ORDINANCE NO. 1804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY PARKLET DINING, WHICH ESTABLISHES STANDARDS FOR OUTDOOR DINING AREAS AND SUNSETS ON JANUARY 1, 2029; AND FINDING THIS ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15311 AND 15321 WHEREAS, after the 2021 legislative session, the Governor of the State of California signed into law various bills supporting small businesses, including AB 61 and SB 314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB 61 and SB 314; and WHEREAS, proposed regulations and design guidelines were discussed by the City’s Design Review Subcommittee (DRSC) on December 15, 2021 and January 12, 2022 and also by the Planning Commission on February 16, 2022; and WHEREAS, March 2, 2022, the Planning Commission held a duly noticed public hearing on the zoning amendment, and considered evidence presented by City staff and other interested parties and recommended approval of the zoning amendment; and WHEREAS, on March 15, 2022, the City Council held a duly noticed public hearing on Ordinance 1727 and adopted the ordinance on April 5, 2022 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expired, consistent with AB 61 and SB 314 on December 31, 2023; and WHEREAS, the Governor of the State of California signed into law AB 1217 after the 2023 legislative session, which extends the framework for outdoor dining facilities until July 1, 2026; and WHEREAS, on November 7, 2023, the City Council initiated a Zoning Amendment to consider extending the Parklet Program governed by SCMC section 17.28.206 for Temporary Outdoor Dining until July 1, 2026; and WHEREAS, on December 6, 2023, the Planning Commission held a duly noticed public hearing regarding Zoning Amendment 23-424 and considered the facts and evidence presented within the staff report and by any interested member of the public and recommended that the City Council approve Zoning Amendment 23-424; and WHEREAS, on January 16, 2024, the City Council held a duly noticed public hearing regarding Ordinance 1772 and adopted the ordinance on February 6, 2024 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expires, consistent with AB 1217 on July 1, 2026; and WHEREAS, the Governor of the State of California signed into law AB 592 after the 2025 legislative session, which continued the authorization of local outdoor dining programs, and presents a new termination date of January 1, 2029 WHEREAS, on March 17, 2026, the City Council directed staff to initiate a Zoning Amendment, review parklet design standards with the City’s Design Review Subcommittee, and return to the next available City Council meeting to review an amendment the temporary outdoor dining program standards and design and an extension of the program consistent with AB 592; and WHEREAS, amended regulations and design standards were presented to the City’s Design Review Subcommittee on March 25, 2026, public comment and Committee-member feedback were received, and revisions were presented at another Design Review Subcommittee meeting on April 1, 2026; and WHEREAS, on April 21, 2026, the City Council held a duly noticed public hearing regarding Zoning Amendment 26-132 and considered the facts and evidence presented with the staff report, the recommendations of the Design Review Subcommittee, and testimony by any interested members of the public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES DETERMINE, FIND, AND ORDAIN AS FOLLOWS:
SECTION 1: Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.
SECTION 2: CEQA Findings.
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 determines that Zoning Amendment 26-132 constitutes a regulatory action governing the use and design of temporary parklets within existing public rights-of-way and on private property. The project does not authorize any new physical expansion of roadway infrastructure or intensification of use beyond what is already permitted under existing zoning and prior program approvals. Rather, it refines and standardizes operational, dimensional, and design requirements for structures that are accessory to existing commercial uses.
The project is therefore Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section15321: Enforcement Actions by Regulatory Agencies, as the amendments establish and enforce objective standards governing existing uses to ensure consistency and compliance. In addition, the project is exempt pursuant to CEQA Guidelines Section 15311: Accessory Structures, as parklets are minor, temporary structures accessory to existing commercial uses and located within previously developed urban areas.
Furthermore, the proposed amendments represent a minor modification to existing regulations that will not result in a significant expansion of the program’s footprint or intensity. The amendments reduce allowable parklet sizes, establish a cap on the total number of parklets, and introduce standardized design requirements, all of which serve to limit potential impacts rather than expand them. As such, the project does not have the potential to result in a significant effect on the environment.
None of the exceptions to the use of categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply are present, as the project will not result in cumulative impacts, significant effects due to unusual circumstances, impacts to scenic resources, hazardous waste sites, or historical resources.
SECTION 3: Zoning Amendment Findings
With respect to Zoning Amendment 26-132, the City Council finds as follows:
The proposed amendment is consistent with the General Plan and numerous General Plan Policies, such as:
LU-11.03. Flexibility. We allow flexibility to accommodate market changes for the mix of uses identified in the Del Mar/T-Zone Mixed Use Guide, if doing so promotes achieving the Area’s vision and improves livability, reduces vehicular trips, creates community gathering places and activity nodes, or helps strengthen its character and identity.
LU-11.04. Outdoor Dining. We encourage the development of outdoor dining and other similar uses which do not impeded pedestrian use of the sidewalks.
LU-11.05. Bike and Pedestrian Environment. We provide a high-quality bicycle and pedestrian environment with “living street” designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines.
M-2.54. Beneficial Commercial Uses on Public Sidewalks. We may approve certain commercial uses on public sidewalks in the Pedestrian Overlay District when those uses benefit the overall pedestrian environment.
The proposed amendment would update a regulatory document, the Municipal Code, to implement updates to a temporary program for outdoor dining that improves the street scene and environment, supports local businesses, and “creates community gathering places”, strengthening the community character as referenced in LU-11.03.
The proposed amendment will not adversely affect the public health, safety, and welfare, in that they further the General Plan objectives of meeting community values, needs, and conditions.
SECTION 4: Municipal Code Title 17 Zoning Amendment.
SCMC section 17.28.206 shall be amended as set forth in Exhibit “A”, attached hereto, reflecting a new program termination date of January 1, 2029, consistent with Assembly Bill 592, and incorporating by reference new Parklet Design Standards as contained in Exhibit “B”, attached hereto.
SECTION 5: Severability.
If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 6: Effective Date.
This Ordinance takes effect within 30 days after adoption of this Ordinance by the City Council.
SECTION 7: Reference to Existing Provisions.
All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 8: Custodian of Records.
The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 100 Avenida Presidio, San Clemente, CA 92672.
SECTION 9: Certification and Publication.
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law.
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1804 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 ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
Att 1 - Ordinance 26-144 (Parklets) 4909-2392-9249 v.1.docx Ordinance No. 1804 Page 2
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