ORDINANCE NO. 1805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT (ZA) 26-066, TO AMEND SAN CLEMENTE MUNICIPAL CODE SECTION 16.50.010 RELATING TO URBAN LOT SPLITS, AND SECTION 17.86.010 RELATING TO TWO-UNIT PROJECTS, CONSISTENT WITH HOUSING ELEMENT COMMITMENT AND STATE LAW; AND FINDING THIS ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE § 21083.3 AND CEQA GUIDELINES §§ 15183 and 15061(b)(3) WHEREAS, on September, 16, 2021 the California Legislature approved, and the Governor signed into law Senate Bill No. 9 (“SB 9”), which added Government Code sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and WHEREAS, Government Code section 66411.7 requires a local agency to ministerially approve a parcel map for an urban lot split that meets SB 9-specific requirements; and WHEREAS, Government Code section 65852.21 requires a local agency to ministerially approve a proposed two residential units within a single-family zone, without discretionary review or a hearing, if the proposed two-unit projects meet all the requirements set forth in the statute; and WHEREAS, on December 7, 2021, the City Council of the City of San Clemente (“City Council”) adopted Urgency Ordinance No. 1723, to establish appropriate objective standards for urban lot splits and two-unit projects under SB 9; and WHEREAS, on December 20, 2022, the City Council adopted Ordinance No. 1748, to amend the San Clemente Municipal Code (“SCMC”) to comply with Government Code Section 65852.21 and Section 66411.7, and appropriately regulate projects under SB 9; and WHEREAS, on September 19, 2024, the California Legislature approved, and the Governor signed into law, Senate Bill No. 450 (“SB 450”), which amended the above-referenced Government Code sections to remove certain restrictions and requirements for developments under SB 9; and WHEREAS, it is the City’s commitment to remove government constraints to the development of housing where feasible; and WHEREAS, SCMC sections 16.50.010 and 17.86.010, which codify the City’s regulations with respect to urban lot splits and two-unit projects under SB 9, respectively, require amendments in order to comply with SB 9, as amended by SB 450; and WHEREAS, on March 4, 2026, the Planning Commission of the City of San Clemente (“Planning Commission”) conducted a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the proposed Zoning Amendment 26-066. Following the public hearing, the Planning Commission voted to forward the Zoning Amendment to the City Council with a recommendation in favor of its adoption; and WHEREAS, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation in compliance with state and local requirements; and WHEREAS, on April 21, 2026, the City Council held a duly noticed public hearing on this Ordinance, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission’s recommendation, and the agenda report and other evidence that was considered by the Planning Commission, in connection with the proposed Zoning Amendment 26-066; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY DETERMINE, FIND, AND ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission and the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is exempt from CEQA and not subject to further environmental review pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Sections 15183 and 15061(b)(3). Since the project would adopt standards consistent with the land uses and development intensities analyzed in the certified Environmental Impact Report (EIR) for the Housing Element Update, and because and because the project would not introduce any new or peculiar, potentially significant environmental impacts, the SCMC amendments are eligible for the streamlined environmental review and exemption from CEQA pursuant to PRC Sec. 21083.3 and Guidelines Section 15183.
Additionally, the project is covered by the general rule that that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the project is not subject to CEQA. (Guidelines Section 15061(b)(3).) The proposed zoning and subdivision municipal code amendments involve a policy action to align the City’s regulations with State law requirements related to implementation of the Housing Element and the removal of constraints on housing development. The amendments do not authorize or increase the intensity of development beyond what is already permitted under State law, but instead revise or eliminate local standards that are no longer enforceable. As such, the amendments do not result in any new development potential or physical changes to the environment beyond those previously contemplated. Therefore, it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, and the project is not subject to CEQA pursuant to Guidelines Section 15061(b)(3).
SECTION 3. Zoning Amendment Findings. With respect to Zoning Amendment (ZA) 26-066, amending SCMC sections 16.50.010 and 17.86.010 as set forth in Exhibits A and B to this Ordinance, both of which are attached hereto and incorporated herein by this reference, the City Council finds as follows, in accordance with SCMC section 17.16.040:
The proposed amendments are consistent with the General Plan.
The 6th Cycle Housing Element is a component of the General Plan, including the Housing Action Plan objective to monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process amendments as necessary.
Program 14 of the Housing Action Plan of the City’s 6th Cycle Housing Element specifically mandates that the City address and remove governmental constraints affecting the maintenance, improvement, and development of housing. This includes removing constraints for the development of two-unit projects.
The proposed amendments will not adversely affect the public health, safety, and welfare.
The amendments meets community needs and conditions within the limitations set by State law.
The amendments reflect the City’s review, direction, and independent judgement regarding land use.
The amendments are consistent with the City’s 6th Cycle Housing Element, whereby the City Council determined that the implementation of the Housing Element Programs will not adversely impact the public health, safety, and welfare.
SECTION 4. Zoning Amendment 26-066. The City Council hereby approves Zoning Amendment (ZA) 26-066, to amend Sections 16.50.010 and 17.86.010 of the San Clemente Municipal Code as set forth in Exhibits A and B to this Ordinance, with deletions identified with strike-through text, and additions identified with underlined text (deletions/additions). Remaining text not shown with strike-through or underlined text shall remain unchanged.
SECTION 5: 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 City Hall, 910 Calle Negocio, San Clemente, CA 92673. The custodian of these records is the City Clerk.
SECTION 6. 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 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
SECTION 8. 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 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 Rick Loeffler, Mayor of the City of 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. 1805 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
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Ordinance No. 1805 Page 2
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