San Clemente City Council
April 21, 2026

Exhibit A

16.50.010 Urban lot splits.

A. Purpose.The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition.An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Owners.
a. Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title, "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

2. An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires 2412 months from the City's approval of the map.

3. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

The proposed housing development application shall be considered for approval or denial within 60 days from the date the City received the completed application, and if no action is taken the City shall deem the application approved after that time.

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5. E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., "SMA") and implementing requirements in this title, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The City has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property. (B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a singlefamily residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or Ordinance No. 1805 Page 8
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(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species.
(x) Land under conservation easement.
b. The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or Ccounty landmark or as a historic property or district.

5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior urban lot split. b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. ''Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No Impact on Protected Housing.
a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied. (i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

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(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.
a. The lot to be split must be at least 2,400 square feet.The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and at least 40 percent of the original lot area.

8. Easements.
a. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map and final map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section D.2 above.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access.
a. Each resulting lot must adjoin the public right-of-way. b. Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 17.86.010 of this code, an ADU, or a JADU.
b. Unit Size.
(i) The total maximum floor area of each primary dwelling that is developed on a resulting lot shallmust be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.
(A) Less than or equal to 800 square feet; and
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(B) More than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 81,000 square feet is limited to the lawful floor area at the time of the urban lot split.

It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 8500 square feet may be expanded to 8500 square feet after the urban lot split.
c. Height Restrictions. The maximum height for any structure on a lot created through an urban lot split shall be the maximum height of the underlying zone. (i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. (ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
d. Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at least 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
e. Urban Open Area.
(i) For purposes of this subsection (E)(l l)(e), the term "urban open area" has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.
(ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
ef. Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.11.ef(i) above:
(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (B) Eight hundred sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two Ordinance No. 1805 Page 11
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units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines.

The front setback areas must:
(A) Be kept free from all structures greater than three feet high; (B) Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (C) Allow for vehicular and fire-safety access to the front structure. fg. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as that term is defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. public transit, inclusive of the definition in Public Resources Code Section 21155 and zoning code definition in Section 17.88.030, whichever is more permissive either:
(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (ii) The site is located within one block of a car-share vehicle location. (iii) The site is within an architecturally and historically significant historic district as defined by State law or within the City’s Architecture overlay, whichever is more permissive; gh. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold. (ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area. (iii) The garage must be equipped with an automatic roll-up door opener. (iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures. hj. Architecture.
(i) Unit Design Standards.

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A. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least three feet deep.

F. A pedestrian pathway must be provided to access front doors to all units.

G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway. ik. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law two primary dwelling units on the lot of at least 800 square feet each.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph E.11.ik(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.11.ik(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.

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(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance. (iv) LandscapingScreening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: Development adjacent to public right of way or within 20 feet of public right of way, must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(A) 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements.
(B) At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
i(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City's approved plant list. l. Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.
jm. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
kn. Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.
lo. Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.
mjp. Access and Circulation.

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(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created on either lot. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
nkq. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").
(ii) Trash enclosures which enclose containers shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision-making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep. (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas.
(iii) The storage area required for each trash container must be at least three feet wide by three feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way. or. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.
pls. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.11.ps(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground or screened.
(iv) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

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qmt. Building and Safety. All structures built on the lot must comply with all current local building standards.

12. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fireauthority standard pump and hose equipment. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.12. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

13. Separate Conveyance.
a. Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(iv) No timeshare, as defined by state law or this code, is permitted. This includes any coownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

14. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

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b. No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.A rental of any unit on a lot created pursuant to this section shall be rented for a term longer than 30 days. c. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

15. Notice of Construction.
a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized;
(ii) The anticipated start and end dates for construction; (iii) The hours of construction;
(iv) Contact information for the project manager (for construction-related complaints); and (v) Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

16. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. b. Expressly prohibits any non-residential use of the lots created by the urban lot split. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. States that:
(i) The lot is formed by an urban lot split and is therefore subject to the City's urban lot-split regulations, including all applicable limits on dwelling size and development. (ii) Development on the lot is limited to development of residential units under section

17.86.010 of this code, except as required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

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3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023) Ordinance No. 1805 Page 18
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4938-3449-0783 v2
Exhibit B
Zoning Amendment 26-066 – Amendments to SCMC Section 17.86.010 (Two-Unit Projects)
[Attached]

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Exhibit B

17.86.010 Two-unit projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definitions.

1. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Owners.
a. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15). b. Any person with a mortgage interest in the lot to be developed with a two-unit project under this section must sign the application indicating the person's consent to the project.

2. An application for a two-unit project must be submitted on the City's approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recoded covenant and deed restriction.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

5. The proposed housing development application shall be considered for approval or denial within 60 days from the date the City received the completed application, and if no action is taken the City shall deem the application approved after that time.

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E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species.
(x) Land under conservation easement.
b. The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 659l3.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or cCounty landmark or as a historic property or district.

5. No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

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(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied. (i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by sState law, an SB 9/SB 450 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7. Unit Standards.
a. Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and SCMC section

17.28.270 (Accessory Dwelling Units).
b. Unit Size.
(i) The maximum floor area of each primary dwelling that is developed on a resulting lot shall be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.

The total floor area of each primary dwelling built that is developed under this section must be:
(A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.

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(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 81,000 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 8500 square feet may be expanded to 8500 square feet after or as part of the two-unit project.
c. Height Restrictions.
(i) The maximum height for any structure on a lot created through an urban lot split shall be the maximum height of the underlying zone.

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. (ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
d. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
de. Lot Coverage. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at least 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
f. Urban Open Area.
(i) For purposes of this subsection (E)(7)(f), the term "urban open area" has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.
(ii) If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
eg. Setback.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.7.eg(i) above:
(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

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(B) Eight hundred sf; 4-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 30 feet from the front property lines. The front setback area must:
(A) Be kept free from all structures greater than three feet high; (B) Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (C) Allow for vehicular and fire-safety access to the front structure. fh. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as that term is defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.public transit, inclusive of the definition in Public Resources Code Section 21155 and zoning code definition in Section 17.88.030, whichever is more permissive either:
(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (ii) The site is located within one block of a car-share vehicle location. (iii) The site is within an architecturally and historically significant historic district as defined by State law or within the City’s Architecture overlay, whichever is more permissive; gi. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold. (ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area. (iii) The garage must be equipped with an automatic roll-up garage door opener. (iiiv) Each garage must maintain all required parking spaces clear and accessible to park at all time.
j. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
hk. Architecture.

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(i) Unit Design Standards.
(A) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (AC) All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.
(DB) If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (E) Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least three feet deep.
(F) A pedestrian pathway must be provided to access front doors to all units on the lot.
(G) If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway. il. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to construct two primary dwelling units on the lot of at least 800 square feet each ing a dwelling unit that must be allowed under state law.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph E.7.il(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.7.il(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's treereplacement cost schedule.

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(ii) Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance. (iv) ScreeningLandscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows Development adjacent to public right of way or within 20 feet of public right of way, must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance:
(A) (A) 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040,
General Landscaping Requirements, and 17.68.060, Maintenance Requirements.

According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City's approved plant list. jm. Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.
kn. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
lo. Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.
mpi. Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a Ordinance 1805 Page 26
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structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.
nqj. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created for any two-unit projects. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
rok. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").
(ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. Trash enclosures which enclose containers shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision-making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep.
lps. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
mqt. Utilities.
(i) A primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (ii) All utilities must be underground or screened.
(iii) All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.
(iv) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
nru. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

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8. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fireauthority standard pump and hose equipment. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

9. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) No timeshare, as defined by state law or this code, is permitted. This includes any coownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days. A rental of any unit created pursuant to this section shall be rented for a term longer than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

11. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
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(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction-related complaints), and (v) Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

12. Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 2l4(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

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c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor. d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's code.
(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023) Ordinance 1805 Page 30
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MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
March 4, 2026 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

1. CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Commissioner Griffin led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Vice Chair M. Steven Camp; Chair Pro Temp Scott McKhann; Gary McCaughan; Brett Freeman;
Patrick Griffin; and Karen Prescott-Loeffler
Commissioners Absent: None.

Staff Present: Zach Rehm, Acting City Planner
Araceli Mejia, Assistant Planner
Alexia Gruszczynski, Assistant Planner
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of February 18, 2025.

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Attachment 2
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Planning Commission Regular Meeting Minutes of March 4, 2026 Page 2

IT WAS MOVED BY VICE CHAIR CAMP, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 6-0, CHAIR COSGROVE ABSTAINED, TO

RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF FEBRUARY 18, 2026.

6. ORAL AND WRITTEN COMMUNICATIONS
Community Development Director Adam Atamian announced the promotion of Zach Rehm to Acting City Planning and thanked the Commissioners for their continued service to the community.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-455, Development Permit (DP) 25-456, 143 N. La Esperanza Lot 2
A public hearing to request the Planning Commission to approve DP 25-456 to develop a single-family home on a newly subdivided lot.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15303 (Class 2: New Construction or Conversion of Small Structures) and §15332 (Class 32: In-Fill Development Projects).

Chair Pro Tem McKhann recused himself due to owning property within proximity of 300 feet.

Chair Cosgrove disclosed the project was before the Design Review Subcommittee (DRSC) that he attended, along with Vice Chair Camp and Commissioner Freeman.

Assistant Planner Mejia provided a brief summary of the February 25m 2026 DRSC meeting and explained that the applicant required additional time to incorporate the recommendations. The applicant has requested the hearing be continued to March 18, 2026.

The public hearing will remain open until March 18, 2026.

CHAIR COSGROVE MADE A MOTION, SECOND BY COMMISSIONER GRIFFIN, MOTION PASSED 6-0, CHAIR PRO TEM MCKHANN RECUSED, TO CONTINUE PUBLIC HEARING PROJECT 25-455, DEVELOPMENT PERMIT 25-456, 143 N. LA ESPERANZA TO THE NEXT REGULAR MEETING HELD ON MARCH 18, 2026.

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Planning Commission Regular Meeting Minutes of March 4, 2026 Page 3 Chair Pro Tem McKhann returned to the dais at 6:13 p.m.

B. Public Hearing Project (PHP) 26-063, Zoning Amendment (ZA) 26-064 A Public Hearing for the Planning Commission to provide recommendations to the City Council on Zoning Amendment 26-064 to update San Clemente Municipal Code Sections 17.28.270 Accessory Dwelling Units and 17.88.030 Definitions consistent with Housing Element commitment and State law; The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to the CEQA Public Resources Code § 21080.17, and CEQA Guidelines §15183.

Chair Cosgrove opened the public hearing and acknowledged public comment letters were received.

Assistant Planner Mejia began the presentation by providing context that the letter received from the California Housing and Community Development Department (HCD) considered informal feedback, and has not been certified.

Staff advised that the proposed code amendment allows for one type of each ADU pursuant to CA Gov Code 66323 and cannot apply more restrictive development standards than State law; CA Gov Code 66314 allows one additional ADU of any format. Staff had a meeting with HCD prior to this meeting to discuss the comments made in the letter. Comments provided by HCD and advocacy group CalHDF overlapped and highlighted concerns with the proposed ordinance including:
• Limits on detached ADUs on multifamily parcels
• Application of front yard setbacks and limitations of setbacks per Gov Code §66323
• Unit size standards
• Lighting standards
• Parking standards
• Historic standards
Staff’s report provided a history and background of ADU law between 2016 and 2025; current code allowances; multifamily conversions; owner occupancy restrictions; AB 424; and SB 543. Other changes included objective standards in architectural review; pathways to compliancy; parking requirements; and added definitions. Consistency with the General Plan was reviewed and staff recommended continuing the hearing to revise the ordinance to address the comments.

Commissioner Comments and Questions of Staff and Deputy City Attorney:

HCD provided clarifications and modifications, but not formal comments. Staff needs more time to review the content of the letter from HDF. Deputy City Attorney Burns noted the overlap between HCD and HDF comments, particularly regarding CA Gov Code §66314 and 66323. Goal is to clarify the DRAFT
1297
Planning Commission Regular Meeting Minutes of March 4, 2026 Page 4 code to protect the city's ability to have reasonable, fair, and objective regulation. Vice Chair Camp noted that the City was encouraged to write its own ordinance in 2022 which the Commission spent a year retooling zoning to remove arbitrary requirements and implement objective design standards.

Public safety related issues should be considered, such as very high fire zones, sanitation, and sewer infrastructure connections.

The public hearing will remain open until April 22, 2026.

CHAIR PRO TEM MCKHANN MADE A MOTION, SECOND BY VICE CHAIR CAMP, MOTION PASSED 7-0, TO CONTINUE PUBLIC HEARING PROJECT 26-063, ZONING AMENDMENT 26-064 TO THE REGULAR MEETING HELD ON APRIL 22, 2026.

C. Public Hearing Project (PHP)26-065, Zoning Amendment (ZA)26-066 A Public Hearing for the Planning Commission to provide recommendations to the City Council on Zoning Amendment 26-066 to update San Clemente Municipal Code Sections 16.50.010 Urban Lot Splits and 17.86.010 Two-Unit Projects consistent Housing Element commitment and with State law; The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to the CEQA Public Resources Code § 21080.17, and CEQA Guidelines §15183.

Chair Cosgrove opened the public hearing.

Assistant Planner Mejia summarized a presentation titled, “Two-Unit Projects and Urban Lot Split Update, PHP26-065, ZA26-066, March 4, 2025.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report cited two title amendments to comply with State Bill (SB) 9, updating regulations for two-unit projects and urban lot splits to align with the Housing Element and State law. SB9 was in place for about three and a half years, but the city did not approve any SB9 lot splits or multi-unit projects. The State passed SB450, which removes the City's ability to regulate even some objective standards. Staff is trying to retain limited ability to regulate within the new State law.

Commissioner Questions and Discussion Highlights:
• Unfavorable of allowing ADUs without parking plans.
• Clarified minimum lot size used to be 2,400 square feet to split a lot, but now the resulting lots can't be less than 1,200 square feet. • The lots must be at least 40% of the original lot area. • Staff explained that in conducting research, other cities have allowed a discretionary review of urban lot splits or two-unit projects that do not comply with the established zoning code or subdivision code. The position of San Clemente has been if the project does not meet all the requirements of SB9, it cannot proceed with a permit.

DRAFT
1298
Planning Commission Regular Meeting Minutes of March 4, 2026 Page 5 • CC&Rs may limit ADUs within HOA areas, but staff advised that the City will issue permits since State overrides local governments. • Staff advised that there is an owner occupancy requirement. • Commissioner McKhann referenced urban lot splits under subsection (D)(2), which states that a tentative parcel map expires 12 months from the city's approval of the map and suggested modifying the last sentence for consistency with other code sections regulating entitlements to 24 months.
• There was a discussion about the landscaping section, which details that 50% of the front yard setback shall have a surface that remains permeable.
• There was discussion about the refuge storage areas section on page 9, which talks about trash enclosures that enclose dumpsters and it was suggested to change “dumpsters” to “bins” or “containers.” • There was discussion on the fire mitigation standards on page 10 that are provided by the fire authorities.
• Questions surrounding subsection 13(A)(3) and related required percentage of ownership.
• Staff advised that Short Term Lodging Units are not allowed on any lot created via Urban Lot Split or Two-Unit Project applications. • Discussion on discretionary and administerial approvals, as well as the review path.
• Questions regarding impacts on architectural overlays and specific plans; staff would not be able to apply any architectural standards that aren’t specifically in Title 17 of the Municipal Code. Staff can suggest design improvements, but cannot refuse a permit.
• Discussions ensued with respect to types of administrative project denials and the applicable remedy for a discretionary review within SB-9 and SB-450.

Chair Cosgrove closed the public hearing.

CHAIR PRO TEM MCKHANN MADE A MOTION, SECONDED BY COMMISSIONER

GRIFFIN TO RECOMMEND THE CITY COUNCIL APPROVE ZONING AMENDMENT 26-066 WITH THE FOLLOWING MODIFICATIONS:

1. MODIFY SUBSECTION (D)(2) TO EXTEND THE 12-MONTH APPROVAL AUTHORIZATION FOR TENTATIVE TRACT MAPS TO 24-MONTHS.

2. TO REPLACE THE WORD “DUMPSTERS” TO “CONTAINERS” THROUGHOUT THE SECTION;

3. ALLOW LOT SPLIT APPLICATIONS THAT ARE DENIED MINISTARIALLY THE

OPTION TO PROCESS A DEVELOPMENT PERMIT FOR DISCRETIONARY REVIEW.

VICE CHAIR CAMP MADE A SUBSTITUTE MOTION ACCEPTING THE ORIGINAL MOTION, REMOVING THE THIRD CLAUSE: LOT SPLIT APPLICATIONS THAT ARE

DENIED ADMINISTARILY THE OPTION TO PROCESS A DEVELOPMENT PERMIT DRAFT
1299
Planning Commission Regular Meeting Minutes of March 4, 2026 Page 6 FOR DISCRETIONARY REVIEW,” SECONDED BY COMMISSIONER PRESCOTTLOEFFLER, AND PASSED 4-3, CHAIR PRO TEM MCKHANN, AND COMMISSIONERS GRIFFIN AND FREEMAN OPPOSED.

9. NEW BUSINESS
A. 2026 Strategic Implementation Plan (SIP) Update
Staff is seeking feedback on an introduction of the Strategic Implementation Program which lists Implementation Measures (IMs) that the City will carry out to achieve the General Plan’s goals and policies over time. The SIP groups IMs by element and identifies status, priority, and lead department for overseeing the project or program.

Assistant Planner Alexia Gruszczynski summarized a presentation titled, “San Clemente Overview of the Strategic Implementation Plan (SIP).” A copy of the presentation is available by contacting the City of San Clemente Planning Division. The presentation highlighted an explanation and purpose of the SIP to implement measures and provided a timeline; today’s goal is to introduce and receive feedback on the SIP; reviewed a SIP Summary Table by Departments; and closed with a recommendation to provide direction and forwarding recommendations to the City Council via approval of the Resolution.

The Commission noted topics like “Dark Skies” and asked staff to explain the proposed IM “Update the General Plan” and the recommended projects to defer.

Acting City Planner (ACP) Rehm advised the last substantial General Plan update was in 2014, with minor updates each year. The "update" refers to a rewrite of the entire General Plan, to potentially be the 2032 General Plan as forecast in the SIP. There's no state law requiring a full replacement, but certain elements like the Safety and Housing Elements must be updated periodically.

The Commission questioned the deferred list items “support for the 2028 Olympics in San Clemente.” ACP Rehm opined that this is likely to be a bigger City function under the direction of the City Manager or the City Council outside of the SIP process. The Commission cited that the Community Development Department projects for the next five years include: support Miramar Theater rehab, prepare and certify the Local Coastal Program (LCP), and evaluate Inclusionary Housing Program. Staff clarified the purpose of the Inclusionary Housing Program that is within the Housing Element.

The Commission asked about the framework of an In-Lieu Fee Program for the City Council to consider in the SIP. ACP Rehm advised the Commission that InLieu Fees are recommended in both the Inclusionary Housing Program and the Parking Management Plan that will be presented to the City Council for consideration, and that the Parking Management Plan with last December’s comments incorporated will be before the Planning Commission in late April.

DRAFT
1300
Planning Commission Regular Meeting Minutes of March 4, 2026 Page 7 The report will also incorporate the California Coastal Commission’s comments received last week. The consultant is currently updating the Plan.

At the Commission’s request, staff reviewed the Historic Resource Survey section and suggested a minor edit to the Short-Term Lodging Unit section for clarification. Commissioners questioned deferring the City Design Guidelines, and staff advised that this task would be considered in budget year 2034 due to funding. Staff advised that the City Council initiated the Gateway Overlay project to be focused on land uses in specific areas near the “gateways” to the city and incentivized hotels and other economic developing in those areas. The Commission asked that the City Council expand on economic development opportunities to include all of El Camino Real and all major intersections. Staff will add the recommendation to the staff report.

CHAIR COSGROVE MADE A MOTION, SECOND BY COMMISSIONER PRESCOTTLOEFFLER, MOTION PASSED 7-0, TO RECOMMEND THE CITY COUNCIL APPROVE

THE PROPOSED STRATEGIC IMPLEMENTATION PLAN UPDATE WITH CHANGES

FOR THE ECONOMIC DEVELOMENT ALONG EL CAMINO REAL BE INCLUDED IN THE RESOLUTION.

10. OLD BUSINESS
None.

11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
None.

B. Tentative Future Agenda
Written report provided. ACP Rehm reviewed meetings on the future Agendas.

No absences to future meetings were reported.

C. Administrative Permit Report
Written report provided.

D. Staff Reports
None.

12. ADJOURNMENT
The Planning Commission adjourned to the Regular Meeting of the Planning Commission to be scheduled for Wednesday, March 18, 2026 at 6:00 p.m., which DRAFT
1301
Planning Commission Regular Meeting Minutes of March 4, 2026 Page 8 will be held at the San Clemente City Hall Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, California.

Respectfully submitted,
___________________________
Cameron Cosgrove, Chair
Attest:
___________________________
Zach Rehm, Secretary to the Planning Commission
DRAFT
1302
Attachment 3
1303
1304

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

A request to consider Public Hearing Project (PHP) 26-065, Zoning Amendment (ZA) 26- 066, Urban Lot Splits and Two-Unit Projects
A public hearing for the City Council to introduce and conduct a first reading of an ordinance to amend Municipal Code Title 17 (Zoning) and Title 16 (Subdivisions) updating regulations for Urban Lot Splits and Two-Unit Projects to be consistent with the Housing Element and updates to State law.

The City Council will also consider whether the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21083.3 and CEQA Guidelines § 15183 and 15061(b)(3).

Materials for this project are on file at the Planning Division, at 910 Calle Negocio, and are available for public inspection and comment by contacting Tamara Tatich with the Planning Division at (949) 498-6083 or [email protected]. If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of San Clemente at, or prior to, the public hearing.

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

Notice is further given that said public hearing will be conducted by the City Council on Tuesday, April 21, 2026 at 5:30 P.M. at the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California. All interested persons are invited to attend said hearing or provide written communication to the City Council to express their opinion for or against the project.

For further details, please call or visit the Community Development Department at the above phone number and address where information is on file and available for public inspection.

Laura Campagnolo
City Clerk and Ex-Officio Clerk of the Council
Attachment 4
1305
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10A.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
CALLING GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2026 AND ACTIONS RELATED ..body THERETO
Summary:

The next General Municipal Election in San Clemente is anticipated to take place on November 3, 2026. In November 2023, the City Council adopted Ordinance No. 1762 transitioning the City from at-large to by-district elections. Because the terms of office for two members of the City Council (currently filled by Mark Enmeier and Steve Knoblock) are scheduled to expire this year, the citizens of San Clemente in Districts 1 and 2 will be asked to vote to fill one seat in each district for full terms of four years. Additionally, the citizens of San Clemente will be asked to vote to fill one seat for a Mayor elected at-large.

The candidate filing period for Members of the City Council and Mayor will run from July 13, 2026 at 8:00 a.m. to August 7, 2026 at 5:00 p.m.

At this time, Staff recommends that the City Council adopt resolutions to: 1) call the General Municipal Election for November 3, 2026, that will include the election of one Council member in District 1, one Council member in District 2, and one Mayor elected at-large; 2) request that the County Board of Supervisors allow the City to consolidate its election with the General Election being conducted by the County of Orange on the same date and 3) adopt regulations for candidate statements. An optional resolution is also presented for Council’s consideration which, if adopted, would provide for the conduct of a special runoff election to resolve a tie vote among candidates who receive the same and the highest number of votes. If this resolution is not adopted prior to the election, State law (Elections Code section 15651) provides that the winner be determined by lot.

Considerations Identified by Staff:

Voting in municipal elections helps ensure that local leaders reflect the needs and priorities of the community. It empowers residents to influence decisions on issues such as public safety and infrastructure that directly affect daily life. Participating in local elections also strengthens democracy by encouraging civic engagement and accountability.

Council Options:
 Adopt Resolutions to Call the Election of November 3, 2026 and Consolidate the Election with the County.
 Direct Staff to return with additional information.
1306
Meeting Date: April 21, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
 Take no action.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The estimated cost to consolidate the City of San Clemente’s General Municipal Election of November 3, 2026 with the election being conducted on that date by the County of Orange Registrar of Voters’ Office is $91,714 – 116,257. This estimated cost includes the regularly scheduled election for two Members of the City Council (district 1 and district 2), one elected Mayor and one ballot measure. If the City Council chooses to add a second ballot measure, the estimated additional cost is $8,500-$17,000. In addition, $5,000 in charges will likely be incurred to accommodate incidental election expenses (such as City publications, translation services, and supplies).

Recommended Action(s):
..recommendation

1. Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 26-58 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.

2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 26-59 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION §10403 OF THE CALIFORNIA ELECTIONS CODE.

3. Resolution Adopting Regulations for Candidate Statements (Attachment 3) Adopt Resolution No. 26-60 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026.

4. Discuss and do not adopt the following optional resolution:

Resolution Providing for a Special Runoff Election in the Event of a Tie Vote (Attachment 4) Do not adopt Resolution No. 26-61 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A

SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE 1307
Meeting Date: April 21, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
AT ANY MUNICIPAL ELECTION, and therefore have a tie vote determined by lot pursuant to Elections Code section 15651(a).
..end
Attachment:

1. Resolution No. 26-58 calling November 3, 2026 election

2. Resolution No. 26-59 requesting election consolidation with the County of Orange registrar of Voters

3. Resolution No. 26-60 adopting regulations for candidate statements

4. Optional Resolution No. 26-61 providing for the conduct of a special runoff election in the event of a tie vote
Notification:

Orange County Registrar of Voters
Orange County Board of Supervisors
1308
09845.00500\43942845.1
RESOLUTION NO. 26-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, CALLING FOR THE HOLDING OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE

LAWS OF THE STATE OF CALIFORNIA RELATING TO

GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 3, 2026, for the election of Municipal Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of San Clemente, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing an at-large Mayor for the full term of two years; one Member of the City Council for District 1 for the full term of four years; and one member of the City Council for District 2 for the full term of four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk/Elections Official is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 5. That notice of the time and place of holding the election is given and the City Clerk/Elections Official is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 6. That the City Clerk/Elections Official shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 7. The City Council authorizes the City Clerk/Elections Official to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

Attachment 1
1309
Resolution No. 26-58 Page 2
PASSED, APPROVED AND ADOPTED ON __________, 2026.

Rick Loeffler, MAYOR of the City
of San Clemente, California
ATTEST:
____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-58 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _________day of _____________, __________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, this ______ day of _______________, 2026.

____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
1310
Attachment 2
RESOLUTION NO. 26-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION §10403 OF THE CALIFORNIA

ELECTIONS CODE
WHEREAS, on April 21, 2026, the City Council of the City of San Clemente adopted Resolution No. 26-58, calling a General Municipal Election to be held on November 3, 2026, for the purpose of electing one at-large Mayor for a full two-year term, one City Council Member to District 1 for a full four-year term, one City Councilmember to District 2 for a full four-year term, all commencing in December 2026; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that the precincts, voting methods (i.e., ballot drop boxes, vote centers and vote-bymail balloting) and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the General Municipal Election and that the General Municipal Election be held in all respects as if there were only one election; and
WHEREAS, Elections Code section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate San Clemente’s election with the statewide election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of electing one at-large Mayor for a full two-year term, one City Council Member to District 1 for a full four-year term, one City Councilmember to District 2 for a full fouryear term, all commencing in December 2026.

SECTION 2. That the form for election of Member of the City Council to District 1 is to appear on the ballot as follows:
1311
RESOLUTION NO. 26-59 Page 4

CITY OF SAN CLEMENTE
Member of the City Council, District 1
Vote for no more than One
SECTION 3. That the form for election of Member of the City Council to District 2 is to appear on the ballot as follows:

CITY OF SAN CLEMENTE
Member of the City Council, District 2
Vote for no more than One
SECTION 4. That the form for election of Mayor to appear on the ballot as follows:

CITY OF SAN CLEMENTE
Mayor
Vote for no more than One
SECTION 5. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418.

SECTION 6. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 7. That the City of San Clemente recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse (Candidate names to be inserted along with a write-in opportunity) (Candidate names to be inserted along with a write-in opportunity) (Candidate names to be inserted along with a write-in opportunity) 1312
RESOLUTION NO. 26-59 Page 4
the County for any costs.

SECTION 8. That the City Clerk/Elections Official is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange.

SECTION 9. That the City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this _____ day of _________, 2026.

Rick Loeffler, Mayor of the City
of San Clemente, California
ATTEST:

CITY CLERK, Elections Official of the City of
San Clemente, California
1313
RESOLUTION NO. 26-59 Page 4

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-59 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ______ day of ______________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _________ day of ______________, 2026.

CITY CLERK, Elections Official of the
City of San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
1314
Attachment 3
RESOLUTION NO. 26-60

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS

FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING

TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE

MUNICIPAL ELECTION TO BE HELD TUESDAY,
NOVEMBER 3, 2026
WHEREAS, Section 13307 of the Elections Code of the State of California allows each candidate for elective office to prepare a candidate statement of no more than 200 words on a form provided by the elections official; and WHEREAS, Section 13307 and the Federal Voting Rights Act require the elections official to include the written statements of each candidate in the voter information guide, with translation into all languages required by the County of Orange; and WHEREAS, Section 13307 permits the governing body of a local agency to estimate the total cost of printing, handling, translating, mailing, and electronically distributing these candidate statements and to require each candidate filing such a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office running in the general municipal election to be held in the City of San Clemente on Tuesday, November 3, 2026, may prepare a candidate statement on an appropriate form provided by the City Clerk/Elections Official.

The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations.

The statement shall be filed in the Office of the City Clerk/Elections Official during normal business hours, as posted, no sooner than Monday, July 13, 2026, and no later than Friday, August 7, 2026. The statement may be withdrawn but not changed during the stated period and until 5:00 p.m. on Monday, August 10, 2026.

SECTION 2. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required 1315
Resolution No. 26-60 Page 2
to translate candidate statements into the following languages: Spanish, Chinese, Korean and Vietnamese. The County will print, mail, and make available voter information guides and candidate statements in applicable languages as required.

SECTION 3. The City Clerk/Elections Official shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide. The estimate shall be an approximation of the actual cost and may be significantly more or less than the estimate. Accordingly, the City is not bound by the estimate and may, on a pro-rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost.

SECTION 4. The City Clerk/Elections Official shall provide each candidate or the candidate’s representative with a copy of this Resolution at the time the nominating petitions are issued. An electronic copy is sufficient to meet this requirement.

SECTION 5. No candidate will be permitted to include additional materials in the voter information packet.

SECTION 6. All previous resolutions establishing City Council policy concerning payment for Candidate Statements are hereby repealed.

SECTION 7. This resolution shall apply only to the election to be held on November 3, 2026, and shall then be repealed.

SECTION 8. The City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this _____ day of ___________, 2026.

Rick Loeffler, Mayor of the City of
San Clemente, California
ATTEST:
_______________________________
CITY CLERK, Elections Official
of the City of San Clemente, California
1316
Resolution No. 26-60 Page 3

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE)
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-60 was adopted at a regular meeting of the City Council of the City of San Clemente held on the __________day of ___________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ________ day of ______________, 2026. _______________________________
CITY CLERK, Elections Official
of the City of San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
1317
Attachment 4

RESOLUTION NO. 26-61

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

PROVIDING FOR THE CONDUCT OF A SPECIAL

RUNOFF ELECTION FOR ELECTIVE OFFICES IN

THE EVENT OF A TIE VOTE AT ANY MUNICIPAL

ELECTION
WHEREAS, on April 21, 2026, the City Council of the City of San Clemente adopted Resolution No. 26-58, calling a General Municipal Election to be held on November 3, 2026, for the purpose of electing one at-large Mayor for a full two-year term, one City Council Member to District 1 for a full four-year term, one City Councilmember to District 2 for a full four-year term; and
WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote prior to the conduct of the election resulting in the tie vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for any of the offices of Council member in District 1, Council member in District 2 and/or atlarge Mayor, to be voted for within the City, there shall be held within the City a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

SECTION 2. That this resolution shall apply only to the election to be held on November 3, 2026 and shall then be repealed.

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

PASSED, APPROVED AND ADOPTED this ________ day of ___________, 2026. 1318
Resolution No. 26-61 Page 2
ATTEST:
___________________________ __________________________
City Clerk, Elections Official of the Rick Loeffler, Mayor of the City of City of San Clemente, California San Clemente, California

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-61 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___________ day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California this ____________ day of ________________, 2026. ________________________________
CITY CLERK, Elections Official
of the City of San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
1319
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10B.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER 3, 2026 BALLOT TO ESTABLISH ..body TERM LIMITS FOR MAYOR AND RELATED ACTIONS Summary:

In November 2020, a measure was placed on the ballot allowing the electorate to vote on whether or not City Councilmembers would be subject to term limits. A majority of voters favored City Council term limits, and the City Council is now limited to serving two consecutive four-year terms, with the ability to again serve as a member of the City Council after being off the City Council for at least two years.

In conjunction with the General Municipal Election in November 2024, the City Council began transitioning to by-district elections, with Councilmembers from Districts 3 and 4 being voted on in 2024, and Districts 1 and 2, as well as the elected at-large Mayor, being on the November 2026 ballot.

When the City Council considered transitioning to by-district elections with a Mayor elected atlarge every two years, it adopted Ordinance No. 1762 and added Section 2.04.100 to the Municipal Code to address Mayoral term limits. Section 2.04.100 provides, in part, that the Mayor shall be elected at large by the people of San Clemente and shall serve a term of two years with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms. Pursuant to Government Code section 36502(b), the term limits are not operative until submitted to the electors at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the limits.

The City Council may choose to place the Mayoral term limits established in Ordinance No. 1762 on the ballot, thereby giving the voters the opportunity to decide in the November 3, 2026 General Municipal Election whether the Mayor should have a life-time term limit of three (3) full two-year terms.

If the City Council determines to submit Mayor term limits to the voters so that they will become operative, the question is recommended to appear on the ballot as follows:
1320
Meeting Date: April 21, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
[Insert Ballot Measure Letter]
San Clemente, Mayor Term
Limits
Shall the office of Mayor of the
City of San Clemente be subject
to a lifetime term limit of three
full two-year terms?
YES
NO
Alternatively, the City Council could choose to add a ballot measure to the November 2028 or 2030 election enacting Mayor term limits at that time. The City Council could also decide that different term limits for Mayor should be presented to the voters or that the term limits should remain inoperative.

If the City Council places the Mayor term limits on the ballot, the City Council should decide whether to authorize any City Councilmember(s) to submit argument(s) on the measure (Resolution No. 26-63) or whether it wants to authorize a process permitting a community submittal of the argument(s) on the measure (Resolution No. 26-64).

Considerations Identified by Staff:

Allowing the electorate to vote on mayor term limits helps ensure regular turnover of leadership, which can bring fresh ideas and increased accountability by giving voters more frequent opportunities to evaluate and vote for their elected leaders. Term limits can also encourage broader civic participation by creating more open opportunities for new candidates to run for office.

Council Options:
 Adopt Resolution No. 26-62 to include a measure on the November 3, 2026 ballot to ask the electorate whether or not Mayoral term limits shall be enacted.  Adopt Resolution No. 26-63 determining that specified members of the City Council shall submit argument(s) on the measure.
 Adopt Resolution No. 26-64 authorizing a process permitting a community submittal of arguments on the measure.
 Take no action.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The Orange County Registrar of Voters estimates that a ballot measure will cost between $8,500 - $17,000 if added to the General Municipal Election of November 2026 ballot. The total estimate of the election, including one ballot measure is $91,714-$116,257.

Recommended Action(s):
..recommendation
1321
Meeting Date: April 21, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Staff recommends that the City Council determine whether to add a measure to the General Municipal Election of November 3, 2026 for the voters to decide whether the Mayor should have a life-time term limit of three (3) full two-year terms.

If the City Council chooses to add the Ordinance on Mayor term limits to the ballot, it is recommended that the City Council take action as follows:

1. Adopt Resolution No. 26-62 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CALLING AND ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY OF SAN CLEMENTE A BALLOT MEASURE

RELATING TO MAYOR TERM LIMITS AT THE GENERAL MUNICIPAL ELECTION TO BE CONSILIDATED AND HELD ON TUESDAY, NOVEMBER 3, 2026
Exhibit A - AN ORDINANCE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING

MAYORAL TERM LIMITS

2. Determine whether the City Council wants to authorize any Council member(s) to submit argument(s) on the measure.

A. If the City Council wants to authorize any Council member(s) to submit arguments on the measure, staff recommends that the City Council fill in the blanks as desired and adopt Resolution No. 26-63 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS, INCLUDING FROM CITY COUNCILMEMBERS, REGARDING A CITY

MEASURE CONCERNING WHETHER THE OFFICE OF MAYOR SHALL HAVE TERM

LIMITS TO BE SUBMITTED TO CITY VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND PROVIDING FOR REBUTTAL

ARGUMENTS
OR
B. If the City Council does not want to authorize any Council member(s) to submit arguments on the measure and wants a community submittal process, staff recommends that the City Council adopt Resolution No. 26-64 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING PRIORITIES FOR FILING

WRITTEN ARGUMENTS REGARDING A CITY MEASURE CONCERNING WHETHER

THE OFFICE OF MAYOR SHALL HAVE TERM LIMITS TO BE SUBMITTED TO CITY VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND PROVIDING FOR REBUTTAL ARGUMENTS
..end
Attachment:

1. Resolution No. 26-62 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CALLING AND ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY OF SAN CLEMENTE A BALLOT MEASURE

RELATING TO MAYOR TERM LIMITS AT THE CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026
1322
Meeting Date: April 21, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
-Exhibit A - AN ORDINANCE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING

MAYORAL TERM LIMITS

2. Resolution No. 26-63 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS, INCLUDING FROM CITY COUNCILMEMBERS, REGARDING A CITY

MEASURE CONCERNING WHETHER THE OFFICE OF MAYOR SHALL HAVE TERM

LIMITS TO BE SUBMITTED TO CITY VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND PROVIDING FOR REBUTTAL ARGUMENTS

3. Resolution No. 26-64 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN

ARGUMENTS REGARDING A CITY MEASURE CONCERNING WHETHER THE OFFICE

OF MAYOR SHALL HAVE TERM LIMITS TO BE SUBMITTED TO CITY VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026, AND

PROVIDING FOR REBUTTAL ARGUMENTS
Notification:

Orange County Registrar of Voters
Orange County Board of Supervisors
1323
Attachment 1

RESOLUTION NO. 26-62

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, CALLING

AND ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY OF SAN

CLEMENTE A BALLOT MEASURE RELATING TO

MAYOR TERM LIMITS AT THE GENERAL

MUNICIPAL ELECTION TO BE CONSOLIDATED
AND HELD ON TUESDAY, NOVEMBER 3, 2026
WHEREAS, a General Municipal Election for Tuesday, November 3, 2026, has been called by Resolution No. 26-58, adopted on April 21, 2026 and Resolution No. 26-59, adopted on April 21, 2026, requested that the Board of Supervisors of the County of Orange to consolidate the General Municipal Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on that date; and WHEREAS, on November 7, 2023, the City Council of the City of San Clemente adopted Ordinance No. 1762, which, among other things, added Section 2.04.100 to Chapter 2.04 of Title 2 of the San Clemente Municipal Code, which provides in part that the elected Mayor “shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms”; and
WHEREAS, pursuant to Government Code section 36502(b), those term limits are not operative until submitted to the electors at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the limits; and WHEREAS, the City Council finds that it is in the best interest of the residents of San Clemente for the voters to consider whether term limits should be imposed on the office of Mayor; and
WHEREAS, the City Council also desires, on its own motion, to submit to the voters at the November 3, 2026 Statewide General Election a question relating to Mayor term limits.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Clemente does resolve, declare, determine and order as follows, that:

SECTION 1. The above recitals are true and correct and incorporated herein fully as findings.

SECTION 2. Pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of San Clemente, California, on Tuesday, November 3, 2026, a General Municipal Election. 1324
Resolution No. 26-62 Page 2
4919-7067-8175 v1

SECTION 3. The City Council pursuant to its right and authority, does order to be submitted to the voters at said General Municipal Election the following question:
[Insert Ballot Measure Letter]
San Clemente, Mayor Term
Limits
Shall the office of Mayor of the
City of San Clemente be subject
to a lifetime term limit of three full
two-year terms?
YES
NO
SECTION 4. The Ordinance to be placed before the voters is attached as Exhibit "A" hereto and incorporated into this resolution fully by reference. The City does not request the Registrar of Voters to print the entire text of the Ordinance in the voter information materials.

The ballots to be used at the election shall be in the form and content as required by law.

SECTION 5. The vote requirement for the Ordinance to pass is a majority (50% +1) of the votes cast.

SECTION 6. The City Clerk/Elections Official is authorized, instructed, and directed to coordinate with the Registrar of Voters of the County of Orange to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 7. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due.

SECTION 8. The polls for the election shall be open as provided by applicable law.

SECTION 9. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 10. Notice of the time and place of holding the election is given and the City Clerk/Elections Official is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 11. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk/Elections Official to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk/Elections Official within the date set by the City Clerk/Elections Official for the filing of primary arguments. 1325
Resolution No. 26-62 Page 3
4919-7067-8175 v1

SECTION 12. The City Clerk/Elections Official is hereby directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Orange County Registrar of Voters and to issue instructions to the Registrar of Voters to execute such documents and take any and all steps necessary to hold the election and propose this measure.

SECTION 13. The City requests for this measure to be treated by the County of Orange pursuant to Resolution No. 26-58, wherein the City: requested that the County agree to consolidate the General Municipal Election with the Statewide General election; requested that the County permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election; requested that the Registrar of Voters canvass the returns and hold the election as if it were only one election with one form of ballot; requested that the County Board of Supervisors issue instructions to the Registrar of Voters to take any and all steps for the holding of the consolidated election and canvas the returns; and agreed to reimburse the County in full for the services performed by the Orange County Registrar of Voters by the City of San Clemente upon presentation of a proper invoice, including reimbursement for any additional costs to consolidate the election.

SECTION 14. That this resolution shall apply only to the election to be held on November 3, 2026 and shall then be repealed.

SECTION 15. That the City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ________ day of ___________, 2026. ________________________ __
Rick Loeffler, Mayor of the City
of San Clemente, California
ATTEST:
______________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
1326
Resolution No. 26-62 Page 4
4919-7067-8175 v1

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-62 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___________ day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California this ____________ day of ________________, 2026. ______________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney

1327

EXHIBIT A
Full Text of Measure ___
ORDINANCE NO. ---

AN ORDINANCE OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, SETTING MAYORAL TERM LIMITS
WHEREAS, on November 7, 2023, the City Council of the City of San Clemente adopted Ordinance No. 1762, which, among other things, added Section 2.04.100 to Chapter 2.04 of Title 2 of the San Clemente Municipal Code, which provides in part that the elected Mayor “shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms”; and WHEREAS, pursuant to Government Code section 36502(b), those term limits are not operative until submitted to the electors at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the limits.

NOW THEREFORE, THE PEOPLE OF THE CITY OF SAN CLEMENTE DO ORDAIN AS FOLLOWS:

SECTION 1. The provisions in Section 2.04.100 of Chapter 2.04 of Title 2 of the San Clemente Municipal Code, which provide that the elected Mayor “shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms” shall be operative and are hereby enacted and approved.

SECTION 2. The City Council shall be prohibited from changing the terms limits for an elected Mayor as established by this Ordinance without a vote of the people. The term limits for an elected Mayor may be moved to a different Section in the Municipal Code for clarity or convenience provided that any such amendment does not change the substance of the fact that the elected Mayor shall serve a term of two years, with a lifetime term limit of three full terms, and without the ability to run for Mayor again after completing three full terms.

SECTION 3. If any part of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of the ordinance. The City declares that it would have adopted this ordinance, and each part of it, irrespective of the possibility that some part or parts of it might be declared invalid or unconstitutional.

SECTION 4. This Ordinance shall take effect if it is approved by a majority of the eligible voters of the City of San Clemente voting at the General Municipal Election to be held on November 3, 2026, and shall only apply prospectively beginning with Mayor terms that start after the November 3, 2026 election. If so approved, the Ordinance becomes 1328
effective 10 days after the City Council declares and certifies the results of the election by resolution.

SECTION 5. The City Clerk/Elections Official is hereby directed to publish this Ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of San Clemente.

I certify that Ordinance No. --- was adopted by the electorate of the City of San Clemente at a General Municipal Election held on November 3, 2026. This Ordinance was adopted as a result of the passage of Measure ___. Please refer to Resolution No. ____ for the recitation of the election results.
______________________________
Laura Campagnolo
City Clerk, Elections Official of
the City of San Clemente, California
1329
Attachment 2
RESOLUTION NO. 26-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, SETTING

PRIORITIES FOR FILING WRITTEN ARGUMENTS,

INCLUDING FROM CITY COUNCILMEMBERS,

REGARDING A CITY MEASURE CONCERNING

WHETHER THE OFFICE OF MAYOR SHALL HAVE

TERM LIMITS TO BE SUBMITTED TO CITY VOTERS

AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, AND PROVIDING FOR

REBUTTAL ARGUMENTS
WHEREAS, a General Municipal Election is to be held in the City of San Clemente, California on November 3, 2026; and
WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:
[Insert Ballot Measure Letter]
San Clemente, Mayor Term
Limits
Shall the office of Mayor of the
City of San Clemente be subject
to a lifetime term limit of three full
two-year terms?
YES
NO
WHEREAS, Elections Code section 9282 authorizes the filing of written arguments for and against measures placed on the ballot, with priority determined according to state law; and
WHEREAS, Elections Code section 9285 allows for the filing of rebuttal arguments only if the legislative body adopts the provisions of Elections Code section 9282(a) by majority vote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Ballot arguments shall be accepted for and against this measure in the manner required by law. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk/Elections Official, in accordance with Elections 1330
Resolution No. 26-63 Page 2
4905-4942-0960 v1
Code section 9286(b), after which no arguments for or against the measure may be submitted to the City Clerk/Elections Official. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of Argument as supplied by the City Clerk/Elections Official.

SECTION 2. That the City Council authorizes the following member(s) of its body to file a written argument(s) not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California:
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member Against)
(Council Member Against)
(Council Member Against)
(Council Member Against)
(Council Member Against)
SECTION 3. Pursuant to section 9285 of the Elections Code of the State of California, when the City Clerk/Elections Official has selected the arguments for and against a measure that will be printed and distributed to the voters, the City Clerk/Elections Official shall send copies of the argument in favor of the measure to the author(s) of any argument against, and copies of the argument against to the author(s) of any argument in favor. The author or a majority of the authors of an argument may prepare and submit a rebuttal argument not exceeding 250 words or may authorize, in writing, any other person or persons to prepare, submit, or sign the rebuttal argument and file it with the City Clerk/Elections Official no later than 10 days after the final filing date for primary arguments. These provisions for rebuttal arguments are only applicable to the November 3, 2026 General Municipal Election and after that election shall expire.

SECTION 4. That the City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on the _____ day of ____________, 2026.
1331
Resolution No. 26-63 Page 3
4905-4942-0960 v1
___________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
ATTEST:

______________________________
CITY CLERK, Elections Official of the
City of San Clemente, California

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-63 was adopted at a regular meeting of the City Council of the City of San Clemente held on the __________day of ___________, _____, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ________ day of ______________, _____. ________________________________
CITY CLERK, Elections Official of the
City of San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
1332
Attachment 3
RESOLUTION NO. 26-64

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, SETTING

PRIORITIES FOR FILING WRITTEN ARGUMENTS

REGARDING A CITY MEASURE CONCERNING

WHETHER THE OFFICE OF MAYOR SHALL HAVE

TERM LIMITS TO BE SUBMITTED TO CITY VOTERS

AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026, AND PROVIDING FOR

REBUTTAL ARGUMENTS
WHEREAS, a General Municipal Election is to be held in the City of San Clemente, California on November 3, 2026; and
WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:
[Insert Ballot Measure Letter]
San Clemente, Mayor Term
Limits
Shall the office of Mayor of the
City of San Clemente be subject
to a lifetime term limit of three full
two-year terms?
YES
NO
WHEREAS, Elections Code section 9282 authorizes the filing of written arguments for and against measures placed on the ballot, with priority determined according to state law; and
WHEREAS, Elections Code section 9285 allows for the filing of rebuttal arguments only if the legislative body adopts the provisions of Elections Code section 9282(a) by majority vote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Ballot arguments shall be accepted for and against this measure in the manner required by law. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk/Elections Official, in accordance with Elections Code section 9286(b), after which no arguments for or against the measure may be 1333
Resolution No. 26-64 Page 2
4916-9630-2752 v1
submitted to the City Clerk/Elections Official. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of Argument as supplied by the City Clerk/Elections Official.

SECTION 2. Due to the community interest in this issue, the City Council authorizes a process permitting a community submittal of the arguments. Under Elections Code Section 9282, a ballot argument on this measure may only be submitted by an individual voter eligible to vote on the measure, a bona fide association of citizens, or any combination of voters or associations.

SECTION 3. Pursuant to section 9285 of the Elections Code of the State of California, when the City Clerk/Elections Official has selected the arguments for and against a measure that will be printed and distributed to the voters, the City Clerk/Elections Official shall send copies of the argument in favor of the measure to the author(s) of any argument against, and copies of the argument against to the author(s) of any argument in favor. The author or a majority of the authors of an argument may prepare and submit a rebuttal argument not exceeding 250 words or may authorize, in writing, any other person or persons to prepare, submit, or sign the rebuttal argument and file it with the City Clerk/Elections Official no later than 10 days after the final filing date for primary arguments. These provisions for rebuttal arguments are only applicable to the November 3, 2026 General Municipal Election and after that election shall expire.

SECTION 4. That the City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on the _____ day of ____________, 2026.
_________________________
Rick Loeffler, Mayor of the City
of San Clemente, California
ATTEST:

____________________________________
CITY CLERK, Elections Official of the City of
San Clemente, California
1334
Resolution No. 26-64 Page 3
4916-9630-2752 v1

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-64 was adopted at a regular meeting of the City Council of the City of San Clemente held on the __________day of ___________, _____, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ________ day of ______________, _____. _____________________________________
CITY CLERK, Elections Official of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
1335
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10C.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
CITY COUNCIL ACTION UNDER ELECTIONS CODE SECTION 9215 IN CONNECTION WITH

THE CERTIFICATION OF A PETITION RELATED TO A SALES TAX MEASURE AND RELATED ACTIONS; AND A REVIEW OF THE BALLOT MEASURE FOR EDUCATIONAL PURPOSES AND HOW THE MEASURE, IF APPROVED, WOULD IMPACT THE CITY’S FINANCES AND OPERATIONS ..body
Summary:

On August 26, 2025, an intent to circulate a petition was filed with the City Clerk by the proponent and registered San Clemente voter, Cameron Cosgrove. As required by law, the City Attorney provided the ballot title “An Initiative of the People of the City of San Clemente to Adopt a Sales Tax Increase of One Percent (1%) to Protect Against the Natural Hazards of Beach Erosion and Fires” (Initiative) and a summary prior to circulation. The petition was filed by the proponent with the City Clerk on February 9, 2026. The Orange County Registrar of voters has verified that the petition contains the signatures of over 10% of the City’s registered voters. The City Council is now required to take action under Elections Code Section 9215 to either submit the measure, without alteration, to the voters or order a report regarding the Initiative.

On January 20, 2026, the City Council directed staff to review the Initiative and to “educate the public related to the matters of the Citizen Initiative related to impacts on the community and City.” By nature, this staff report addresses two very distinct issues: 1) the statutory obligations and legal options available to the City Council in relation to the Initiative, and 2) a staff review of the Initiative and provision of information to educate the public about matters related to the Initiative. Therefore, the staff report will be separated into two Sections in an effort to improve readability and reduce confusion.

As a point of initial discussion, there may be instances where the terms “initiative” and “ballot measure” are used interchangeably. In the simplest of terms, an initiative petition generally requires the gathering of a certain number of signatures to qualify as a ballot measure. Once certified and placed on the ballot, an initiative petition becomes a ballot measure.

Section 1 – Statutory Obligations and Legal Options
The City Council is required to make an Elections Code determination for the qualified initiative. In order to qualify for placement on the ballot, the proponent was required to obtain the signatures of at least 10% percent of the registered voters in the City. The City relies on the Orange County Registrar of Voters to validate the signatures and therefore, the first action necessary is to accept the City Clerk’s and the Orange County Registrar of Voters’ certifications. If there is not a significant 1336
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reason to question the determination of the Registrar, or gather more information potentially about some of the language in the Initiative, the City Council should adopt Resolution No. 26-65 that will result in the submission of the Initiative as written, without alteration, for voter consideration at the City’s next regular general election on November 3, 2026, pursuant to Elections Code Sections 9215(b), and 1405(a). In addition, it is recommended that the City Council consolidate the election (consent to have Orange County administer the election) related to the Ballot Measure with the November 3, 2026, General Municipal Election, an action that is included in the proposed resolution.

It is appropriate for the City Council to also consider the following discretionary actions in relation to the Initiative and enact any or all of the actions by motion or in connection with adoption of the relevant proposed resolution:
 Direct the City Attorney prepare an impartial analysis to be included in the ballot.  Authorize the City Council, specific members or a subcommittee, to submit an argument in opposition to the Ballot Measure and allow a rebuttal.

Optional-Request an Impartial Analysis
Pursuant to Elections Code Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis. If so desired, the City Council should leave the language in the proposed resolution directing the City Clerk (as the elections official) to transmit the measure to the City Attorney to prepare an impartial analysis showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis must also indicate if the measure is being placed on the ballot as a result of a petition signed by the requisite number of voters. The impartial analysis may not exceed 500 words in length.

Optional-City Council Submission of a Written Argument in Opposition and Rebuttal Elections Code 9282(a) authorizes the City Council to submit an argument in opposition to the measure, if so desired. Only the City Council or authorized members may submit an argument in opposition to the measure. The law does not allow for opposing arguments to be made by individuals or citizen associations.

In accordance with Elections Code Section 9285(a), arguments in rebuttal to arguments are only permitted by those who submit arguments for or against a measure to address the other side of the argument. Under Elections Code Section 9285(b), rebuttals are also only permitted if the City Council adopts the provisions of Elections Code Section 9285(a) by majority vote on or before the day upon which it calls for the municipal election. The proposed optional resolution includes allowing for rebuttal arguments. If that resolution is adopted by the City Council, then rebuttals would be allowed on the Ballot Measure if there are arguments filed in favor and against the measure.

Procedural considerations exist if the City Council chooses to submit an argument in opposition to the Ballot Initiative (and a rebuttal) related to compliance with the Brown Act. Potential solutions include a special meeting to discuss and approve an argument/rebuttal, or delegation of the task to a subcommittee or single Councilmember. There is no obligation to submit an argument in opposition to the Ballot Measure (or a later rebuttal) and the City Council could decide not to submit an argument in opposition. In that case, the only argument that would be included would 1337
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be the argument in favor of the measure, if submitted by the proponent (and there would be no rebuttals).

Required-Ballot Question Language
The City Council must consider the wording of the “ballot question.” The ballot question is required to be included in the Resolution calling for the election. (Elections Code § 10403).

Pursuant to Elections Code § 13119, the ballot question shall include a statement of the measure to be voted upon, the amount of money to be raised annually and the rate and duration of the tax to be levied, be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.

The suggested ballot question below has been included in the Resolution attached hereto. If the City Council chooses to modify the language, the revisions must comply with Elections Code § 13119, and be included in the motion adopting the Resolution.

SAN CLEMENTE NATURAL HAZARDS SALES TAX CITIZENS INITIATIVE Shall the measure establishing two funds dedicated to protecting San Clemente from natural hazards of beach erosion and fires and a 1% sales tax increase, providing approximately $15,000,000 annually for 10 years, requiring public spending disclosure, independent audits, all funds used locally for specified purposes only, including sand replenishment/ nourishment/ retention, beach erosion control, maintaining/ restoring beach access/ water quality and supporting fire protection/ prevention programs/ services, be adopted?
YES

NO
Alternative Actions
As an alternative to calling the election now, in accordance with Elections Code Section 9215(c), the City Council could order the preparation of a report on one or more of the topics described in Elections Code Section 9212 and call the election after that report is returned to a City Council meeting within 30 days. The City Council may order the preparation of a report on any or all of the following with respect to the Initiative:

1. The fiscal impact of the Ballot Measure.

2. The effect the Ballot Measure may have on the internal consistency of the City’s General and Specific Plans, including the Housing Element, the consistency between planning and zoning, and the limitations on City actions under Section 65008 of the California Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the California Government Code.

3. The effect of the Ballot Measure on the use of land, the impact on the availability and location of housing, and the ability of the City to satisfy regional housing needs. 1338
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4. The impact of the Ballot Measure on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses.

5. The impact of the Ballot Measure on the community’s ability to attract and retain business and employment.

6. The impact of the Ballot Measure on the uses of vacant parcels of land.

7. The impact of the Ballot Measure on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.

8. Any other matters the legislative body requests to be in the report.

In this instance, on January 20, 2026, the City Council informally directed staff to provide an informational report on the Initiative, which is included in Section 2. Upon review of the report, the City Council could request additional information or order a formal report under Elections Code sections 9215(c) and 9212, identifying specific additional topics to be included. If ordered, the report would need to be completed and returned to the City Council on May 19, 2026 (or another City Council meeting within 30 days). When a formal report is ordered and returned, the City Council would then be required to order an election on the Ballot Measure under Elections Code sections 9215(b) and 1405.

Section 2 – Initial Staff Review and Informational Report on Citizens Initiative On January 20, 2026, staff was instructed to “educate the public related to the matters of the Citizen Initiative related to impacts on the community and City.” Every intention is to provide educational information and how the measure, if passed, would impact the financial and operational functions of the City. It must be recognized that the contents may appear to be supportive of the measure, but that is not the intent. If the ballot measure fails, there will be no fiscal impact on the financial or operational functions of the City. Therefore, the remainder of this report addresses impacts if the measure passes, which could be perceived as support.

Conversely, any discussion about other possible funding options may lead a reader to believe staff is opposed to the Measure. In reality, staff neither favors nor opposes the Initiative, but there are some financial realities that should be discussed as part of the review.

Purpose and Intent
In preparation of the Initiative, the proponent identified the purpose and intent of the Ballot Measure as (partially summarized):

To protect San Clemente’s beach resources and neighborhoods from natural hazards, through a locally controlled special one percent (1%) transactions and use tax within the City of San Clemente. The Initiative provides dedicated local funding to protect San Clemente beaches and wildfire-prone neighborhoods from natural hazards, specifically, beach erosion and wildfire risks.
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As proposed, the Ballot Measure would cause the San Clemente Municipal Code to be amended to enact a one percent (1%) local transactions and use tax (sales tax) and includes an effective date that would likely be either April 1 or July 1, 2027, given the statutory implementation timeframes necessary, if the Ballot Measure is passed by a majority (at least 50% plus 1) of the voters. It should be noted that there is a current statewide effort to require citizen’s initiatives that include dedicated or targeted funding to pass by the same 2/3rds majority as the recent City sponsored Ballot Measure (BB), but that is only speculation at this point in time.

Imposition of a Transactions and Use Tax (Sales Tax)
If adopted, the increase in sales tax would apply to all retailers in the City at the rate of an additional one percent (1%) of the gross receipts of all tangible personal property sold in the City.

It should be noted that the tax does not apply to groceries, medicine and other non-taxable items, while certain sales not currently collected by the City, such as sales tax on personal vehicles, would now apply and be collected at the point of sale and transmitted to the City of San Clemente. The sales tax laws of California are very complex and constitute a significant portion of the Initiative. For further details, the full Initiative is attached hereto.

If approved by voters, the tax would be imposed for 10 years, but could be renewed by voters for an additional 10 years after year eight of the new tax. There is no inclusion of further extension and thus additional years would require another ballot measure.

Allowable Uses of the Funds Collected
The Ballot Measure identifies allowable uses of the funds generated. If passed (the funds must be placed in two restricted funds and be independently audited). The revenue from the sales tax increase would be allocated equally between beach protection, and fire protection and wildfire preparedness. The activities identified include:

Beach Protection Fund (50% of proceeds):
 Planning, implementation and maintenance of beach protection and restoration efforts.  Sand replenishment, nourishment and retention projects.  Beach erosion control.
 Maintenance, repairs and improvement of the Beach Trail, beach access points and pedestrian bridges.
 Maintenance, repairs and improvement of the pier and beachfront restrooms.  Beach water quality protection measures related to ocean stormwater management. 1340
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Fire Protection and Wildfire Preparedness Fund (50% of proceeds):
 Support for fire protection and emergency medical response services to enhance wildfire readiness, emergency response capabilities and the firefighters, paramedics, and equipment needed to protect lives, property, and public safety.
 Proactive wildfire risk reduction efforts (mechanical removal, targeted goat and sheep grazing, and other cost-effective vegetation management).
 Hazardous vegetation management.
 Outreach, education, and engagement programs focused on wildfire prevention and vegetation management.

The development and adoption of operational plans that include the allowable uses of the funding listed above must be completed within one year of the effective date of the enabling ordinance.

There are specific reporting responsibilities including an Annual Accountability Report that will be submitted to the City Council and an Oversight Committee.

Financial Considerations
The anticipated revenue is an estimate only and is somewhat anecdotal. The first element of the calculation is quite straightforward, a doubling of the sales tax currently received by the City. In Fiscal Year 2025, the City received about $12.8 million in sales tax. A second element of the calculation involves the purchase of vehicles, vessels and aircraft. If a city has enacted a transaction use tax like the sales tax increase being considered in the ballot measure, the 1% increase would apply to the purchase of vehicles, vessels and aircraft and the 1% increase would be transmitted to the City of San Clemente.

Because a majority of the vehicles, vessels and aircraft are purchased outside of the City and the City does not currently receive any portion of the sales tax, there would be a proportional increase in revenue. Therefore, it is reasonable to estimate that the potential revenue generated by the increase in sales tax would be approximately $15 million, if passed by the voters; with half ($7.5 million) dedicated to the Beach Protection Fund and half ($7.5 million) dedicated to the Fire Projection and Wildfire Preparedness Fund. The funds would be separately tracked, received and spent from the Beach Protection Fund and the Fire Projection and Wildfire Preparedness Fund.

The funds generated by the Ballot Measure would be restricted and could only be used for the specific purposes identified in the Measure.

If the Ballot Measure fails, the City would continue to operate in a similar fashion as it has for many years. Drastic changes in the provision of municipal services would not be anticipated and for the most part, it would be business as usual. However, business as usual has not included the placement of sand on local beaches (a new activity not previously funded), proper maintenance of coastal infrastructure (pier, trail, bridges) previously maintained by the now dissolved Redevelopment Agency, and wildfire preparations such as fuel modification, forward staging of equipment and personnel, funding for private property improvements, etc. which has not been funded in the past. Therefore, it is likely that funding for these activities would be challenging to identify and if deemed necessary would impact the service levels in the community. 1341
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Education on Related Matters
Staff was instructed to “educate the public related to the matters of the Citizen Initiative related to impacts on the community and City.” Half of the funding proposed in the Measure includes coastal maintenance and improvements, with a primary focus on beach nourishment. There are three distinct elements of beach nourishment: 1) permitting and program approval, 2) identification of sand sources, and 3) placement of sand on beaches.

1. Permitting and Program Approval – The permitting and program approval element of beach nourishment in San Clemente is nearing completion and has been accomplished in a very short period of time. The current sand shortfall estimates indicate that we need to place approximately 5-7 million cubic yards of sand in the local littoral cell to restore the beaches to a healthy and more self-sustaining condition.
 Army Corps of Engineers – this program,
if completed, will place about 2 million
cubic yards of sand between T Street and
Linda Lane over the next 50 years. The
picture to the right illustrates the
expansion of the beach that is identifiable
by the lighter existing sand and the newly
placed darker sand. The color difference
has made monitoring the movement of the
sand easier to track and follow.
 SANDAG Regional Beach Project – this
program, if we choose to participate,
would bring about 1 million cubic yards of sand to San Clemente beaches.  Sand Compatibility and Opportunistic Use Program
(SCOUP) – this program allows the City to place up to
300,000 cubic yards of sand on the beach every year
for ten years, if maximized, the program could add up
to 3 million cubic yards of sand on San Clemente
beaches.
 OCTA – The City of San Clemente was instrumental
in getting sand included in the mitigation measures for OCTA revetment work which will bring at least
540,000 cubic yards of sand to San Clemente
beaches to restore the fronting beach width on the
ocean side of the revetment.

These programs, if fully implemented, could bring up to 7 million cubic yards of sand to San Clemente Beaches. However, the reality of programs like SCOUP may yield less than full implementation so 4-5 million cubic yards may be more realistic. 1342
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2. Identification of Sand Sources – The second element is finding beach quality sand that can be transported to the beaches of San Clemente. This is one of the most challenging and misunderstood tasks of beach nourishment. The volumes of sand are almost incomprehensible. A full dump truck of sand holds about 10 cubic yards and the City is seeking to place up to 7 million cubic yards of sand on the beaches of the community; 700,000 dump truck loads. Due to this magnitude, dredging quickly becomes the preferred method of delivery. The City has secured a lease for an off-shore sand source for the Army Corps project off the coast of North Orange County. The location of the current lease had added significant costs to the estimated costs for sand delivery. The City is actively searching for an alternative site in order to reduce the ongoing costs and there is a high probability that sand will be located somewhat closer to the City.

The City is also looking at inland sources and some potential sites have been located.

However, none of them have been finalized and transporting the sand is not only costly, but the impact from the trucks is significant. Locations such as Prado Dam, the White Water River, various gravel pits, and even sand from the Columbia River have been explored. Other alternatives, such as the “Sand Savers” methods suggested by a resident and being examined by staff, has a price tag near $60 million, but may result in greater sand retention.

3. Placement of Sand on the Beaches –
The primary obstacle of placing sand
on the beach, once permitted and
located, is the cost of transporting the
material. It is important to acknowledge
changes in past revenues that have
impacted the General Fund. They have
been raised before and are often
discounted, but they are real and
although they occurred years ago, the
City is beginning to feel the full impact
of the revenue losses.
 Clean Ocean Fund – The clean ocean fund was approved by voters and in-place for a couple of decades before it expired during COVID with no effort to extend the funding. The fee was created to fund the capture and treatment of storm drainage and other pollutants before they entered the ocean. Although none of this funding was used for sand placement, the activities once addressed by the Clean Ocean Fund have now been largely absorbed by the General Fund leaving about $3 million less per year for other activities such as beach nourishment.
 Street Improvement Fund – Another voter approved fee of about $3 million per year was implemented to improve the condition of the roads in San Clemente. By all accounts, before imposition of the fee, the City had many roads in poor condition and today we have some of the best roads in the County. However, the fee expired about a dozen years ago 1343
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and was not renewed. Road surfaces typically last about 10-15 years and we are now beginning to see some signs that the amount of future roadwork needed to keep our roads in top notch condition will require more funding than we receive annually from the various gas taxes and transportation grants. For several years, the General Fund has augmented road projects by more than $500,000 per year.
 Loss of Tax Increment – The dissolution of Redevelopment Agencies in 2012 resulted in the loss of tax increment funding and the 20% set aside for housing. The City’s RDA project area was generally located in the pier bowl area and the increment generated was used to maintain the pier, lifeguard facilities, parking lot, Parque del Mar, and other ancillary facilities in the project area. With today’s property values, there would likely be about $3 million of increment generated from the project area. Those activities have also been absorbed by the General Fund which has resulted in 10 years of minimal or deferred maintenance in a highly corrosive environment. Staff has indicated a near-term need of $5 million to refurbish the pier before some items start to seriously deteriorate (deck planking for example.)
Despite the loss of $8-10 million in revenue (today’s dollars), the City adjusted and established a new “normal” operating structure. That structure, in place today, is generally sustainable for the long term. However, there is very little room to introduce new programs, especially those with very high price tags like beach nourishment and wildfire preparation.

Potential Projects if the Ballot Measure is Approved by Voters The direction of the City Council included an analysis of “impacts on the community and City.” Staff has included several potential projects that could be considered by the City Council. Once again, because the funding is divided between coastal protection and prevention and preparation for wildfires, staff has included some potential project for each funding source.

Coastal Projects - A review of annual coastal cost estimates not historically included in the General Fund provides a rough estimate of costs for a comprehensive coastal management program.

1. Army Corps Project – The City is
responsible for 50% of the project
costs for the next 45 years. In the initial
phase, the City was only responsible
for 35% of the costs and the State of
California provided 85% of that
amount. Therefore, the City’s portion
was very minimal, less than $1 million.

However, State funding is increasingly
difficult to obtain, so there is a need to
identify the full 50% match to ensure
the project will continue.
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If sand can be identified closer to the City than Surfside/Sunset and “original” cost estimates for the project can be used, the City’s share would be about $10 million every 5-6 years (NPV or 2024 numbers and the agreement contemplates inflation growth over time), or about $2 million per year. However, there are also ongoing monitoring and permitting costs that the City must complete and the City cost would likely be in the neighborhood of $2.5 million per year (NPV).

Army Corps Project - $2.5 million per year

2. SANDAG Project – SANDAG has included the City of San Clemente in the Regional Beach Sand Project III and determined the City could obtain about one million cubic yards of sand through the project. Although SANDAG is seeking funds to cover some of the costs, it is very likely that the City would need to cover AT LEAST 50% of the costs. For an estimate, extrapolating from the Army Corps Project (very likely the same players – USACE, Manson, etc.) the cost would be about $40 million (City cost for 250,000 cubic yards estimated at $10 million and 4 x 250,000 cubic yards = 40 million). The City would need to start saving now for a project that could occur within about 10 years.

SANDAG Project - $4 million per year for 10 years

3. Smaller Sand Placements – The City has obtained a Sand Compatibility and Opportunistic Use Program (SCOUP) permit. This allows the placement of up to 300,000 cubic yards of sand on our beaches per year for the next 10 years. Funding to place about 1/10th of the amount or 30,000 cubic yards of sand on the
beach each year, using the North Beach project
as a fairly accurate cost estimate, (placement of
37,000 cubic yards of sand from the Santa Ana
River) results in an annual cost of about $2
million. However, this would reduce the total
amount of sand on the beaches by about 2.7
million cubic yards that would be allowed by
maximizing the limits of the SCOUP program.

Smaller Sand Placements - $2 million per year

4. Other General Maintenance Needs – There are ongoing coastal maintenance needs including maintenance of the pier, trail, pier bowl improvements (Parque del Mar, rail platform, parking areas, PAWS, etc.). The pier in particular is suffering from deferred maintenance and there is an estimate of $5 million needed in the next 5 years to replace planking, railings and other components in a very corrosive environment. Conservatively, the maintenance of these items that are relatively new expenses in the General Fund are at least $1 million per year.

Other General Maintenance Needs - $1 million per year
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Total = $9.5 million per year
Other projects that will need attention soon include:
 T Street Bridge Replacement ($10 million est.)
 Underpass and Beach Access Improvements ($2 million est.)  Neighborhood Stairway Access Improvements ($5 million est.) Even if the Ballot Measure passes, there will need to be at about $2 million annually in additional funding identified, or the anticipated projects reduced in scale. These funds will need to be identified through a combination of reductions in current General Fund expenditures and programs, expansion of economic development, and grant funding.

Wildfire Prevention and Preparation Projects – Staff is actively engaged in the planning and program development necessary for wildfire preparation and emergency management. The City has a very active weed abatement program and new strategies such as goat grazing have been introduced. However, wildfire remains the most imminent danger to the community.

Geographically, the City of San Clemente is located in a high hazard fire area. The open spaces we love and that make the community so beautiful also present a very real high fire danger. Due to recent fire activity in nearby communities and the changes in the identification of high hazard fire zones by CalFire, staff has been preparing a Fire Preparation and Emergency Management Plan that includes some conceptual projects.

1. Continuation of Drainage
Facility/Trail/Fire Break on the North
Side of Avenida Pico from Camino
Vera Cruz to Calle Frontera – Staff
has prioritized projects that not only
provide meaningful fire protection, but
can also be community amenities. The
extension of the drainage facility that
was installed on the north side of Pico
from Avenida La Pata to Camino Vera
Cruz could be enhanced to provide a
walking/biking trail separated from the
road creating both a safe route to the
high school, but a fire break in a very fire prone location in the community. This project would take coordination with the Marblehead Homeowner’s Association and the area is very overgrown with vegetation. Although accurate estimates have not been developed, the removal of hundreds of mature trees and underbrush, grading and trail development would likely cost several million dollars.

2. Fire Fuel Modification – Funding from the Ballot Measure could be used to conduct expanded fire fuel modification and vegetation management. A combination of mechanical removal and goat grazing would result in more extensive clearance areas, reduction in toxic weeds, and canyon clearing. These actions can be shaped by the lessons learned in the recent fires in 1346
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Los Angeles County. Because the City has a significant amount of open space, this effort could be almost endless. An effective rotation of fuel management would need to be developed.

3. Construction of a Forward Location Fire Facility and Helipad – Discussions with the Orange County Fire
Authority have resulted in a temporary helipad located
at the intersection of Avenida La Pata and Avenida
Vista Hermosa. However, the preferred permanent
location is at Steed Park if funding can be identified.

The facility would be staffed during high hazard events such as Santa Ana winds or thunderstorms. The
facility would consist of a scaled down fire station
similar to one recently constructed in Rancho Mission Viejo pictured above, and a permanent (concrete) helipad. The placement of water tanks (helipods) in strategic locations would also be an important feature of a forward location. It is estimated that the facility could save as much as 20 minutes in a wildfire situation. The
facility would likely cost several million dollars, but would be priceless in a wildfire event.

4. Assistance for Homeowners located in High Risk
(Zone Zero) Areas – Recent hazard maps created
by CalFire have resulted in requirements for
homeowners to modify landscaping, housing eaves, and other improvements to enhance fire protection. The modifications will be costly and some homeowners may need assistance.

Funding from the Ballot Measure could be used to create a low interest loan or grant program to provide assistance to homeowners. Programs to help neighborhoods reach Firewise status can also result in retention of fire insurance and potentially lower insurance costs.

Learning from the experiences of recent fire tragedies has demonstrated the need to be more proactive in reducing fire fuel (vegetation, flammable building materials, etc.), helping residents and homeowner’s associations mitigate fire hazards, properly maintaining public property, and is driving the City’s current efforts in emergency preparedness. The City is actively pursuing grants and other funding, but most of that funding will not be eligible for private properties. The City only owns a small percentage of the open space in the community and the costs for effective fire preparations are significant. Homeowner’s associations and private property owners will need assistance.

Fire has traditionally been considered an inland issue or a problem for people living on the outskirts of the City. The recent fires in Hawaii and Los Angeles County have demonstrated that fires can impact structures all the way to the shoreline. The entire community needs to be prepared.
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Other Financial Considerations
While existing sources provide a relatively stable revenue stream for baseline municipal services, they are not adequate for funding significant projects to address coastal erosion and wildfire preparedness. Staff is often questioned why San Clemente doesn’t have the financial resources of other beach communities. Some of the financial questions often raised include:

1. Are there other sources of revenue that can be considered? There are limited revenue sources for a municipality. A majority of the City’s revenue comes from taxes, but in reality the City only receives a small portion of taxes paid by residents. The current sales tax rate in San Clemente is 7.75%. Of that amount, the City only
receives 1%. The other 6.75% goes to other entities.

The City receives 15.4% of the property tax paid by
San Clemente property owners. Yet, all police, fire,
lifeguards, water, sewer, recreation, streets,
crossing guards, and other daily needs of residents
are provided by the City. One strategy to increase
revenue is to emphasize economic development. If
some of the hotels approved by the City Council are
built and operating, the General Fund Revenue
could be between $1-2 million per year. However, in
the best-case scenario, there is some permitting
time remaining and several years of project
construction.

2. Why would the City need more revenue?
Improvement and proper maintenance of coastal
resources, especially placing sand on the beach, and widespread wildfire preparation are new expenses in San Clemente that have not been included in the annual budget in the past. In order to engage in new and very expensive activities, additional funding sources need to be identified or existing services and programs need to be reduced or eliminated.

3. Who Pays the Tax? The tax is assessed when a taxable item is purchased. Therefore, both residents and visitors pay the tax. It is important to note that sales tax is not assessed on groceries or medicine.

4. How much is the Tax? The Ballot Measure includes a one percent (1%) increase in the sales tax. Therefore, for every $100 in purchases, the purchaser would pay an additional $1.00.

5. What do other cities pay in Tax? The base sales tax rate in Orange County is 7.75%. At the current time, 11 cities have an increased sales tax and assess an additional sales tax of between 1 percent and 1.5 percent for a total (base + additional sales tax) of between 8.75% and 9.25%. The cities that assess an additional sales tax include (total sales tax shown):
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Buena Park = 8.75% Garden Grove = 8.75%
Fountain Valley = 8.75% La Palma = 8.75%
La Habra = 8.75% Placentia= 8.75%
Los Alamitos = 9.25% Seal Beach = 9.25%
Santa Ana = 9.25% Westminster = 9.25%
Stanton = 8.75%

6. Why do other cities seem to have more tax revenue? The revenue structure for each city is different. A majority of revenue for General Fund expenditures is generated through taxes.

Cities with a significant number of hotel rooms generate far more revenue from Transient Occupancy Tax (TOT) than a city like San Clemente which has relatively few hotel rooms, especially for a coastal community. Other cities have large shopping malls, car dealerships, and other sales tax generating properties. San Clemente has only limited commercial space with no major shopping malls or large car dealerships, with the exception of the San Clemente Outlets. In general, the taxing structure in San Clemente resembles an inland community more than a traditional coastal community with many hotel rooms and visitor serving commercial space.

The purpose of this information is to educate, not scare or promote the Initiative. Nonetheless, these items need to be discussed and dismissing them doesn’t make them go away. Previous reports, such as those written for Measure BB, which was favored by more than 64% of San Clemente voters (required 66.7% to pass), contained detailed information about the revenue structure in San Clemente and why the City has less revenue per-capita than most coastal communities. It is not necessary to repeat the information, but it is available upon request.

Council Options:
 Adopt Resolution Nos. 26-65 and 26-66.
 Revise the ballot question and adopt Resolution Nos. 26-65 and 26-66.  Adopt Resolution No. 26-65 and order a formal report under Elections Code Section 9215(c) on topics identified from Section 9212 to be returned on May 19, 2026.  Adopt all Resolutions and determine logistics surrounding preparation of an argument against the measure and a rebuttal.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act (CEQA).

Fiscal Impact:

The estimated cost to add one ballot measure to the November 3, 2026 election, based on 2000 words/2 pages and 4000 words/4 pages is between $8,500-$17,000. 1349
Meeting Date: April 21, 2026 Agenda Item: 10C.

CITY OF SAN CLEMENTE 15
Recommended Action(s):
..recommendation

1. Adopt Resolution No. 26-65 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE CERTIFICATION OF THE CITY

CLERK/ELECTIONS OFFICIAL AND THE ORANGE COUNTY REGISTRAR OF VOTERS AS TO THE SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED “AN INITIATIVE OF THE

PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION AND FIRES”;

2. Adopt Resolution No. 26-66 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE ENTITLED “AN INITIATIVE OF THE

PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION AND FIRES” AT THE GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, AND DIRECTING THE PREPARATION OF AN IMPARTIAL ANALYSIS; and

3. Determine that the City Council will not submit an argument against the measure. ..end
Attachment:

1. Resolution No. 26-65 accepting the Registrar of Voters certification of the verification of signatures and the Elections Official’s certification of the sufficiency of the initiative petition

2. Resolution No. 26-66 calling the election on the initiative and consolidating it with the November 3, 2026 General Municipal Election and directing the preparation of an impartial analysis
Exhibit A – Initiative

3. Optional: Resolution No. 26-67 authorizing City Councilmember(s) to submit an argument against the measure and providing for rebuttal arguments

4. Notice of Intent to Circulate Petition and Summary

5. Ballot Title and Summary (Prepared by the City Attorney)

6. Affidavit of Publication of Notice of Intention to Circulate Petition

7. County of Orange Registrar of Voters Petition Certification

8. Elections Official Certification

9. Elections Code 9212
Notification:

Cameron Cosgrove, Citizens Initiative Proponent
Notice of the election will be provided in accordance with Elections Code requirements. The Resolutions will be forwarded to the Registrar’s Office and the Orange County Board of Supervisors. 1350
09845.00500\43942845.1
RESOLUTION NO. 26-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING THE

CERTIFICATION OF THE CITY CLERK/ELECTIONS

OFFICIAL AND THE ORANGE COUNTY REGISTRAR OF

VOTERS AS TO THE SUFFICIENCY OF THE INITIATIVE
PETITION ENTITLED “AN INITIATIVE OF THE PEOPLE OF

THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX
INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST
THE NATURAL HAZARDS OF BEACH EROSION AND FIRES”
WHEREAS, on August 26, 2025, the proponent of an initiative measure self-titled as “The San Clemente Natural Hazards Protection and Resilience Act of 2026” (“Initiative”) submitted a Notice of Intention and written text of the measure and requested that a title and summary be prepared by the City Attorney for the measure in order to circulate the petition; and
WHEREAS, on August 26, 2025, the City Attorney prepared and provided an official ballot title of “AN INITIATIVE OF THE PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION AND FIRES” and summary for the proposed Initiative for use by the proponents for publication and circulation of the petition; and
WHEREAS, on March 24, 2025, the San Clemente City Clerk contacted the Orange County Registrar-Recorder’s Office to determine the number of registered voters in the City of San Clemente, as of its last report to the Secretary of State pursuant to Elections Code Section 2187, effective February 10, 2025, and the Clerk determined that the number of registered voters in the City was 46,166; and
WHEREAS, the initiative petition would require at least 4,616 (10%) valid signatures to be sufficient to qualify for placement on the ballot; and WHEREAS, the petitions regarding the initiative were filed with the City Clerk on February 9, 2026 and were then submitted to the Orange County Registrar-Recorder on February 9, 2026 for signature verification; and
WHEREAS, the results of the signature verification conducted by the Orange County Registrar-Recorder established that 6,436 of the 7,162 signatures on the petition were examined of which 4,817 were found to be sufficient; and WHEREAS, the number of signatures qualified, 4,817, is in excess of the minimum number of signatures required for a regular or special election pursuant to Election Code Section 9215 and 1405; and
WHEREAS, the Orange County Registrar-Recorder has prepared a Certificate of as to Verification of Signatures on Petition dated March 23, 2026 (“Certificate”); and Attachment 1
1351
Resolution No. 26-65 Page 2
WHEREAS, in compliance with Elections Code Sections 9211 and 9114, the elections official certified the results of the examination and the sufficiency of the initiative petition and submitted the initiative petition and the Certificate to the City Council at the next regular City Council meeting following the receipt of the Certificate.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Clemente hereby accepts the certification of the sufficiency of the Initiative.

PASSED, APPROVED and ADOPTED this ___ day of __________, __________.

ATTEST:
___________________________ __________________________
City Clerk, Elections Official of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk/Elections Official of the City of San Clemente, California, do hereby certify that Resolution No. 26-65 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ____________________________________
CITY CLERK, Elections Official of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1352
Attachment 2
RESOLUTION NO. 26-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE
ENTITLED “AN INITIATIVE OF THE PEOPLE OF THE CITY OF SAN

CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT
(1%) TO PROTECT AGAINST THE NATURAL HAZARDS OF BEACH
EROSION AND FIRES” AT THE GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026, AND DIRECTING THE PREPARATION

OF AN IMPARTIAL ANALYSIS
WHEREAS, on April 21, 2026, the City Council adopted Resolution No. 26-58, calling a General Municipal Election and consolidating it with the statewide election to be held on Tuesday, November 3, 2026; and
WHEREAS, the Orange County Registrar of Voters has certified that a citizens initiative petition has been verified as signed by the requisite number of voters and the elections official has certified the results of the examination and the sufficiency of such petition; and
WHEREAS, the City Council desires to submit to the voters at the November 3, 2026 General Municipal Election a question relating to such qualified initiative petition.

WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that the precincts, voting methods (i.e., ballot drop boxes, vote centers and vote-by-mail balloting) and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the General Municipal Election and that the General Municipal Election be held in all respects as if there were only one election; and WHEREAS, Elections Code section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate San Clemente’s election with the statewide election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election.

NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of adding a ballot measure 1353
Resolution No. 26-66 Page 2
as defined in Section 2 of this resolution.

SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on Tuesday, November 3, 2026 the following question:

SAN CLEMENTE NATURAL HAZARDS SALES TAX CITIZENS INITIATIVE Shall the measure establishing two funds dedicated to protecting San Clemente from natural hazards of beach erosion and fires and a 1% sales tax increase, providing approximately $15,000,000 annually for 10 years, requiring public spending disclosure, independent audits, all funds used locally for specified purposes only, including sand replenishment/ nourishment/ retention, beach erosion control, maintaining/ restoring beach access/ water quality and supporting fire protection/ prevention programs/ services, be adopted? YES

NO
SECTION 3. That the proposed measure submitted to the voters is attached as Exhibit A.

SECTION 4. That the vote requirement for the measure to pass is a majority (50% +1) of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 6. The polls for the election shall be open as provided in applicable law.

SECTION 7. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418.

SECTION 8. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 9. That the City of San Clemente recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 10. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar-Recorder/County Clerk to procure and furnish 1354
Resolution No. 26-66 Page 3
any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 13. That pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney.

The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within the date set by the City Clerk for the filing of primary arguments.

SECTION 14. That the City Clerk is hereby directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Orange County Registrar of Voters and to issue instructions to the Registrar of Voters to execute such documents and take any and all steps necessary to hold the election and propose this measure.

SECTION 15. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of San Clemente at a regular meeting held the 21st day of April 2026.

ATTEST:
___________________________ __________________________
City Clerk, Elections Official of the Rick Loeffler, Mayor of the City of City of San Clemente, California San Clemente, California 1355
Resolution No. 26-66 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 26-66 adopted by the City Council of the City of San Clemente, California, at a regular meeting thereof held on the 21st day of April, 2026.

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. _________________________________
Laura Campagnolo

CITY CLERK AND ELECTIONS OFFICAL
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
1356
Resolution No. 26-66 Page 5

EXHIBIT A
Text of Measure on Following Pages
1357
To the Honorable Mayor, City Council, City Clerk, and People of the City of San Clemente:

We, the undersigned, registered qualified voters and residents of the City of San Clemente, the County of Orange, hereby propose an initiative ordinance to the City and People of San Clemente, and request that the City Council submit the same immediately to the voters of the City of San Clemente for their adoption at an election as provided by law. The full text of the initiative measure is as follows:

The People of the City of San Clemente do ordain as follows:

SECTION 1. Title
This initiative measure (Initiative) shall be known and may be cited as The San Clemente Natural Hazards Protection and Resilience Act of 2026
SECTION 2. Findings
The people of the City of San Clemente find and declare the following:

WHEREAS, San Clemente’s unique geography, beach setting, and open space landscapes make it an exceptional place to live, but also expose the City to risks from natural hazards; the core purpose of this Initiative is to fund local efforts that enhance the City’s resilience by protecting beaches and wildfire-prone open space, and reduce risk to public safety and public infrastructure; and
WHEREAS, the people of San Clemente seek to take action to protect the City’s beaches, neighborhoods, public infrastructure and future from natural hazards—specifically wildfires and beach erosion—by funding targeted measures that enhance resilience and mitigate the immediate and long-term impacts of these threats; and
WHEREAS, San Clemente faces the accelerating natural hazard of beach erosion. Decades of disappearing beaches result from both natural forces and the disruption of sand flow caused by upstream flood control structures. This ongoing hazard is intensified by powerful storms and the lack of sand replenishment, resulting in reduced safe beach access and walkable beaches. Urgent action is required, as beach restoration and nourishment are long-term efforts that require sustained local investment; and
WHEREAS, protecting San Clemente’s beaches delivers lasting public benefits by preserving the City’s character and reputation as a world-class surfing community, supporting local small businesses tied to the beach economy, and maintaining open, accessible beaches for residents and visitors alike; and
WHEREAS, our beaches are a cornerstone of San Clemente’s identity—attracting tourism, enhancing property values, and providing families with a treasured connection to the beach and outdoor living. As rising beach erosion threatens this vital resource, preserving the beach is not Exhibit A
1358
only a local public safety and economic priority; it is also a matter of international significance and civic pride—especially with Lower Trestles selected as the surfing venue for the 2028 Olympic Games; and
WHEREAS, wide, sandy beaches serve as a natural buffer—protecting the Beach Trail, public infrastructure, and public beach access points from storm damage; and WHEREAS, without prompt action, San Clemente risks not only losing the protection provided by wide sandy beaches, but also diminishing its long-term resilience and quality of life for current and future generations; and
WHEREAS, the City of San Clemente, as steward of its beaches, open spaces, and natural systems, and as guardian of public safety, has an obligation to act in the public interest by reducing beach hazards and by protecting, preserving, and enhancing the public’s access to, use of, and enjoyment of its beaches and tidelands for the benefit of current and future generations; and
WHEREAS, City-managed beach hazard protection programs—including sand replenishment, sand retention, and beach and ocean water quality initiatives—are essential to fulfilling this duty by protecting public health and ensuring safe, accessible recreational spaces for swimming, surfing, walking, and community events, all of which are core to San Clemente’s beach town identity and local small business coastal economy; and
WHEREAS, Cal Fire’s 2025 Fire Hazard Severity Zone map designates much of San Clemente east of I-5 as a Very High Fire Risk Zone, requiring urgent action in wildfire risk reduction, flammable brush clearance, and neighborhood-level wildfire prevention; and WHEREAS, devastating wildfires across California have destroyed lives, homes, and entire communities—underscoring the urgent public benefit of proactive wildfire prevention, enhanced emergency preparedness, and local fire risk mitigation efforts; and WHEREAS, San Clemente faces the accelerating natural hazard of wildfire. Thousands of acres of open space across the city are increasingly overgrown with dense, flammable, and invasive vegetation, creating extreme fire danger near homes, neighborhoods, schools, and critical public infrastructure. This ongoing hazard is intensified by high wind events, extended drought conditions, and the lack of sustained wildfire prevention and vegetation management efforts; and WHEREAS, strengthening wildfire hazard preparedness requires proactive stewardship of open spaces, including vegetation management and ecological restoration, to reduce fire risk, improve neighborhood resilience, and protect lives, property, and our community’s future; and WHEREAS, the City of San Clemente, as steward of its natural lands and open space, and as guardian of public safety, has an obligation to act in the public interest by reducing wildfire hazards. This includes coordinating and implementing wildfire prevention strategies across both public and private open space. Effective stewardship of these lands—including clearing overgrown vegetation, restoring native plants, and maintaining defensible space—is essential to 1359
protect neighborhoods, public infrastructure, and the lives of current and future residents from the accelerating threat of wildfire; and
WHEREAS, grant funding for natural hazards protection is uncertain, slow, and highly competitive; protecting San Clemente requires a reliable, locally controlled source of funding that allows the City to act decisively and meet required cost-share commitments; and WHEREAS, investing in the long-term resilience of San Clemente’s beaches and wildfire-prone areas protects lives, property, supports public health, and ensures the community can withstand and recover from future environmental challenges; and
WHEREAS, a legally restricted fund—with clear spending rules, oversight, and public reporting—ensures transparency, protects taxpayer dollars, and delivers direct public benefits to the community by providing financial resources to address imminent harms from natural hazards; and
WHEREAS, both residents and visitors enjoy San Clemente’s beaches and benefit from local fire protection—this measure ensures that residents and visitors contribute fairly to preserving what makes our city special; and
WHEREAS, this measure includes a 10-year sunset clause and requires voter reapproval after eight years to extend beyond the initial 10 years, ensuring accountability and maintaining local control for future generations; and
NOW, THEREFORE, the citizens of San Clemente, by this initiative ordinance, enact the following measure to help keep our community safe, strengthen our resilience to natural hazards, and protect what makes San Clemente special—by restoring our beaches, reducing wildfire risk, and safeguarding public health and safety, so that future generations can continue to enjoy the natural beauty, beach access, and quality of life that define our community.

SECTION 3. Purpose and Intent
To protect San Clemente’s beach resources and neighborhoods from natural hazards, this Initiative enacts a legally restricted, locally controlled special one percent (1%) transactions and use tax within the City of San Clemente, to be administered by the California Department of Tax and Fee Administration. This Initiative ensures dedicated local funding to protect San Clemente’s beaches and wildfire-prone neighborhoods from natural hazards—specifically, beach erosion and wildfire risks—strengthening the city’s resilience for current and future generations.

Revenue from the special transactions and use tax shall be allocated equally between the following two legally restricted purposes:

1. Beach Protection – including sand replenishment, sand retention, and beach erosion control; maintenance and repairs of the Beach Trail, beach access points, and the Pier; and beach water quality protection measures related to ocean stormwater management. 1360

2. Fire Protection and Wildfire Preparedness – Including proactive wildfire risk reduction efforts, hazardous vegetation management, and investments in fire emergency response capabilities to enhance public safety and community resilience.

In addition to the purposes described in this Ordinance, up to five hundred thousand dollars ($500,000) of revenue generated by this special tax may be used to reimburse the City for the actual costs incurred in conducting the elections required to enact or extend this measure. This includes the initial election and the renewal election referenced in Section 3.22.190 of this Ordinance. Reimbursement shall not exceed the amount invoiced by the Orange County Registrar of Voters for the portion of election costs attributable to this initiative and shall not exceed five hundred thousand dollars ($500,000) in the aggregate, shared equally between the Beach Protection Fund and the Fire Protection and Wildfire Preparedness Fund, and across both elections.

SECTION 4. Addition of Chapter 3.22
The San Clemente Municipal Code is hereby amended to add Chapter 3.22 as set forth below, thereby enacting a one percent (1%) special local transactions and use tax within the City of San Clemente, to be administered by the California Department of Tax and Fee Administration CHAPTER 3.22: SAN CLEMENTE NATURAL HAZARDS PROECTION AND RESILIENCE

SPECIAL TRANSACTIONS AND USE TAX

3.22.010 Title.

The Ordinance codified in this chapter shall be known as the "SAN CLEMENTE NATURAL

HAZARDS PROTECTION AND RESILIENCE SPECIAL TRANSACTIONS AND USE TAX." The City of San Clemente hereinafter shall be called "City." This Ordinance shall be applicable in the incorporated territory of the City.

3.22.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of adoption being set forth below.

3.22.030. Purpose.

This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted to accomplish those purposes:

A. To impose a specific purpose retail transactions and use tax, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.91 of Part 1.7 of Division 2, which authorizes the City to adopt this tax Ordinance, which shall be operative if approved by a simple majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose, consistent with the people’s constitutional right of initiative. 1361
B. To adopt a specific purpose retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a specific purpose retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State sales and use taxes.

D. To adopt a specific purpose retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance.

3.22.040 Contract with State.

Prior to the Operative Date, City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax Ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the Operative Date, it shall nevertheless so contract, and in such a case the Operative Date shall be the first day of the first calendar quarter following the effective date of such a contract.

3.22.050 Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the Operative Date of this Ordinance.

3.22.060 Place of Sale.

For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of a transactions tax proposed by this Ordinance shall be determined under rules and regulations prescribed and adopted or to be prescribed and adopted by the California Department of Tax and Fee Administration or under the Revenue and Taxation Code.
1362

3.22.070 Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this Ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.22.080 Adoption of Provisions of State Law.

Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein.

For reference of the voters only, the full text of Part 1 of Division 2 of the Revenue and Taxation Code, as codified on July 25, 2025, is set forth as an Appendix to the circulating petition but is not intended to be set forth in full in the Municipal Code.

3.22.090 Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action be taken by or against this City or any agency, officer, or employee thereof, rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property that would not otherwise be exempt from this tax while such sales, storage, use or other consumption remains subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
1363
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715 (except in relation to the Code of Civil Procedure and the Civil Code), 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "state" in the phrase "retailer engaged in business in this state" in Section 6203 and in the definition of that phrase in Section 6203 of the Revenue and Taxation Code.

1. "A retailer engaged in business in the City" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds $500,000. For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.22.100 Permit/Registration Not Required.

A. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance.

3.22.110 Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
1364

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Chapter 2 of Division

3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business outof-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this Ordinance.

5. For the purposes of subsections (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property;

1. The gross receipts from the sale of which have been subject to a transactions tax under any State-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
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3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered prior to the Operative Date of this Ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this Ordinance.

5. For the purposes of subsections (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subsection (7) of this section, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City
D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a City imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumptions of which is subject to the use tax.

3.22.120 Amendments of Revenue and Taxation Code.

All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance as codified in this chapter; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance. 1366

3.22.130 Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.22.140 Amendments of Ordinance.

The following amendments to this Ordinance as codified in this chapter must be approved by the voters of the City: increasing the tax rate; revising the methodology for calculating the tax, such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of law); or terminating the tax. Amendments due to legislative changes to Part 1 of Division 2 of the Revenue and Tax Code shall not require voter approval.

3.22.150 Use of Proceeds; Expenditure Plan
To provide a public benefit and to improve San Clemente’s resilience to natural hazards by protecting its beach resources and residential neighborhoods from natural hazards, all revenues collected pursuant to this ordinance from the one percent (1.0%) transactions and use tax shall be deposited into two legally restricted special funds, maintained by the City of San Clemente as follows:

A. Beach Protection Fund – Fifty percent (50%) of all tax proceeds shall be deposited into a legally restricted fund dedicated exclusively to the planning, implementation, and maintenance of beach protection and restoration efforts. Expenditures shall be limited to the enumerated purposes in this section and other directly related activities that clearly advance the goals of natural hazard beach protection and restoration as set forth in this Ordinance and The San Clemente Natural Hazard Protection and Resilience Act of 2026. The enumerated purposes are:

1. Sand replenishment, nourishment, and retention projects.

2. Beach erosion control measures.

3. Maintenance, repair, and improvement of the Beach Trail, public beach access points, pedestrian bridges, the Pier, and beachfront restrooms—to ensure safe coastal access, protect critical beach infrastructure, and address damage from erosion and storm events.

4. Beach water quality protection measures related to stormwater management and filtration systems, to keep beaches clean and ocean waters safe for swimming and surfing.

Of the funds deposited into the Beach Protection Fund, at least seventy percent (70%) of total expenditures must be used for the purposes identified in items 1. and 2. above. In addition, up to two hundred fifty thousand dollars ($250,000) from the Beach Protection Fund may be expended to reimburse the City for its proportional share of the actual costs incurred in 1367
conducting the elections required to enact or extend this tax, including the initial election and the renewal election referenced in Section 3.22.190. Such reimbursement shall not exceed the portion of election costs attributable to this initiative as invoiced by the Orange County Registrar of Voters and shall be limited to a combined total of five hundred thousand dollars ($500,000) in the aggregate across both funds and both elections.

B. Fire Protection and Wildfire Preparedness Fund – Fifty percent (50%) of all tax proceeds shall be deposited into a legally restricted fund dedicated exclusively to fire prevention, emergency response support, and wildfire risk reduction. Expenditures shall be limited to the enumerated purposes in this section and other directly related activities that clearly advance the goals of wildfire protection as set forth in this Ordinance and The San Clemente Natural Hazard Protection and Resilience Act of 2026. The enumerated purposes are:

1. Support for fire protection and emergency medical response services provided by the Orange County Fire Authority (OCFA), and/or other fire protection services provided or contracted by the City of San Clemente, including resources to enhance wildfire readiness, emergency response capabilities, and the firefighters, paramedics, and equipment needed to protect lives, property, and public safety in San Clemente.

2. City-administered, long-term wildfire prevention programs that include planning, risk assessments, and partnerships to reduce wildfire hazards across San Clemente. The City shall direct and carry out these programs citywide—on both public and private lands—to remove flammable vegetation and reduce other fire hazards. Strategies may include mechanical removal, targeted goat and sheep grazing, and other cost-effective vegetation management techniques that can be applied across large or connected areas. Treated areas may also be restored with native, fire-resistant plants to help prevent the regrowth of invasive species, stabilize soils, and reduce the risk of future wildfires.

3. Citywide community outreach, education, and engagement programs focused on wildfire prevention and vegetation management across both public and private property. This includes homeowner and neighborhood wildfire hazard risk reduction strategies, coordination with homeowners’ associations (HOAs), neighborhood groups, and community organizations.

In addition, up to two hundred fifty thousand dollars ($250,000) from the Fire Protection and Wildfire Preparedness Fund may be expended to reimburse the City for its proportional share of the actual costs incurred in conducting the elections required to enact or extend this tax, including the initial election and the renewal election referenced in Section 3.22.190. Such reimbursement shall not exceed the portion of election costs attributable to this initiative as invoiced by the Orange County Registrar of Voters and shall be limited to a combined total of five hundred thousand dollars ($500,000) in the aggregate across both funds and both elections. 1368
C. Legal Restriction on Use of Funds.

All revenues deposited into the funds described above shall be legally restricted and shall not be used for any other purpose, including but not limited to transfers to the City’s General Fund or use for unrelated municipal services or expenditures. Reimbursement of the City’s expenses for conducting the elections on this Measure is not an unrelated municipal service or expenditure.

All of the above uses are deemed to be a public benefit.

These dedicated funds shall be subject to oversight, annual public reporting, and financial audits, as provided elsewhere in this Ordinance, to ensure transparency, accountability, and alignment with the voter-approved purposes.

3.22.160 Independent Annual Audit.

The proceeds resulting from these transactions and use tax shall be subject to the same independent annual audit requirements as other City revenues. The independent auditor's report, which shall include an accounting of the revenues received and expenditures made from the transactions and use tax, will be presented to the City Council and made available for public review.

3.22.170 Implementation
A. Oversight and Management
The City of San Clemente shall be solely responsible for the implementation, administration, and oversight of all programs, projects, and expenditures funded pursuant to this ordinance. All uses of revenue collected under this measure shall comply strictly with the purposes and restrictions set forth herein.

B. City Council Approval Required
All programs, projects, expenditures, contracts, and grant applications funded in whole or in part from the Beach Protection Fund or the Fire Protection and Wildfire Preparedness Fund shall require approval by the San Clemente City Council at a duly noticed public meeting.

C. Operational Planning Requirement
Within twelve (12) months of the effective date of this ordinance, using moneys deposited into the funds established in section 3.22.150 A and B, the City shall prepare and adopt operational plans for protecting and enhancing the City’s natural hazards resilience, including:

1. A Beach Protection Operational Plan that identifies project priorities, timelines, geographic targets, cost estimates, environmental permitting requirements, and long-term goals for beach restoration and erosion control.

2. A Wildfire Protection and Preparedness Operational Plan that establishes a wildfire prevention and risk reduction program, incorporating defensible space best practices, fire fuel load reduction targets and strategies, interagency emergency coordination protocols, and public education objectives.
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Each plan shall be reviewed and adopted by resolution of the City Council at least once every four (4) years, or more frequently as needed to reflect emerging risks, funding availability, or new regulatory requirements. Moneys deposited into the funds established in section 3.22.150 A and B may be utilized for the purpose of updating the plans.

D. Interdepartmental and Interagency Coordination
The City may coordinate with local, regional, state, and federal agencies, as well as with Homeowners' Associations and community-based organizations, to implement the goals of this ordinance and maximize the impact of the funds through partnerships and grant leveraging.

E. Administrative and Reporting Duties
City staff shall ensure timely development of required reports, budgets, audits, and public information related to this ordinance, including the preparation of the Annual Accountability Report and submission to the designated Oversight Committee as defined in 3.22.180 Reporting Section.

3.22.180 Reporting and Oversight.

A. Annual Accountability Report
The City of San Clemente shall prepare and publish an Annual Accountability Report detailing the use of revenues generated pursuant to this ordinance from both the Beach Protection Fund and the Fire Protection and Wildfire Preparedness Fund, to provide full transparency and maintain public trust. This report shall be presented to the City Council in a public meeting and made available to the public via the City’s website no later than three (3) months after the close of each fiscal year in which the tax is collected.

B. Report Contents
The Annual Accountability Report shall include, but not be limited to, the following:

1. A full accounting of tax revenues received and deposited into both dedicated funds.

2. A categorized breakdown of expenditures by project, program, or operational activity.

3. A summary of progress and outcomes aligned with the most recent Beach Protection Operational Plan and Wildfire Protection and Preparedness Operational Plan.

4. Performance data including relevant metrics, milestones, or deliverables.

5. Identification of unspent funds with proposed future uses.

6. Recommendations for improving efficiency, effectiveness, or alignment with voter intent.

C. Oversight Committee(s) Established.

1. Financial Oversight:

The City’s Investment Advisory Committee is hereby designated as the Financial Oversight Committee for purposes of this chapter. The Committee shall review all expenditures of funds generated by the transactions and use tax established by this ordinance and ensure that all 1370
disbursements are consistent with the legally authorized purposes of beach protection and restoration, and wildfire protection, as defined herein.

An Annual Accountability Report shall be prepared and submitted to the Financial Oversight Committee. The Committee shall review the report, verify that funds have been expended in accordance with this ordinance, and issue a written Statement of Compliance or Concern. This statement shall be included in the public record and published alongside the Annual Accountability Report.

2. Operational Oversight:

In addition to financial oversight, the City may establish a separate Operational Oversight Committee to provide periodic review of project implementation, performance outcomes, and alignment with the City’s wildfire and beach protection operational plans. The structure, responsibilities, and reporting frequency of the Operational Oversight Committee shall be determined by resolution of the City Council.

D. Transparency and Public Access
All reports, supporting documentation, and Oversight Committee findings shall be posted on the City of San Clemente’s official website and maintained in a publicly accessible archive for the duration of the tax’s effective period.

3.22.190 Term
If this measure is approved by voters, the sales tax increase shall take effect on the operative date, which is the day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance.

The measure shall remain in effect for a period of 10 years.

An election shall be held on the question whether the tax imposed by the Ordinance shall be renewed (“Renewal Election”) in the calendar year beginning eight years after the Operational Date at a general municipal election. If a simple majority vote affirms the measure in the Renewal Election, it shall be extended for one additional 10-year term.

If the measure fails to receive a simple majority at the Renewal Election, the sales tax increase shall expire at the end of the 10-year period beginning with the Operational Date, ensuring an orderly conclusion to funded programs and projects.

3.22.200 Severability.

If any provision of this Ordinance as codified in this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Such invalidity 1371
shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The People of the City of San Clemente hereby declare that they would have adopted this Ordinance as codified in this chapter irrespective of the invalidity of any particular portion thereof and intend that the invalid portions should be severed, and the balance of the Ordinance be enforced.

Section 5. Competing Measures.

This Initiative adopts a transactions and use tax for the purpose of funding specific programs, establishing a tax amount in consideration of an appropriate amount of new taxation to be imposed in the City of San Clemente. By voting for this Initiative, the voters expressly declare their intent that any other City of San Clemente measure that appears on the same ballot as this Initiative and imposes new or increased taxes in San Clemente, or otherwise conflicts with any provision of this Initiative, shall be deemed to conflict with the scheme adopted by this Initiative. Because of this conflict, if this Initiative and any such other City of San Clemente measure receive a majority of votes by the voters voting thereon at the same election, then the measure receiving the most votes in favor shall prevail and no provision of the other measure shall take effect.

Section 6. Interpretation and Application
This Initiative shall be broadly construed in order to achieve its purpose. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the City in a manner that facilitates the purposes set forth in this Initiative.

This Initiative shall be interpreted so as to be consistent with all applicable Federal and State laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, it is the will of the voters that such decision shall not affect the validity of the remaining portions of this Initiative. The voters hereby declare that this Initiative, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared invalid or unconstitutional. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Initiative that can be given effect without the invalid application.

If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we, the People of the City of San Clemente, indicate our strong desire that: (1) the City Council use its best efforts to sustain and re-enact that portion; and (2) the City Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with this Initiative, if possible. 1372
Any singular term shall include the plural, and any plural term shall include the singular. The title and captions of the various sections in this Initiative are for convenience and organization only and are not intended to be referred to in construing the provisions of this Initiative.

Section 7. Adoption
Pursuant to Elections Code Section 9217, this Initiative shall be considered as adopted upon the date that the vote by the electorate of the City of San Clemente is declared by the City Council and shall become effective ten (10) days after that date.

Section 8. Implementation
This Initiative authorizes City of San Clemente officers and employees to take all steps necessary to implement this Initiative in the manner required by law, including any applicable amendments to the laws as necessary.

Appendix
This Appendix is provided for the reference of the voters only. The provisions are not to be codified in the San Clemente Municipal Code, but rather the Code will incorporate by reference the state law, as set forth in Revenue and Tax Code sections 7261 and 7262. 1373
Attachment 3
RESOLUTION NO. 26-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AUTHORIZING CITY COUNCILMEMBERS
TO SUBMIT AN ARGUMENT ON A MEASURE ENTITLED “AN

INITIATIVE OF THE PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO

PROTECT AGAINST THE NATURAL HAZARDS OF BEACH EROSION
AND FIRES” AT THE GENERAL MUNICIPAL ELECTION TO BE

CONSOLIDATED WITH THE STATEWIDE ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2026, AND PROVIDING FOR REBUTTAL

ARGUMENTS
WHEREAS, a General Municipal Election is to be held in the City of San Clemente, California on November 3, 2026; and
WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:

SAN CLEMENTE NATURAL HAZARDS SALES TAX CITIZENS INITIATIVE Shall the measure establishing two funds dedicated to protecting San Clemente from natural hazards of beach erosion and fires and a 1% sales tax increase, providing approximately $15,000,000 annually for 10 years, requiring public spending disclosure, independent audits, all funds used locally for specified purposes only, including sand replenishment/ nourishment/ retention, beach erosion control, maintaining/ restoring beach access/ water quality and supporting fire protection/ prevention programs/ services, be adopted?
YES

NO
WHEREAS, Elections Code section 9282(a) authorizes the City Council to submit an argument in opposition to the measure, and the law does not allow for opposing arguments to be made by individuals or citizen associations; and WHEREAS, Elections Code section 9285 allows for the filing of rebuttal arguments only if the legislative body adopts the provisions of Elections Code section 9282(a) by majority vote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Ballot arguments shall be accepted for and against this measure in 1374
Resolution No. 26-67 Page 2
4905-4942-0960 v1
the manner required by law. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk/Elections Official, in accordance with Elections Code section 9286(b), after which no arguments for or against the measure may be submitted to the City Clerk/Elections Official. The arguments shall be accompanied by the Form of Statement to Be Filed by Author(s) of Argument as supplied by the City Clerk/Elections Official.

SECTION 2. That the City Council authorizes the following member(s) of its body to file a written argument not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California:
(Council Member)
(Council Member)
(Council Member)
(Council Member)
(Council Member)
SECTION 3. Pursuant to section 9285 of the Elections Code of the State of California, when the City Clerk/Elections Official has selected the arguments for and against a measure that will be printed and distributed to the voters, the City Clerk/Elections Official shall send copies of the argument in favor of the measure to the author(s) of any argument against, and copies of the argument against to the author(s) of any argument in favor. The author or a majority of the authors of an argument may prepare and submit a rebuttal argument not exceeding 250 words or may authorize, in writing, any other person or persons to prepare, submit, or sign the rebuttal argument and file it with the City Clerk/Elections Official no later than 10 days after the final filing date for primary arguments. These provisions for rebuttal arguments are only applicable to the November 3, 2026 General Municipal Election and after that election shall expire.

SECTION 4. That the City Clerk/Elections Official shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on the _____ day of ____________, 2026.
_ ____
Rick Loeffler, MAYOR of the City
of San Clemente, California
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Resolution No. 26-67 Page 3
4905-4942-0960 v1
ATTEST:

________________________________
CITY CLERK, Elections Official of the
City of San Clemente, California

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _______ was adopted at an adjourned regular meeting of the City Council of the City of San Clemente held on the __________day of ___________, _____, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ________ day of ______________, _____.

CITY CLERK, Elections Official of the
City of San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
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NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the person(s) whose names appear hereon of their intention to circulate a petition within the City of San Clemente for the purpose of enacting a local one-cent sales tax dedicated exclusively to protecting San Clemente from natural hazards-specifically beach erosion and wildfire risk. A statement of the reasons of the proposed action as contemplated in the petition is as follows:

Statement of Reasons:

San Clemente faces growing natural hazard threats that put our future at risk: disappearing beaches caused by decades of sand loss and expanding wildfire danger in our hills and open spaces. Many neighborhoods east ofl-5 are now officially designated by Cal Fire as Very High Fire Hazard Severity Zones. These threats endanger our homes, schools, neighborhoods, small businesses, beaches, and overall quality of life.

This citizen-led initiative provides a locally controlled solution, dedicated to the public benefit of reducing wildfire risk and restoring San Clemente's beaches-funds split evenly between Beach Protection and Wildfire Prevention and Preparedness.

A modest 1 % local sales tax (one penny per dollar spent-excluding groceries and prescription drugs) ensures visitors and tourists share the cost. This new, stable local funding source also unlocks state and federal grants that require matching funds.

All revenue is legally restricted and cannot be used for general city spending. An independent financial oversight committee and annual public reporting will ensure full transparency and accountability.

Investments from the Beach Protection Fund include:
• Sand replenishment, nourishment, and retention
• Beach erosion control
• Maintenance and repair of the beach trail, pier, beach front public restrooms, and coastal access points
Investments from the Fire Protection and Wildfire Preparedness Fund include:
• To strengthen emergency response and wildfire readiness, support City-authorized fire and EMS services-including Orange County Fire Authority and/or other City-contracted providers. • A new city-managed program to reduce wildfire hazards across thousands of acres of open space and private lands by removing overgrown, flammable, and invasive vegetation using targeted goat and sheep grazing, mechanical clearing, and follow-up maintenance. • Restoration of native, fire-resilient vegetation to stabilize soils and prevent the regrowth of flammable invasive species.
• Community wildfire preparedness: public education and engagement with neighborhood resilience initiatives.

This measure will keep us safer, strengthen community resilience, and protect lives, property, and beach access-while preserving the quality of life that defines San Clemente.

The measure includes a fixed 10-year term. with a required public vote in Year 8 to determine whether it should be extended for one additional 10-year period-balancing urgent action with long-term accountability and local control.

The longer we wait, the more severe and more expensive it will be to protect our town.

Attachment 4
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4907-7404-1699 v2

AN INITIATIVE OF THE PEOPLE OF THE CITY OF SAN CLEMENTE TO ADOPT A SALES TAX INCREASE OF ONE PERCENT (1%) TO PROTECT AGAINST THE

NATURAL HAZARDS OF BEACH EROSION AND FIRES
If passed, this initiative would add a one percent (1%) special transactions and use tax (commonly known as “sales tax”) levied on the retail sale or use of taxable tangible personal property in the City of San Clemente.

Half of the proceeds will be deposited into a new City special fund known as the "Beach Protection Fund", dedicated to the planning, implementation and maintenance of beach protection and restoration efforts. The other half of the proceeds will be deposited into a new City special fund known as the "Fire Protection and Wildfire Preparedness Fund”, dedicated to fire prevention, emergency response support and wildfire risk reduction.

Beach Protection Fund expenditures must directly relate to: (1) sand replenishment, nourishment or retention projects; (2) beach erosion control measures; (3) maintenance, repair or improvement of the Beach Trail, public beach access points, pedestrian bridges, the Pier or beachfront restrooms; or (4) beach water quality protection measures. At least seventy percent (70%) of total Beach Protection Fund expenditures must be for items (1) and (2) above.

Fire Protection and Wildfire Preparedness Fund Expenditures must directly relate to: (1) support for fire protection or emergency medical response services; (2) citywide wildfire prevention programs on both public and private lands; or (3) citywide community outreach, education and engagement programs focused on wildfire prevention and vegetation management across both public and private property.

The two dedicated funds will be subject to the same independent annual audit as other City funds. Up to two hundred fifty thousand dollars ($250,000) from each fund ($500,000 total) may be expended to reimburse the City for its actual costs incurred to the Orange County Registrar of Voters for conducting the elections to enact or extend this tax. The City’s Investment Advisory Committee will serve as an Oversight Committee, reviewing expenditures of all revenue collected to determine whether such funds are properly expended. An accounting of revenues received and expenditures made from the tax will be presented annually to the City Council and made available for public review.

Additionally, the City will be required to prepare and publish an “Annual Accountability Report” including the accounting, breakdowns, summary of progress and outcomes aligned with the required Beach Protection and Wildfire Protection and Preparedness Operational Plans, performance data, unspent funds and proposed future uses, and recommendations for improvements.

Currently, the tax on retail sales within the City of San Clemente is 7.75%, which includes the base tax rate of 7.25% and Orange County’s 0.5% local transportation tax.

Of the 7.25% base tax collected by the State, the City of San Clemente receives 1.00% directly. If passed by a majority vote, the total sales tax rate within the City of San Attachment 5
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4907-7404-1699 v2
Clemente will increase to 8.75% for 10 years and could be extended for one additional 10-year term by another majority vote in 8 years.
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Attachment 6
1381
March 23, 2026
Ms. Laura Campagnolo

REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714) 567-7600
FAX (714) 567-7556
ocvote.gov
City Clerk, City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Dear Ms. Campagnolo:

BOB PAGE
Registrar of Voters
Mailing Address:

P.O. Box 11298
Santa Ana, California 92711
Enclosed is the Certificate as to Verification of Signatures for the initiative petition entitled "San Clemente Natural Hazards Protection and Resilience Act of 2026." The Registrar of Voters verified a total of 6,436 signatures. The cost per signature verified is $3.40 for a total cost of $21,882.40. An invoice is included.

If you have any questions, please contact me at 714-567-7563. ot
n Voter Services Manager
Enclosure
Attachment 7
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1384
1385
Attachment 8
1386
Attachment 9
1387
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10D.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON

VARIOUS CITY COMMISSIONS AND COMMITTEES
..body
Summary:

Municipal Code Section 2.40.030 requires that the City Clerk report to the City Council at least 60 days prior to the expiration of terms of City Commission and Committee appointees. The purpose of this provision is to enable the City Council to authorize the City Clerk to advertise the vacancies and to schedule a date(s) for the City Council to interview applicants and make appointments. Accordingly, this item is agendized for City Council consideration at this time.

The terms of 23 individuals who serve on City Commissions and Committees will expire on June 30, 2026, outlined as follows:
 Arts and Culture Committee – 4 vacancies
 Beaches Parks and Recreation Commission - 7 vacancies  Community Safety and Welfare Committee – 4 vacancies
 Golf Course Committee – 3 vacancies
 Investment Advisory Committee – 1 vacancy
 Planning Commission – 4 vacancies
Attachment 1 of this Administrative Report is a Local Appointments List that identifies the current position incumbents whose terms are due to expire on June 30, 2026.

Considerations Identified by Staff:

City Council appointed Commissions and Committees help a city run more effectively by studying specific issues and making informed recommendations to elected officials. They also give residents a voice in local government by allowing community members to participate directly in decision-making and public discussions.

Council Options:
 Direct the City Clerk to advertise for the vacancies on City Commissions and Committee and schedule an interview date(s).
 Request Staff return with additional information.
 Take no action.
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Meeting Date: April 21, 2026 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

This is not a project under the California Environmental Quality Act (CEQA).

Fiscal Impact:

There is no fiscal impact associated with interviewing candidates for Commissions and Committees.

Recommended Action(s):
..recommendation

1. Authorize the City Clerk to advertise to fill 23 vacancies on the Arts and Culture Committee, Beaches Parks and Recreation Commission, Community Safety and Welfare Committee, Golf Course Committee, Investment Advisory Committee and Planning Commission. All positions are for two-year terms to expire June 30, 2028.

2. Establish one meeting date in June 2026 to interview and appoint individuals to fill the upcoming vacancies.
..end
Attachment:

1. Local Appointments List

2. 2026 City Council Meeting Calendar
Notification:

Commissions and Committees
1389
POSTED ON CITY WEBSITE WWW.SAN-CLEMENTE.ORG AND BULLETIN BOARD ON December 1, 2025 Attachment 1
Local Appointments List
Commission and Committee
Member Terms to Expire in 2026
Commission/Committee Date of
Appointment
Date Term
Expires
Qualifications
Beaches, Parks and Recreation
Commission
John Dolegowski June 2024 June 2026 City Resident
Shauna Garcia June 2024 June 2026 City Resident
Shari Grace June 2024 June 2026 City Resident
Teddy Kahn July 2024 June 2026 City Resident
Alyssa McCanne June 2024 June 2026 City Resident
Matthew Schmitt June 2024 June 2026 City Resident
Diek Van Nort June 2024 June 2026 City Resident
Golf Course Committee
Mandy Hamilton June 2024 June 2026 City Resident
Ben Page June 2024 June 2026 City Resident
Robert Zumberge June 2024 June 2026 City Resident
Community Safety and Welfare
Committee
Stuart Anderson June 2024 June 2026 City Resident
Michael Greenwald June 2024 June 2026 City Resident
Tom Hazelton June 2024 June 2026 City Resident
Rosemary Salas June 2024 June 2026 City Resident
Investment Advisory Committee
Matthew Koelliker June 2024 June 2026 City Resident
Planning Commission
Cameron Cosgrove June 2024 June 2026 City Resident
Gary McCaughan June 2024 June 2026 City Resident
Scott McKhann June 2024 June 2026 City Resident
Karen Prescott-Loeffler June 2024 June 2026 City Resident Arts and Culture Committee
Nicholas Crays October 2023 June 2026 City Resident
Amanda Greco October 2023 June 2026 City Resident
Kathi Koehler October 2023 June 2026 City Resident
Joshua Paskowitz October 2023 June 2026 City Resident
1390
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2026 Council Meeting Agenda Calendar
Attachment 2
1391
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10E.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Adam Atamian, Community Development Director
Subject:
..titl e

CONSIDERATION TO INTRODUCE (FIRST READING) AN ORDINANCE, AND ADOPT AN

URGENCY ORDINANCE, TO MODIFY AND STANDARDIZE THE PARKING TIME LIMITS ON

PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO REAL, NORTH & SOUTH

OLA VISTA, AND THE CITY OWNED PARKING LOT LOCATED AT THE SAN CLEMENTE LIBRARY AND COMMUNITY CENTER, WITH AMENDMENTS TO SECTION 28 OF THE CITY’S TRAFFIC REGULATIONS, AND FINDING THE ORDINANCES EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary and Considerations Identified by Staff:

The parking time limit on portions of Avenida Del Mar, El Camino Real, and North and South Ola Vista has traditionally been 2 hours, while adjacent off-street and nearby parking areas have generally allowed 3-hour or all-day parking. In an effort to support local businesses, standardize the parking time limits, and improve public access to these areas, it is necessary to modify the parking time limits.

The proposed changes in the City’s traffic regulations are being processed as both a typical Ordinance and an Urgency Ordinance due to the time-sensitive nature of the issue, and because the standard ordinance adoption process would not allow these changes to take effect prior to the peak economic season and will limit access of residents and visitors to these critical areas.

However, to the extent possible, the traditional process should be followed. Staff has determined that the proposed urgency ordinance is necessary to preserve the public peace, health, and safety by improving parking availability and access in high-demand coastal and commercial areas during peak seasonal activity.

In addition to the urgent items identified above, there is a direct operational relationship between these proposed changes and the potential modification or extension of the outdoor dining parklet program that is set to expire on July 1, 2026, unless extended by the City Council. Proper parking regulations and effective enforcement will be critical and will inform the decisions of the City Council associated with the parklet discussion. Finally, staff has identified that certain existing parking regulations in the Municipal Code are unclear, inconsistently applied, and difficult to enforce. The provisions of the proposed Ordinance and Urgency Ordinance will address these various concerns in a timely manner.

Proposed modifications to the City-owned parking lot located at the San Clemente Library and Community Center (Library Lot) are also intended to improve parking circulation and increase availability for public use. At the current time, parking at the Library Lot is allowed throughout the 1392
Meeting Date: April 21, 2026 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
day without a time limit (except early morning hours intended to deter overnight parking). It is possible that the Library Lot is being used by employees that work shifts longer than 3 hours, so locations for parking longer than 3 hours are being explored to accommodate employee parking.

These changes are intended to better align the Library Lot with parking management practices in other high-demand public facilities.

Staff has reviewed this issue and determined that an increase in the parking time limit coupled with enhanced parking enforcement will allow visitors to have ample time to frequent a local restaurant and still have time to support local businesses. The current 2-hour parking time limit results in time limitations that impact non-restaurant businesses located on Del Mar. Allowing patrons to have more time will increase the potential for walk-in business that is essential to the success of local retail businesses on Avenida Del Mar, El Camino Real and South Ola Vista.

In addition to the proposed near-term modifications, the City is currently undertaking a broader evaluation of parking management strategies through the development of a comprehensive Parking and Transportation Demand Management (TDM) Plan. This effort is being advanced as part of the City’s ongoing work program to achieve certification of its Local Coastal Program (LCP), and includes a range of potential strategies related to parking supply, time limits, pricing, enforcement, and multimodal access.

The Parking and TDM Plan has been introduced to both the Beaches, Parks, and Recreation Commission and the Planning Commission in recent months for initial review and feedback. The Plan is scheduled to return to the Beaches, Parks, and Recreation Commission on April 14, 2026, and to the Planning Commission on April 22, 2026, for continued discussion. Following completion of the Commission review process, the Plan is anticipated to be presented to the City Council later this year as part of the broader LCP process.

Several of the concepts currently under consideration in the Parking and TDM Plan are consistent with, or expand upon, the issues raised by the City Council in directing this agenda item.

Accordingly, while the proposed ordinance amendments are intended to address more immediate operational and enforcement concerns, they are also informed by, and generally aligned with, this broader, Council-directed planning effort.

Background:

Historically, the City of San Clemente has established parking time limits to encourage regular parking circulation, improve public access, and support local businesses. Without the parking time limits, it is very possible that downtown residents and employees would consume a majority of the parking stalls with very little turnover. The introduction of COVID-era parklets, the changing nature of businesses to include a higher percentage of sit-down restaurants, the increasing popularity of San Clemente as a destination for visitors, the general lack of transit options and similar factors has resulted in the need to review and adjust the parking regulations near the Del Mar commercial hub.

The City Council must decide whether to maintain or modify the existing parklet program prior to July 1, 2026. The two primary considerations include parking and impacts on non-parklet businesses. Recent implementation of enhanced parking enforcement will provide important information regarding the current parking circulation, but it is already clear that some immediate 1393
Meeting Date: April 21, 2026 Agenda Item: 10E.

CITY OF SAN CLEMENTE 3
modifications are necessary to support local businesses, standardize the parking time limits, and improve public access. Parking time limitations in San Clemente are established by Ordinance.

Proposed Modifications
Two modifications to Section 28 of the Codification of the Traffic Regulations of San Clemente, California (“Traffic Code”) are proposed for immediate implementation: (1) clarification and standardization of street parking time limits; and (2) the establishment of parking time limits in the City owned parking lot at the San Clemente Library.

Street Parking Time Limits:

It is proposed that street parking time limits be
standardized to three (3) hours along Avenida
Del Mar between El Camino Real and Calle
Seville, on El Camino Real between Avenida
Victoria and El Portal, and on North and South
Ola Vista between Avenida Cabrillo and Avenida
Victoria. The existing parking spaces designated
as 20-minute parking will remain intact.

Violations of this Section shall be subject to
enforcement and penalties as provided in
applicable municipal and state laws, codes and
regulations.

In most instances the modification will result in an
additional hour of on-street parking allowed on
these streets. The added time will allow patrons
to have enough time to park, wait to be seated, dine and spend some extra time frequenting the non-restaurant businesses in the area. Many reports, including a discussion with the members of the Retired Senior Volunteer Program that conducts parking enforcement for the City, indicate that the two hour parking limit does not allow ample time for many patrons to complete their business in the area. As the busiest visitor season (Summer) is approaching, it is important to address this issue quickly.

Additional parking enforcement resources have been deployed to support implementation of the revised time limits and to provide data on parking utilization and turnover. This information will be essential in not only monitoring the impact of the parking time limits, but it will also inform the impending decision of the City Council in relation to the parklet program extension, modification or termination.
1394
Meeting Date: April 21, 2026 Agenda Item: 10E.

CITY OF SAN CLEMENTE 4
Parking Lot Time Limits:

Currently, no parking time limits apply to the
City-owned parking lot located at the San
Clemente Library. In an effort to support local
businesses and improve public vehicular
access, staff proposes implementation of a
three (3) hour time limit within this parking lot.

It is important to note that at the current time,
several of the parking stalls in the lot are
reserved for Library Staff and City vehicles.

While the amount of reserved parking may be
studied in the future, no change to the
reserved parking would occur at this time.

One of the key elements to observe with this
change is the impact on employee parking in
the commercial area. Often, employees work longer shifts than the proposed three (3) hour time limit. To address this, staff will evaluate alternative employee parking options and review the existing employee parking program.

If introduced now and adopted after a second reading of the Ordinance at the next City Council meeting, the regular Ordinance will go into effect 30 days after its passage pursuant to Government Code section 36937. The Urgency Ordinance would become effective immediately, if passed by a 4/5ths vote of the City Council and accompanied by findings supporting the immediate preservation of the public peace, health or safety, and containing a declaration of the facts constituting the urgency.

Council Options:

The City Council has a variety of options including, but not limited to:
 Introduce Ordinance 1806 and direct staff to return with the Ordinance for second reading and adoption.
 Introduce Ordinance 1806, direct staff to return with the Ordinance for second reading and adoption, and adopt Urgency Ordinance No. 1807, by a 4/5ths vote, to allow for immediate implementation based on findings supporting the immediate preservation of the public peace, health, or safety.
 Continue the item with specific direction to staff.
 Decline to introduce the Ordinance and Urgency Ordinance.

Fiscal Impact:

There is no direct fiscal impact associated with the adoption of the Ordinances. There are potential fiscal impacts related to increased enforcement, but they are anticipated to be nominal. ..recommendation
1395
Meeting Date: April 21, 2026 Agenda Item: 10E.

CITY OF SAN CLEMENTE 5
Environmental Review/Analysis:

The Ordinances are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. The Ordinances will not impact an environmental resource of hazardous or critical concern, will not result in a cumulative impact from successive projects of the same type and there are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource.

Recommended Action(s):

Staff Recommendation
STAFF RECOMMENDS the City Council:

1. Consider introduction and conduct a first reading of Ordinance No. 1806 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 28 OF THE CODIFICATION OF THE TRAFFIC REGULATIONS OF SAN CLEMENTE,

CALIFORNIA TO REPEAL AND REPLACE CERTAIN TIME LIMITATIONS FOR PARKING ON

PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO REAL, NORTH & SOUTH

OLA VISTA, AND THE CITY OWNED PARKING LOT AT THE SAN CLEMENTE LIBRARY/

COMMUNITY CENTER, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES.

2. Find that immediate action and implementation of an Urgency Ordinance is necessary to preserve the public peace, health, and safety by improving parking availability and access in high-demand coastal and commercial areas during peak seasonal activity, and introduce, and adopt, by at least 4/5ths vote, Urgency Ordinance No. 1807 entitled AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 28 OF THE CODIFICATION OF THE TRAFFIC REGULATIONS OF SAN

CLEMENTE, CALIFORNIA TO REPEAL AND REPLACE CERTAIN TIME LIMITATIONS FOR

PARKING ON PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO REAL,

NORTH & SOUTH OLA VISTA, AND THE CITY OWNED PARKING LOT AT THE SAN

CLEMENTE LIBRARY/ COMMUNITY CENTER, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES. ..recommendation
..end
Attachments:

1. Ordinance 1806

2. Urgency Ordinance 1807
Notification:

San Clemente Downtown Business Association
San Clemente Chamber of Commerce
1396
55452.01400\34554865.4
Attachment 1
ORDINANCE NO. 1806

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE AMENDING SECTION 28 OF THE

CODIFICATION OF THE TRAFFIC REGULATIONS OF SAN

CLEMENTE, CALIFORNIA TO REPEAL AND REPLACE

CERTAIN TIME LIMITATIONS FOR PARKING ON

PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL

CAMINO REAL, NORTH & SOUTH OLA VISTA, AND THE

CITY OWNED PARKING LOT AT THE SAN CLEMENTE

LIBRARY/COMMUNITY CENTER, AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF
THE STATE CEQA GUIDELINES.

WHEREAS, Section 28 of the Codification of the Traffic Regulations of San Clemente, California (“Traffic Code”) currently provides regulations for parking in specific locations within the City; and
WHEREAS, the City Council seeks to clarify and standardize the parking time limitations on portions of Avenida Del Mar, North and South El Camino Real, North and South Ola Vista, and the City-owned parking lot located at the San Clemente Library/ Community Center; and
WHEREAS, this ordinance is necessary to support local businesses during the upcoming peak economic season, improve access to coastal resources, implement meaningful parking enforcement.

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

SECTION 1. The recitals above are true and correct and each incorporated fully herein by reference and adopted as findings by the City Council.

SECTION 2. All parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria), and the parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby repealed.

SECTION 3. Parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria), and 1397
Ordinance No. 1806 Page 2
the parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby added to Section 28 of the City’s Traffic Code with a three (3) hour parking time limit as further described in Section 6 below.

SECTION 4. All existing 20-minute parking time limits in Section 28 of the City’s Traffic Code shall remain as currently identified and regulated without change.

SECTION 5. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This Ordinance involves maintaining an existing use with clarification in hours of operation and thus qualifies for the Class 1 exemption.

Furthermore, it is the finding of the City Council that this Ordinance will not impact an environmental resource of hazardous or critical concern, will not result in a cumulative impact from successive projects of the same type and there are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource.

SECTION 6. Subsection 28.d.2j is hereby added to Section 28 of the San Clemente Traffic Code to read as follows:

With the exception of previously identified parking stalls or parking stalls identified in the future by the City Council to be 20 minute parking zones (as indicated by signage and green curb painting), all public on-street parking on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista between Avenida Victoria and Avenida Cabrillo), and within parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center shall be limited to three (3) hours. 1398
Ordinance No. 1806 Page 3
SECTION 7. This ordinance takes effect 30 days after its final adoption.

SECTION 8. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 9. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTION 10. The custodian of records for this Ordinance is the San Clemente City Clerk, and the records compromising the administrative record for this Ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.

First read and introduced at the regular meeting of the City Council on April 21, 2026.

APPROVED AND ADOPTED this ______ day of _______, 2026.

ATTEST:
_______________________________ __________________________ Laura Campagnolo, City Clerk Rick Loeffler, Mayor of the City of the City of San Clemente of San Clemente
1399
Ordinance No. 1806 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1806 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, 2026. __________________________
Laura Campagnolo, City Clerk
of the City of San Clemente
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
1400
55452.01400\34554865.4
Attachment
2 URGENCY ORDINANCE NO. 1807

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE AMENDING SECTION 28

OF THE CODIFICATION OF THE TRAFFIC REGULATIONS

OF SAN CLEMENTE, CALIFORNIA TO REPEAL AND

REPLACE CERTAIN TIME LIMITATIONS FOR PARKING

ON PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH

EL CAMINO REAL, NORTH & SOUTH OLA VISTA, AND THE

CITY OWNED PARKING LOT AT THE SAN CLEMENTE

LIBRARY/COMMUNITY CENTER, AND FINDING THE

ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF
THE STATE CEQA GUIDELINES.

WHEREAS, Section 28 of the Codification of the Traffic Regulations of San Clemente, California (“Traffic Code”) currently provides regulations for parking in specific locations within the City; and
WHEREAS, the City Council seeks to clarify and standardize the parking time limitations on portions of Avenida Del Mar, North and South El Camino Real, North and South Ola Vista, and the City-owned parking lot located at the San Clemente Library/ Community Center; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937(b); and
WHEREAS, immediate action and implementation of this ordinance is necessary to support local businesses during the upcoming peak economic season, improve access to coastal resources, implement meaningful parking enforcement and for the immediate preservation of the public peace, health and safety in the City’s critical downtown area.

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

SECTION 1. The recitals above are true and correct and each incorporated fully herein by reference and adopted as findings by the City Council.

SECTION 2. All parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria) and the parking lot owned by the City of San Clemente located at the San Clemente 1401
Ordinance No. 1807 Page 2
Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby repealed.

SECTION 3. Parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria), and the parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby added to Section 28 of the City’s Traffic Code with a three (3) hour parking time limit as further described in Section 6 below.

SECTION 4. All existing 20-minute parking time limits in Section 28 of the City’s Traffic Code shall remain as currently identified and regulated without change.

SECTION 5. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This Ordinance involves maintaining an existing use with clarification in hours of operation and thus qualifies for the Class 1 exemption.

Furthermore, it is the finding of the City Council that this Ordinance will not impact an environmental resource of hazardous or critical concern, will not result in a cumulative impact from successive projects of the same type and there are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource.

SECTION 6. Subsection 28.d.2j is hereby added to Section 28 of the San Clemente Traffic Code to read as follows:

With the exception of previously identified parking stalls or parking stalls identified in the future by the City Council to be 20 minute parking zones (as indicated by signage and green curb painting), all public on-street parking 1402
Ordinance No. 1807 Page 3
on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal) and North and South Ola Vista between Avenida Victoria and Avenida Cabrillo), and within parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center shall be limited to three (3) hours.

SECTION 7. This ordinance takes effect immediately upon its adoption.

SECTION 8. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 9. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTION 10. The custodian of records for this Ordinance is the San Clemente City Clerk, and the records compromising the administrative record for this Ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.

APPROVED AND ADOPTED this 21st day of April, 2026.

ATTEST:
_______________________________ __________________________ Laura Campagnolo, City Clerk of Rick Loeffler, Mayor of the City the City of San Clemente of San Clemente
1403
55452.01400\34554865.4
Ordinance No. 1807 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Urgency Ordinance No. 1807 , the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth, A. Mitchell, City Attorney
1404
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 10F.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
INFORMATIONAL REPORT ON THE COMMUNITY SAFETY AND WELFARE COMMITTEE’S RECOMMENDATION REGARDING 72-HOUR PARKING REGULATIONS, AND CONSIDERATION OF FURTHER ACTION ..body
Summary:

The Community Safety and Welfare Committee (CSWC) has formulated a recommendation for consideration by the City Council in relation to the City’s existing 72-hour parking restriction on public streets. The issue was initially raised by a resident in attendance at the City Council meeting on October 21, 2025. The primary concern raised by the resident was the potential ability to circumvent the long-term parking of vehicles on public streets by minimally moving vehicles.

The City Council directed the matter to the CSWC for further review and recommendation.

Following review, the CSWC considered the issue at two committee meetings and ultimately recommended that the City Council not pursue amendments to the existing 72-hour parking regulations. Staff has placed the item on the City Council meeting agenda to consider the CSWC’s recommendation and determine whether to maintain the current regulations or direct staff to take additional action, which could include initiating potential Ordinance amendments.

Background:

San Clemente Municipal Code Section 10.28.050 prohibits the use of public streets for the storage of vehicles and establishes a maximum parking duration of 72 consecutive hours and reads as follows:
“No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.”
On October 21, 2025, during the Oral Communications portion of the City Council meeting, a member of the public raised concerns regarding enforcement of this provision, specifically noting that vehicles may remain in substantially the same location for extended periods by being moved only minimally, thereby resetting the 72-hour clock without meaningfully changing their location.

In response, the City Council directed staff to refer the matter to the CSWC for evaluation and recommendations.

The CSWC first considered the item on December 16, 2025, at which time the CSWC directed its Vehicle and E-Bike Safety Programs Subcommittee to further evaluate the issue. The item returned to the full CSWC on February 24, 2026, where the CSWC discussed the existing 1405
Meeting Date: April 21, 2026 Agenda Item: 10F.

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regulations, enforcement considerations, and potential alternatives. Following the discussion, the CSWC voted to recommend that the City Council not pursue amendments to the current 72-hour parking restriction. During deliberations, the CSWC also noted that improvements to street sweeping signage and related parking management tools may help address some of the concerns raised by the public, particularly regarding long-term vehicle storage on public streets.

Subsequently, at the March 3, 2026, City Council meeting, the City Council requested that this item be brought forward for formal consideration.

Discussion:

The core issue raised through public comment and reviewed by the CSWC relates to whether the City’s existing 72-hour parking restriction adequately addresses long-term vehicle storage on public streets, and whether additional requirements, such as requiring a vehicle to be moved a minimum distance, should be considered.

Existing Regulatory Framework
The current regulations establish a time-based limitation but do not define what constitutes sufficient “movement” of a vehicle to reset the 72-hour period. As a result, enforcement is based on whether a vehicle has remained in the same location for more than 72 consecutive hours, typically verified through marking a vehicle’s location (chalking the ground around tires) and observation.

Potential Amendment Concepts
One concept discussed by the public and considered by the CSWC is to require that, after 72 hours, a vehicle must be moved a minimum distance (e.g., 100 feet or one-eighth mile) to be considered compliant.

While this concept is intended to prevent circumvention of the regulations, it presents several practical and potential legal challenges:
 Enforcement Limitations:

Determining whether a vehicle has been moved a specified distance is difficult to verify in the field. Law enforcement personnel would have limited tools to measure or confirm compliance.  Technological Constraints:

Modern vehicle odometers are electronic and not readily accessible or verifiable by enforcement personnel, making it impractical to rely on mileage-based standards.  Ambiguity in Application:

It is unclear how such a requirement would apply in situations where a vehicle is moved offstreet (e.g., onto private property) or relocated, with or without driving it the requisite distance, within close proximity but outside the originally marked location. Additionally, it would be unclear when the vehicle would be allowed to return to the same location (immediately after moving, an hour, the next day).
 Administrative Complexity:
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Meeting Date: April 21, 2026 Agenda Item: 10F.

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Introducing a distance-based requirement could increase the complexity of enforcement and may result in inconsistent application or disputes regarding compliance.  Legal Defensibility:

Any amendment would need to be carefully crafted to ensure it is clear, objective, and enforceable, and does not create ambiguity that could undermine citations or enforcement actions.

CSWC Recommendation
After considering these factors, the CSWC determined that the current ordinance remains appropriate and enforceable, and that the challenges associated with implementing a distancebased requirement outweigh the potential benefits. Accordingly, the CSWC recommends that no changes be made at this time.

Considerations Identified by Staff:

In considering whether to pursue amendments to the 72-hour parking regulations, the City Council may wish to evaluate the effectiveness of the existing regulatory framework, which provides a clear, time-based standard that is relatively straightforward to enforce. While the current regulations may not eliminate all instances of long-term parking, it establishes a legally defensible and administratively workable approach to addressing the use of public streets for vehicle storage, especially for inoperable or abandoned vehicles.

Any potential amendments should prioritize clarity and enforceability. Concepts such as requiring a vehicle to be moved a minimum distance may present practical challenges in the field, including difficulty in verifying compliance and potential ambiguity in how such standards would be applied.

Standards that are difficult to measure or interpret may reduce overall enforcement effectiveness and increase the likelihood of disputes.

The Council may also wish to consider the underlying policy objective of balancing the prevention of long-term vehicle storage on public streets with the allowance of reasonable short-term parking for residents and visitors. In this context, it is important to evaluate whether proposed changes would meaningfully advance that objective or introduce additional complexity without a corresponding benefit.

In addition to regulatory changes, alternative approaches such as enhanced signage, targeted enforcement (street sweeping, storm drainage), or public education may help address some of the concerns raised by the public without necessitating amendments to the Municipal Code.

Finally, the issue reflects broader community expectations regarding neighborhood parking availability and the use of public right-of-way, and any changes should be considered within that broader context to ensure a balanced and practical outcome. If the City Council chooses to strengthen the 72-hour parking regulations, some potential strategies could include:
 Installation of street sweeping signs with posted times for sweeping activities and strict enforcement of the parking restrictions for street sweeping.  Establish a minimum distance a vehicle must be moved in a 72-hour period and provide the necessary equipment (GPS) to verify vehicular movement. 1407
Meeting Date: April 21, 2026 Agenda Item: 10F.

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Council Options:
 Receive and file the CSWC recommendation and direct staff to maintain the current 72-hour parking regulations without modification.
 Direct staff to initiate an amendment to modify the 72-hour parking regulations, with specific direction regarding the nature and scope of potential changes.  Continue the item and provide additional direction to staff or the CSWC for further analysis.

Environmental Review/Analysis:

This item involves policy direction and does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it involves organizational or administrative activities that will not result in a direct or reasonably foreseeable physical change in the environment.

Fiscal Impact:

None associated with the receipt of the CSWC recommendation. Any future ordinance amendments or changes to enforcement practices are likely to result in staff time and administrative costs, which would be evaluated if directed by the City Council.

Recommended Action:
..recommendation
Staff Recommendation
STAFF RECOMMENDS the City Council receive and file the Community Safety and Welfare Committee recommendation and provide direction to staff as appropriate. ..end
Attachments:

1. Minutes of the City Council Meeting of October 21, 2025, relevant portions excerpted

2. Minutes of the Community Safety and Welfare Committee Meeting of December 16, 2025

3. Draft Minutes of the Community Safety and Welfare Committee Meeting of February 24, 2026

4. Minutes of the City Council Meeting of March 3, 2026, relevant portions excerpted Notification:

Community Safety and Welfare Committee and interested members of the public, via email. 1408

CITY OF SAN CLEMENTE
Tuesday, October 21, 2025
City Council
Special and Regular Meeting Minutes
5:00 p.m. - Closed Session
5:30 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tern Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on October 21, 2025 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Cabral, second by Councilmember Wu, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: VM Development II, LLC v. City of San Clemente Orange County Superior Court Case No.: 30-2025-01512943-CU-WM-CJC AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 5:33 p.m.

BUSINESS MEETING
The Business Meeting reconvened at 5:36 p.m. with all City Councilmembers present.

Attachment 1
1409
City Council Special and Regular Meeting Minutes October 21, 2025 o Strengthening Local Governance through Trust, Fundamentals, and Effective Partnerships
• Attended the Protect San Onofre Paddle-Out on October 11, 2025. • Attended the Family Assistance Ministries (FAM) Hunger Walk on October 12, 2025.
• Attended the Coastal Animal Services Joint Powers Meeting on October 13, 2025.
• Recognized Indigenous People's Day.
• Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel (CEP) community meeting at the Casino on October 16, 2025.
• Attended the Red Ribbon Walk and Rally on October 20, 2025. • Narrated a PowerPoint presentation displaying adoptable dogs at the Coastal Animal Services Authority for National Dog Adoption Month.

Mayor Knoblock:
• Attended the 250th Anniversary of the United States Marine Corps from Shore to Sea event at Camp Pendleton on October 18, 2025. • Attended the Intro to City Finance: Expenditures seminar on October 16, 2025.
• . Attended the National Night Out event at Vista Hermosa Sports Park on October 17, 2025.
• Attended the Orange County Mosquito and Vector Control Board Meeting on October 16, 2025.

3. Oral Communications (Part 1)
Dee Coleman, San Clemente, narrated a PowerPoint presentation concerning vehicles being parked on public streets in excess of 72 hours was distributed to the City Council and a hard copy of the presentation is on file with the City Clerk.

Lois McNicoll opined on the quality of beach sand being placed on San Clemente beaches by the Orange County Transportation Authority (OCTA).

Reva Buck commented on the City Council's efforts in addressing the Broadmoor Homeowners Associations enforcement of their 17 foot height restriction.

Amanda Quintanilla narrated a PowerPoint presentation entitled "Correcting Misinformation". A hard copy of the presentation is on file with the City Clerk.