The use meets the minimum operating and development standards of Subsections 17.28.292E. and F.

6. The STAR qualifies for an STLU operating license pursuant to Chapter 3.24.

H. Recordation. As a condition of every STLU zoning permit the STLU owner must cause to be recorded with the County Clerk—Recorder, at the owner's expense a "CITY'S RIGHT TO NOTICE OF CHANGE IN OWNERSHIP" covenant. It must state that the property owner covenants to give the City notice of any change in ownership upon conveyance of the property. Notice must be by the owner or by the owner's escrow agent. The STLU zoning permit is void as of the date of conveyance.

I. Modifications Requested by the Applicant. Modifications to approved STAR permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

J. Modifications or Revocations Initiated by the City. The City may change or revoke STLU zoning permits as provided in Section 17.12.175 of this code. The City may also impose penalties and revoke STLU zoning permits and STLU operating licenses pursuant to Sections 3.24.050 through 3.24.067 of this code pursuant to the procedures found therein.

K. Other Review Requirements. The development review process for STLU zoning permit applications, such as time limits on approvals and time extensions, shall be those prescribed by Chapter 17.12, Development Review Process, for general application processing.

L. Approval Does Not Run with the Land. A STAR permit is owner-specific and does not run with the land. Any change of ownership terminates an existing STLU zoning permit and requires a new STLU zoning permit to be issued to the new owner for continued operation of the STLU. A change of ownership shall include but not be limited to the sale of at least 50 percent of the shares in any type of corporation or a change in any of the principal officers in a corporation as determined by the City Manager or his or her designee. Notwithstanding the foregoing, if the permittee is a partnership and one or more of the partners should withdraw, one or more of the remaining partners may acquire by purchase, or otherwise, the interest of the partner or partners who withdrew without effecting a change in ownership, and in such case the permittee shall be deemed to be the surviving partner(s). If the STLU property is held in trust, including in a living trust, then, for purpose of this subsection, ownership terminates upon a change of the primary beneficiary or beneficiaries. If a property owner or owners transfer ownership of a property into a trust, a change of ownership will not be deemed to have occurred as long as every primary beneficiary of the trust was also an owner of the property before the transfer.

Section 18 Section 17.16.150 is amended to read in its entirety 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 17.16.150A—Review Requirements for Temporary Use Permits Threshold for review
City Planner – Process 1
City Planner – Process 2
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:

Up to 2 consecutive days
X
Three or more consecutive days and not to exceed 24 days annually 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 17.16.150A, 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 scheduled Zoning Administrator meeting as a New Business Item.

2. Zoning Administrator review is a Process level 2 Decision as further described in Section 17.12.060.B and subject to the review and appeal processes set forth therein..

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 19 Section 17.16.160 is amended to read in its entirety as follows:

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 post-World 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 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 well-being 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 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 Cultural Heritage Subcommittee of the Planning Commission. Consideration of amendments to the list by the Cultural Heritage Subcommittee shall be agendized at least 72 hours in advance of the hearing. The Cultural Heritage 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 Subcommittee's recommendation to the Planning Commission. b. After the Cultural Heritage 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:

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.

Section 20 Section 17.16.250 is amended to read in its entirety 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.

2. City Planner or Zoning Administrator, under Process 2 pursuant to 17.12.060.B, 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.

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.

3. Hearing and Appeal Provisions.
a. When required, a public or administrative 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 hearing, when required, 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.

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.

Section 21 Section 17.25.250 is amended to read in its entirety as follows:

17.28.250 Recycling Facilities.

A. Purpose and Intent. The purpose of this section is to mitigate the potential safety, aesthetic, and general impacts of recycling facilities and to integrate such facilities into appropriate areas with the least impact to the surrounding community. This section is also meant to provide for the establishment of recycling facilities, as the disposal of recyclable material creates great waste and unnecessarily depletes our limited supply of natural resources. The City desires to encourage the recycling of reusable material.

B. Review Requirements.

1. General Review Requirements. Please refer to the use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

2. Single Application for More than One Site. A single application may be filed for more than one reverse vending machine or small collection facility located on different sites under the following conditions:
a. The operator of each of the proposed facilities is the same; b. The proposed facilities are determined by the Planning Division to be similar in nature, size and intensity of activity; and c. All of the applicable criteria and standards set forth in the following subsections are met for each such proposed facility.

C. Minimum Standards for All Recycling Facilities. Recycling facilities permitted by right shall meet all of the applicable criteria and standards listed in this subsection. Those recycling facilities permitted through discretionary review shall meet the applicable criteria and standards, provided that the decision-making authority responsible for issuing the permit may relax the standards or impose stricter standards as provided for in Subsection (H), Required Finding for Relaxed or Stricter Standards, of this section, as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and this title.

D. Minimum Standards for Reverse Vending Machines.

1. Construction. Reverse vending machines shall be constructed and maintained with durable waterproof and rustproof material.

2. Floor Area. Reverse vending machines shall be limited to an area of no more than 50 square feet.

3. Height. Reverse vending machines shall not be more than eight feet in height.

4. Hours. Reverse vending machines shall be usable at least as long as the operating hours of the primary use.

5. Identification. Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

6. Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operation.

7. Location.
a. Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title. b. Reverse vending machines shall be located within 30 feet of the entrance to the primary use and not obstruct pedestrian or vehicular circulation or be located in public right-of-way when an Encroachment Permit is obtained, in accordance with Chapter 12.20, Encroachment Permits, of this code.

8. Maintenance. Reverse vending machines shall be maintained in a clean, attractive, and litter-free condition on a regular basis.

9. Parking. Reverse vending machines shall not occupy parking spaces required by the primary use nor shall the machines require additional parking spaces.

10. Signs. Reverse vending machines shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.

11. Use. Reverse vending machines shall be established in conjunction with a primary use which is in compliance with zoning and other regulations for the area.

E. Minimum Standards for Small Collection Facilities and Mobile Recycling Units.

1. Equipment. Small collection facilities and mobile recycling units shall use no power driven equipment other than that required to operate reverse vending machines.

2. Expiration of Permit. If the permit expires without renewal, the facility shall be removed from the site on the day following permit expiration.

3. Floor Area. Small collection facilities and mobile recycling units shall occupy less than 500 square feet of floor area.

4. Hours. Operating hours shall be subject to the review and approval of the Planning Division or, in the case of Discretionary Permits, the required decision-making authority. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

5. Identification. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

6. Landscaping. These facilities shall not impair or reduce the landscaping required by local ordinance for any concurrent use by this title or any permit issued pursuant thereto.

7. Location. Please refer to the permitted and conditional use tables in Chapter 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title.

8. Maintenance. These facilities shall be constructed and maintained with durable waterproof and material, covered when the site is not attended, secured form unauthorized entry of a capacity sufficient to accommodate materials collected. The facilities shall be maintained in a clean, attractive, and litter-free condition on a regular basis.

9. Materials. Small collection facilities and mobile recycling units shall accept only glass, metals, plastic containers, and paper. Other items shall be accepted upon approval of the local public health official.

10. Noise. The facility shall not exceed noise levels of 60 DBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 DBA.

11. Occupation of Parking Spaces. The facilities shall occupy no more than three of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials. The facilities shall not obstruct pedestrian or vehicular circulation.

12. Parking.
a. No additional parking spaces will be required for customers of a Small Collection Facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed. b. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. c. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
i. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; ii. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; iii. The permit will be reconsidered at the end of 18 months. d. A reduction in available parking spaces in an established parking facility may then be allowed as follows:
i. For a commercial host use:

Number of Available Parking Spaces
Maximum Reduction
0—25
0 26—35
2 36—49
3 50—99
4 100+
5 ii. For a community facility host use:

A maximum of five space reduction will be allowed when not in conflict with the parking needs of the host use.

13. Setbacks.
a. Containers. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. b. Facility. The facility shall be set back at least 10 feet from any street line and shall not obstruct pedestrian or vehicular circulation.

14. Signs. Signs may be provided as follows:
a. Small Collection Facilities may have identification signs with a maximum of 16 square feet, in addition to information signs required in Subsection (E)(5), Identification, of this section; b. Signs must be consistent with the character of the location; c. Directional signs, bearing no advertising message, may be installed with the approval of the Planning Division, if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way; d. City Planner or Zoning Administrator review, under Process 2 pursuant to 17.12.060.B., will be required for all signage which meets the standard review parameters.

15. Storage. The facility shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present.

F. Minimum Standards for Large Collection Facilities.

1. Distance. A large collection recycling facility shall maintain a 300-foot distance from property zoned for residential use.

2. Floor Area. Large collection recycling facilities shall cover more than 500 square feet of floor area or be established independently of an existing commercial use.

3. Hours of Operation. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

Operating hours shall be determined by the City through the required permitting process.

4. Identification. The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Division, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

5. Litter. Site shall be maintained free of litter any other undesirable materials, and will be cleaned of loose debris on a daily basis.

6. Location.
a. Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title. b. The facility shall not abut a property zoned or planned for residential use.

7. Maintenance.
a. Facility. The facility shall be maintained in a clean, attractive, and litter-free condition on a regular basis. Covers and secure containers shall be provided for exterior storage of material. b. Noticing. The facility shall display a notice stating that no material shall be left outside the recycling containers.

8. Noise. Noise levels shall not exceed 60 DBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 DBA.

9. Parking.
a. Space will be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Division determines that allowing over-flow traffic above six vehicles is compatible with surrounding businesses and public safety; b. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

10. Processing. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process or at the discretion of the Planning Division if noise standards and other conditions are met.

11. Screening. The facility will be screened from the public right-of-way by operating in an enclosed building or:
a. Within an area enclosed by an opaque fence at least six feet in height with landscaping; b. At least 150 feet from property zoned or planned for residential use; and c. Meets all applicable noise standards in this title.

12. Setback.
a. Containers. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use. b. Facility. Setbacks requirements shall be those provided for by the zoning district in which the facility is located.

13. Storage. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. All processed materials shall be baled and pelletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Orange County Fire Authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. Storage shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

14. Other Requirements. Large recycling facilities shall comply with the NPDES Storm Water Permit Program. For further information on NPDES requirements, refer to the NPDES Ordinance, available from the City's Engineering Division.

G. Minimum Standards for Processing Facilities.

1. Hours of Operation.
a. If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open. b. Operating hours shall be determined by the City through the required permitting process.

2. Location.
a. Please refer to the permitted and conditional use tables in Chapters 17.36, Commercial Zones and Standards, through 17.48, Public Zones and Standards, of this title. b. The facility shall not abut a property zoned or planned for residential use.

3. Maintenance.
a. Facility. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present. b. Noticing. The facility shall display a notice stating that no material shall be left outside the recycling containers.

4. Material Shipments. A light processing facility shall have no more than an average of two outbound truck shipments of material per weekday and may not shred, compact or ball ferrous metals other than food and beverage containers.

5. Motor Oil. A processing facility may accept used motor oil for recycling in accordance with Section 25250.11 of the California Health and Safety Code.

6. Parking.
a. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the park load, whichever is higher, except where the Planning Division determines that allowing overflow traffic is compatible with surround businesses and public safety. b. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

7. Processing. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

8. Setbacks.
a. Containers. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use. b. Facility. Setbacks requirements shall be those provided for by the zoning district in which the facility is located.

9. Setting. In a heavy commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:
a. Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages; b. Located at least 150 feet from property zoned or planned for residential use.

10. Sign. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

11. Size. A light processing facility shall be no larger than 45,000 square feet.

12. Storage. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. All processed materials shall be baled and pelletized. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Orange County Fire Authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing. Storage shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

13. Other Requirements.
a. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties. b. Other Requirements. Processing facilities shall comply with the NPDES Storm Water Permit Program. For further information on NPDES requirements, refer to the NPDES Ordinance, available from the City's Engineering Division.

H. Required Findings for Relaxed or Stricter Standards. The decision-making authority responsible for issuing the Discretionary Permit for recycling facilities may relax the standards or impose stricter standards than those in the above section upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the Zoning Ordinance.

Section 22 Section 17.28.300 is amended to read in its entirety 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:

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.

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. 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.

4. 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.

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 non-commercial) 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 within 300-foot radius from the exterior boundaries of the subject property. The applicant shall provide notification materials as part of an application.

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.

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.

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.

Section 23 Section 17.32.020 is amended to read in its entirety as follows:

17.32.020 Residential Densities.

The Zoning Ordinance limits the maximum density for each residential zone; however, the density allowed for any residential project within the City may be limited further through the appropriate discretionary review process, when discretionary review is provided for in this title. The City Planner, Zoning Administrator, Planning Commission, and/or City Council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transition to and compatibility with adjacent residential developments, existing or proposed.

Section 24 Section 17.40.020 is amended to read in its entirety as follows:

17.40.020 Residential Densities in Mixed-Use Zones.

This title limits the maximum and minimum residential density for each mixed-use zone; however, the density allowed for any residential project within the City may be limited further through the appropriate discretionary review process, when discretionary review is provided for in this title. The City Planner, Zoning Administrator, Planning Commission and/or City Council shall have the authority to reasonably condition any residential development subject to discretionary review to ensure proper transition to and compatibility with adjacent developments, existing or proposed.

Section 25 Section 17.40.050 is amended to read in its entirety 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) 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
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

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, except for the following:
a. Minimum Commercial Floor Area for Mixed-Use Projects. With approval of a Conditional Use Permit, 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 12,000 square feet or smaller in size. ii. The maximum floor area of the mixed-use project has been limited to 1.2 or smaller. b.
b. Maximum Height Limit for Mixed-Use Projects. With approval of a Conditional Use Permit, three stories, with 45 feet to top-of-roof and 37 feet to plate, may be allowed for mixed-use 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 acceptable in terms of height, massing, scale and compatibility with and/or sensitivity to neighboring projects. c. 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 mixed-use 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. d. 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.

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). e. 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; 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-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-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 three-story 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.

Section 26 Section 17.64.125 is amended to read in its entirety as follows:

17.64.125 Waivers of Parking Requirements.

A. The Downtown Parking Study Area.

1. Purpose and Intent. The Parking Waiver Program for the Downtown Parking Study Area is designed to serve the unique characteristics of this area which influence parking demand. The Parking Study Area contains a significant number of public parking spaces which absorb the overflow parking from private parking lots and substitute for private parking. In addition, the existing mix of land uses is varied, with retail and office uses, public services, service-oriented businesses and some residential uses. The variety of land uses in the area, the incorporation of residential uses into commercial projects, the varied peak parking demand periods that they create, their proximity to one another, and the pedestrian-orientation of the area result in a shared or joint-use of the available public parking. All of these factors reduce the parking demand from that experienced by many types of commercial areas. A parking study completed in 1995, on which this program is partially based, confirmed the unique parking circumstances in the Downtown Parking Study Area.

The Parking Waiver Program was developed to address the reduced parking demand experienced within the study area. The program has been designed so that waivers are not automatic; rather, they require discretionary action on the part of the City. Waivers are to be granted based on the availability of public parking near the proposed project and on the project's contribution to the pedestrian atmosphere of the Downtown Parking Study Area. The availability of private parking near a project is not a basis for granting waivers. In the development of this program, the City recognizes that each block within the Parking Study Area is unique, with its own set of circumstances related to public parking availability, parking demand, pedestrian-orientation and mix of uses. These individual circumstances shall be taken into consideration when waivers requests are evaluated.

Property owners in the Downtown Parking Study Area (see Figure 17.64.125, Downtown Parking Study Area) may request waivers of their off-street parking requirement for nonresidential development in accordance with the provisions found in this section.

Figure 17.64.125

2. Review Requirements.
a. Waivers for Alterations of Use. Waivers of the parking requirements for alterations of use, except for outdoor dining, may be allowed by the following authorities, subject to the concurrent review provisions of Section 17.12.090, Consideration of Concurrent Applications, and the findings in Subsection (A)(3) of this section, through the indicated applications:

Table 17.64.125(A)
Review Requirements for
Waivers for Alterations of Use
Threshold for Review
City Planner – Process 1
Administrative
Approval
City Planner – Process 2
MCUP
Planning Commission
CUP
Waiver of Up to 3 Parking Spaces
X
Waiver of 4—6 Parking Spaces
X
Waiver of 7—10 Parking Spaces
X
b. Waivers for Outdoor Dining, Additions and New Structures. The waiver of some or all parking requirements for outdoor dining, additions to existing structures, and new structures shall be reviewed by the approval body required to review other aspects of the outdoor dining facility, addition or new structure, in accordance with Chapter 17.16, Applications, of this title and subject to the findings of Subsection (A)(4) of this section. An application for a waiver shall be filed and processed in the following manner:
i. When only ministerial, City Planner, or designee, review of the project is required, the parking waiver shall be reviewed by the City Planner through the plan check process. ii. When City Planner or Zoning Administrator review of the project is required under Process 2 pursuant to 17.12.060.B., the applicant shall process and obtain a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title, for the parking waiver request. iii. When Planning Commission review of the project is required, the applicant shall process and obtain a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title, for the parking waiver request.

3. Limitations on Waiver Requests.
a. For the Downtown Parking Study Area. The City may approve up to 90 parking waivers in the Downtown Parking Study Area. Parking waivers may be granted for alterations of use and new nonresidential development. After 90 waivers have been granted, the City shall consider whether an additional parking study is necessary to assure that granting of an additional 90 waivers, for a total of 180, will not create inadequate parking in the study area. For the most recent count on parking waivers available, contact the Planning Division. b. For an Individual Project Site. The City may approve parking waivers for an individual project site, subject to the following limitations:
i. No project site may be granted more than 10 parking space waivers. ii. The limitation on the total number of waivers which the City may grant to an individual project site is cumulative, beginning with the effective date of this amendment to the City's Zoning Ordinance. iii. Should the use or addition for which the parking waiver is granted be terminated or demolished, the parking waivers shall revert back to the City and shall be available for granting by the City to other projects. iv. Prior to the granting of any waivers, the findings outlined in Subsection (A)(4) shall be made.

4. Findings. Prior to the approval of a waiver of parking requirements, all of the following findings shall be made in addition to any general findings required for the appropriate permit:
a. No more than 180 parking space waivers have been granted in the Downtown Parking Study Area since the effective date of this amendment to the City's Zoning Ordinance; b. There is currently adequate parking to support the change of use and/or development and provide adequate beach parking within the study area; c. The City Council has approved an interim parking study for the Downtown Parking Study Area that shows the occupancy of the parking spaces in the study area is 90 percent or less during daylight hours, on summer weekends; d. Public parking is available in close proximity to the project site; and e. The project receiving waivers: 1) improves pedestrian access to and from alleys and streets within the Downtown Parking Study Area to the extent feasible and commensurate with the scale of the project; or 2) the project contains both nonresidential and residential uses and, therefore, promotes shared parking and pedestrian activity within the area.

B. Outside the Downtown Parking Study Area. Waivers of the parking requirements for the uses contained in the following table may be approved, subject to the approval of the indicated permits:

USE
REVIEW

REQUIREMENTS

FINDINGS WAIVERS MAY

BE GRANTED TO THE

INDICATED USES IF

THE FINDINGS

ARE MADE, IN

ADDITION TO THE

GENERAL FINDINGS FOR

THE SPECIFIED PERMITS

1. Hotels—Waivers for the Number of Parking Spaces Required CUP

1. The hotel provides for the transportation needs of its guests such that the hotel guest's use or storage of personal automobiles will not exceed the parking spaces provided for hotel guests; and>

2. Either the hotel is in close proximity to existing or approved public transportation facilities or other criteria exist which would reduce the amount of parking which would otherwise be required by the hotel.

2. Historic Structures in RM and RH Zones—Waivers of the Parking Space and Circulation Requirements MEP—2 space reduction
CUP—All others

1. The structure is listed on the City's Designated Historic Structures List; and

2. The parking required by the district within which the property is located cannot be provided without altering or modifying the historic structure in a manner which is incompatible with its original style and character; and

3. The modifications of the parking and circulation requirements will not be detrimental to the health, safety and general welfare of either the people residing in the area or the general public.

3. Historic Nonresidential and Mixed-Use Structures—Waivers of the Parking Space and Circulation Requirements MEP—2 space reduction
CUP—All others

1. The structure is listed on the City's Designated Historic Structures List; and

2. Public parking is available in close proximity to the structure; and

3. The parking required by the zone and/or district within which the property is located cannot be provided without altering or modifying the historic structure in a manner which is incompatible with the historic structure's original architectural style and character; and

4. The modification of the parking requirements will not be detrimental to the health, safety and general welfare of either the people residing in the area or the general public.

Relocation of Historic Structures—Waivers of the Parking Space and Circulation Requirements MCUP. Please also refer to Section 17.24.160, Relocation of Structures The structure is listed on the City's Designated Historic Structures List

4. Minor Additions to Nonresidential Structures and the Commercial Portion of Mixed-Use Structures—Waivers for the Number of Parking Spaces Required MEP

1. The proposed expansion will not result in a deficit of more than 2 parking spaces for the use; and

2. Public parking is available in close proximity to the structure; and

3. Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking.

5. Changes of Use—Waivers for the Number of Parking Spaces Required MEP

1. The change of use will not result in a deficit of more than 2 parking spaces for the use; and

2. Public parking is available in close proximity to the use; and

3. Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking.

6. Indoor Seating for Restaurants—Waivers for the Number of Parking Spaces Required for Indoor Seats MEP

1. The total indoor seating for the restaurant will not result in a deficit of more than 5 parking spaces; and

2. Other nonresidential uses whose activities are not normally conducted during the same hours share parking spaces with the restaurant; and

3. Public parking is available in close proximity to the restaurant; and

4. Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking.

7. Outdoor Dining Areas
MCUP
a. Public parking is available in close proximity to the restaurant; b. Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking Section 27 Section 17.72.050 is amended to read in its entirety as follows:

17.72.050 Repair, Alteration, and Expansion of Nonconforming Structures.

A. Applicability of other review procedures. This Title may require approval of permits to allow the modification of nonconforming structures according to Chapter 17.16 to ensure projects are consistent with the General Plan, Design Guidelines, and regulations.

B. Repairs. Nonconforming structures may be repaired according to City and State Codes, policies, and guidelines.

C. Interior alterations. The interior of nonconforming structures may be altered.

D. Minor Exterior Alterations. Minor exterior alterations are permitted. Examples of minor exterior alterations include but are not limited to: changing building materials, changing colors and finishes of materials; replacing wood/aluminum windows for vinyl windows; installing doors and windows in new openings; and modifying the color and type of guardrails.

E. Removal, replacement, and Major Alteration of Exterior Walls. The structural frame of a nonconforming structure's exterior walls may be removed, replaced, or altered as follows:

1. Nonconforming status may be continued. A nonconforming structure may continue to be nonconforming if a project:
a. Removes the structural frame in less than 50 percent of a structure's exterior walls. b. Alters the structural frame in less than 50 percent of a structure's exterior walls.

2. Fifty percent or greater of exterior walls removed or altered. The following requirements apply when the structural frame is removed or altered in 50 percent or greater of a structure's exterior walls:
a. Nonconforming status shall be terminated. Nonconforming structures shall be made to comply with zoning requirements. b. Substandard parking in garages and carports. If garages or carports contain required parking for primary buildings (e.g. a house) that do not meet parking requirements (e.g. size, location, number of spaces), the required parking spaces shall be modified to meet zoning requirements.

3. Measuring exterior walls.
a. Multiple stories. Exterior walls are measured on all stories. b. Units of measurement. Exterior walls are measured in lineal feet. c. Calculation. Exterior wall improvements are regulated based on the percentage of exterior walls that are removed or altered. The percentage of improvements is calculated by dividing the total length of exterior walls that are removed or altered by the total length of a structure's exterior walls. This fraction is multiplied by 100. For example, when wood framing is removed from the exterior wall of a wood framed building, then that wall would be counted along the entire length of the area where the wood framing is removed. See Figure 17.72.050 A. for explanation.

Figure 17.72.050 A—Measuring Exterior Walls

4. Exceptions.
a. Exception for safety, compatibility, or architectural improvements. Major alterations are not restricted, if the City Planner finds one or more of the following:
i. The major alterations improve the safety of structures. ii. The major alterations improve the compatibility of the structure with the neighborhood. iii. The major alterations improve the architecture's compatibility with the City of San Clemente Design Guidelines. b. Single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings with less than 1,400 square feet are exempt from Subsection (2), with the approval of a Minor Exception Permit per Section 17.16.090. For approval, the following finding must be made: the proposed minor exception permit is necessary for the general appearance of a project to be in character with the neighborhood. The general required findings shall also be met for the approval of a minor exception permit.

F. Voiding of Minor Exception Permits.Minor exception permits allow structures to encroach into required setbacks and for required setbacks to be reduced per Section 17.16.090. Minor exception permits shall be voided if any of the following criteria applies:

1. A project removes the exterior walls that were allowed to encroach into required setbacks by a minor exception permit.

2. A project removes 50 percent or greater of a structure's exterior walls.

Figure 17.72.050 B—Voiding of Minor Exception Permits

G. Removal, replacement, and Major Alteration of Roofs. The structural frame of a nonconforming structure's roof may be removed, replaced, or altered as follows:

1. Roofs which comply with height requirements. Roofs of nonconforming structures may be partially or completely removed, replaced, or altered if their height complies with height requirements.

2. Over-height roofs. When a nonconforming structure has a roof that does not comply with height requirements, the roof's height shall be reduced to meet requirements, when 50 percent or greater of a roof's structural frame is removed or altered. a. Exception for safety, compatibility, or architectural improvements. Major alterations are not restricted, if the City Planner finds one or more of the following:
i. The major alterations improve the safety of structures. ii. The major alterations improve the compatibility of the structure with the neighborhood. iii. The major alterations improve the architecture's compatibility with the City of San Clemente Design Guidelines.

3. Measuring roofs.
a. Units of measurement. Roof area is measured in square feet of surface area. b. Calculation. Roof improvements are regulated based on the percentage of roof area that is removed or altered. The percentage of improvements is calculated by dividing the square footage of roof area that is removed or altered by the total roof area of a structure. This fraction is multiplied by 100. See Figure 17.72.050 C. for explanation.

Figure 17.72.050 C—Measuring Roofs

H. Nonconforming Accessory Structures. Projects involving nonconforming accessory structures shall comply with the following:

1. Nonconforming status may be continued.
a. Less than 50 percent of structures removed. Nonconforming accessory structures (e.g. patio covers, decks, stairways, walls) may continue to be nonconforming when a project removes portions of the accessory structure and the project's value is less than 50 percent of the accessory structure's replacement cost. b. Expansion of accessory structures. Nonconforming accessory structures may be expanded and continue to be nonconforming. Expansions shall comply with zoning requirements.

2. Nonconforming status shall be terminated.
a. Fifty percent or greater of structures removed. Nonconforming accessory structures shall lose nonconforming status and be made to comply with zoning requirements if a project removes portions of the accessory structure and the project's value is 50 percent or greater of the accessory structure's replacement cost. b. Accessory structures attached to Nonconforming Buildings. A nonconforming accessory structure shall be made to comply with zoning requirements if it is attached to a nonconforming building that must be made conforming by this chapter.

3. Determining project value and structure replacement cost.

A project's value and accessory structure's replacement cost is based on the City's adopted fee schedule for building plan review and inspection, according to project valuations. For purposes of applying the City adopted fee schedule, a structure is considered a "wall" when it supports a roof and a "fence" is a freestanding structure.

I. Additions.

1. Less than 50 percent Addition. Nonconforming buildings may be expanded less than 50 percent and continue to be nonconforming if the addition complies with zoning requirements.

2. 50 percent or greater Addition. The following requirements apply when a nonconforming building is expanded by 50 percent or greater. a. Nonconforming status shall be terminated. Nonconforming buildings expanded by 50 percent or greater shall be made to conform to zoning requirements, except as follows:
i. Exception for single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings, smaller than 1,400 square feet, may be expanded to a maximum of 2,100 square feet and continue to be nonconforming with the approval of a Development Permit (Section 17.16.100) or a Cultural Heritage Permit (17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list. b. Substandard parking in garages and carports. If garages or carports contain required parking for primary buildings (e.g. dwelling) that do not meet parking requirements (e.g. size, location, number of spaces), the required parking spaces shall be modified to meet requirements, except as follows:
i. Exception for single-family dwellings less than 1,400 square feet. Nonconforming single-family dwellings, smaller than 1,400 square feet, may be expanded to a maximum of 2,100 square feet without modifying parking, provided that a Minor Exception Permit is approved. For approval, the following finding must be made: the proposed Minor Exception Permit is necessary for the general appearance of a project to be in character with the neighborhood. The general required findings shall also be met for the approval of a Minor Exception Permit per Section 17.16.090.

3. Measurement.
a. Floor area measured. Floor area used to calculate the size of an addition, according to paragraph (b) below is based on the following:
i. For dwelling units, the living area is used to calculate the size of an addition. ii. For residential accessory buildings, floor area includes the interior area of an accessory building measured to the structural members of outermost walls. For example, the floor area of an attached or detached residential garage is measured to the structural frame of the building. iii. For nonresidential uses, gross floor area is used to calculate the size of an addition. b. Calculation. Additions are regulated by percentages. The percentage of an addition ("or percent added") is calculated by dividing the square footage of an addition's floor area by the square footage of a building's existing floor area. This fraction is then multiplied by 100. See Figure 17.72.050(D) for explanation. c. Measurement of multiple projects. If a building has been expanded more than once, regulations are applied based on the total amount of floor area that is added to a building on or after March 21, 1996. For example, if a building is expanded by 10 percent in 1997 and expanded another 20 percent in 1999, then the building has been expanded a total of 30 percent since March 21, 1996.

Figure 17.72.050 D—Measuring Additions

Section 28 Section 17.84.020 is amended to read in its entirety 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 rights-of-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. 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, hand-painted, 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, troweled 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.

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:
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 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-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 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 gas/service station that proposes new signs or modifications to existing signs, except as allowed by State law.

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.

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Created: 2025-11-20 09:26:56 [EST]
(Supp. No. 64)

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Exhibit A

San Clemente City CouncilMarch 17, 2026

San Clemente City Council
March 17, 2026