San Clemente City Council
May 5, 2026

910 Calle Negocio
2nd Floor
San Clemente, California
www.sanclemente.gov
Council Chambers
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
5:00 p.m. Closed Session (Special Meeting)
5:30 p.m. Regular Business Meeting (Regular
Meeting)

CITY OF SAN CLEMENTE
Tuesday, May 5, 2026
City Council
Special and Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

1 City Council Special and Regular Meeting Agenda May 5, 2026 CLOSED SESSION (SPECIAL MEETING 5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
BUSINESS MEETING (REGULAR MEETING 5:30 P.M.)

CALL TO ORDER
INVOCATION – Doug Roland, Student Ministries Director, The Shoreline Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Friends of San Clemente Beaches, Parks and Recreation Presentation of Donation
Presentation of a donation from the Friends of San Clemente Beaches, Parks and Recreation to the City of San Clemente.

2. Council Member Reports

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

2 City Council Special and Regular Meeting Agenda May 5, 2026

7. Staff Communications
A. Prima Deschecha Landfill Update
B. Fourth of July Update

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE 2026-2027

ANNUAL ACTION PLAN FOR EXPENDITURES OF COMMUNITY

DEVELOPMENT BLOCK GRANT FUNDS AND RELATED ACTIONS
City of San Clemente City Council will hold a public hearing for the Action Plan for Fiscal Year 2026-2027. This action is taken in compliance with federal regulations [24 CFR 91].

As a recipient of Community Development Block Grant (CDBG) funds, the City must prepare a Consolidated Plan every five years. The City is also required to update the related Action Plan annually. The Consolidated Plan is a multi-year strategic plan that identifies housing and community priority needs, strategies to address priority needs, and programs/resources to address these needs. The Action Plan delineates proposed activities to be funded under the U.S. Department of Housing and Urban Development’s (HUD) CDBG program. The San Clemente City Council approved the current 2025-2029 Consolidated Plan in May 2025. The draft 2026-2027 Annual Action Plan is available for public review.

Recommended Action
Adopt Resolution No. 26-81, which will:

1. Approve the Fiscal Year 2026-2027 Annual Action Plan.

2. Authorize the City Manager to submit the Annual Action Plan to the U.S.

Department of Housing and Urban Development, and execute the contract and related agreements, forms, and certifications.

3. Accept grant revenues of $294,485 from the U.S. Department of Housing and Urban Development to Fund 017 - CDBG Grants Fund.

4. Authorize a related budget appropriation of $294,485 to the CDBG fund for the amounts in the Fiscal Year 2026-2027 Annual Action Plan.

3 City Council Special and Regular Meeting Agenda May 5, 2026 8B. PUBLIC HEARING TO CONSIDER THE INTRODUCTION (FIRST READING) OF ORDINANCE NO. 1808 TO AMEND VARIOUS PORTIONS OF SAN
CLEMENTE MUNICIPAL CODE TITLE 17 - ZONING ORDINANCE, FOR

CLARITY AND CONSISTENCY, AND FINDING THE ORDINANCE EXEMPT

FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Public hearing to consider amendments to the City of San Clemente Municipal Code Title 17. This includes, but is not limited to: clarifying the minimum building setback for patio covers; adding landscape exceptions to accommodate Orange County Fire Authority requirements related to fuel modification or fire safety in general; reconciling unintended 2014 General Plan change of land use designation of NC2 to NC1.2; adding a minimum setback between a retaining wall and another fence or wall; clarifying distinctions between similar sign types and adding specific regulations; adding a definition for “vertical landscaping”; and revising the definition for “wind-driven sign”.

The City Council will also consider whether the zoning amendments are not a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions relate to the ongoing administrative or discretionary activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).

Recommended Action

1. Opening the public hearing to receive and consider public comment, and close the public hearing following the public portion of the hearing.

2. Introduce, and conduct a first reading of Ordinance No. 1808 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 26-062 AMENDING
TITLE 17 - ZONING OF THE SAN CLEMENTE MUNICIPAL CODE FOR CLARITY AND CONSISTENCY; AND FINDING THIS ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND
15378(B)(5).

4 City Council Special and Regular Meeting Agenda May 5, 2026

9. Unfinished Business
9A. 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 REVIEW OF A

REPORT INDICATING ELIGIBILITY FOR SUBMISSION OF ARGUMENTS

AND REBUTTALS
Recommended Action

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.

3. Edit as desired and adopt Resolution No. 26-67 entitled 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. Potential edits that the City Council should consider are:

A. Fill in, edit or delete in its entirety Section 2 regarding submission of a City Council argument against the measure; and/or

5 City Council Special and Regular Meeting Agenda May 5, 2026 B. Decide whether to allow rebuttal arguments and either leave in or delete Section 3 accordingly.
9B. CONSIDERATION OF INTRODUCING AN ORDINANCE RELATED TO

MAYOR TERM LIMITS AND ADOPTING RELATED POLICY REVISIONS Recommended Action

1. Determine whether to introduce and conduct a first reading of Ordinance No. 1809 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.10 RELATED TO MAYOR TERM
LIMITS AND REPEALING ORDINANCE NO. 1782 IN PART.

2. Adopt Revised Policy 1201-11 (City Council Meeting and Operating Procedures).

10. New Business
10A. INFORMATIONAL REPORT AND CONSIDERATION OF A RESOLUTION

CONCERNING A REQUEST FOR THE CITY TO FORGIVE LOANS AND
DEEDS OF TRUST FOR PROPERTIES LOCATED 133 & 135 W. CANADA AND 143 W. MARQUITA, OWNED AND OPERATED BY MARY ERICKSON

COMMUNITY HOUSING
(Agendized by Councilmember Enmeier, with the support of Mayor Pro Tem Knoblock, Mayor Loeffler, and Councilmember Cabral at the February 17, 2026 City Council meeting.)
Recommended Action
Adopt Resolution No. 26-82, which would deny the request for forgiveness of the outstanding deferred-payment loans secured by Deeds of Trust associated with the properties located at 133 & 135 W. Canada and 143 W.

Marquita, and direct the borrower to satisfy the outstanding loan obligations in accordance with the terms of the loan agreements. If the City had to foreclose on these Deeds of Trust, interest and attorney fees would be available under the terms of the loan agreements.
10B. COMPLIANCE WITH SENATE BILL 707
Recommended Action
Adopt Policy 1201-15 effective July 1, 2026 in order to comply with SB 707.

6 City Council Special and Regular Meeting Agenda May 5, 2026

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Recommended Action:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF APRIL 21, 2026.

B. Commission/Committee Minutes
Recommended Action:

Receive and file the following:
(1) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING
MINUTES OF JANUARY 26, 2026.
(2) ARTS & CULTURE COMMITTEE REGULAR MEETING MINUTES OF JANUARY 26, 2026.
(3) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF MARCH 9, 2026.
(4) INVESTMENT ADVISORY COMMITTEE ADJOURNED SPECIAL
MEETING MINUTES OF MARCH 30, 2026.
(5) ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF
APRIL 21, 2026.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 22, 2026.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3417 THROUGH 3422 AND WARRANT NOS.
611021 THROUGH 611118, PAID ON
4-17-26, IN THE AMOUNT OF $1,700,099.83
(2) APPROVE WARRANT NOS.
611119 THROUGH 611246, PAID ON
4-24-26, IN THE AMOUNT OF $1,802,244.64

7 City Council Special and Regular Meeting Agenda May 5, 2026 (3) APPROVE HANDWRITE NOS. 611403,
WIRE TRANSFER NOS. 3423 THROUGH
3431 AND WARRANT NOS. 611247
THROUGH 611402, PAID ON 5-1-26,
IN THE AMOUNT OF $1,629,630.75
TOTAL WARRANT REGISTER $5,131,975.22
Payroll Register
APPROVE WARRANT NO. 1004,
AUTOMATIC DEPOSIT ADVISES 111267
THROUGH 111605, FOR THE PERIOD
3-30-26 THROUGH 4-12-26, PAID
ON 4-17-26, IN THE AMOUNT OF $558,910.33
APPROVE WARRANT NOS. 1005
THROUGH 1006, AND AUTOMATIC
DEPOSIT ADVISES 111606 THROUGH
111953, FOR THE PERIOD 4-13-26
THROUGH 4-26-26, PAID ON 5-1-26,
IN THE AMOUNT OF $556,458.32
TOTAL PAYROLL REGISTER $1,115,368.65
11D. ADOPT ORDINANCE NO. 1801 (SECOND READING) ADDING SECTION

12.28.025 TO THE SAN CLEMENTE MUNICIPAL CODE RELATING TO

MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS
Recommended Action
Adopt Ordinance No. 1801 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTION

12.28.025 TO THE SAN CLEMENTE MUNICIPAL CODE RELATING TO MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS.
11E. ADOPT ORDINANCE NO. 1804 (SECOND READING) CONTINUING OF THE

TEMPORARY PARKLET PROGRAM AND AN AMENDMENT OF THE

PARKLET DESIGN STANDARDS AND TO CONSIDER THE PROJECT

CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommended Action
Adopt Ordinance No. 1804 entitled 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

8 City Council Special and Regular Meeting Agenda May 5, 2026 QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15311 AND 15321.
11F. ADOPT ORDINANCE NO. 1805 (SECOND READING) 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 THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommended Action
Adopt Ordinance No. 1805 entitled 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).
11G. ADOPT ORDINANCE NO. 1806 (SECOND READING) 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/COMMUNITY CENTER, WITH AMENDMENTS TO
SECTION 28 OF THE CITY'S TRAFFIC REGULATIONS, AND FINDING THE

ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Recommended Action
Adopt 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.

9 City Council Special and Regular Meeting Agenda May 5, 2026 11H. CONTRACT AWARD - AQUATIC CENTER PUMP ROOM IMPROVEMENTS

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommended Action
Adopt Resolution No. 26-83, which will:

1. Award a Professional Consultant Services Agreement to Rogers Stringer & McClelland, Inc. in an amount not to exceed $112,000, for Aquatic Center Pump Room Improvements, CIP Project No. 12807.

2. Approve, and authorize the City Manager to execute, Contract No. C26- 35, by and between the City of San Clemente and Rogers Stringer & McClelland, Inc., providing for the Aquatic Center Pump Room Improvements, in an amount not to exceed $112,000, in a form substantially similar to Contract No. C26-35 (Attachment 2).

3. Find the Aquatic Center Pump Room Improvements categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
11I. CONSIDERATION OF RESOLUTION NO. 26-84 AUTHORIZING A

SUPPLEMENTAL APPROPRIATION, ACCEPTANCE OF FUNDS FOR

LIBRARY EXTERIOR REPAINTING PROJECT AND FINDING THE PROJECT

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Recommended Action
Adopt Resolution No. 26-84, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the state CEQA Guidelines.

2. Approve a supplemental appropriation in the amount not to exceed $56,865 to Account No. 001-622-43410-000-000000 (Maintenance of Buildings).

3. Accept revenue in the amount of $56,865 to Account No. 001-000-36855 from the County of Orange.

4. Authorize staff to proceed with the bidding and implementation of the library exterior repainting project.

10 City Council Special and Regular Meeting Agenda May 5, 2026 11J. CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE HOUSING AGREEMENT WITH SAN CLEMENTE PETROLEUM, INC.

INCLUDING AN ANNUAL MONITORING FEE, FOR THE RENTAL OF A

SINGLE HOUSING UNIT WITHIN A MIXED-USE DEVELOPMENT PROJECT

PREVIOUSLY APPROVED PURSUANT TO STATE DENSITY BONUS LAW, WITHIN THE HOUSING OVERLAY, ON A SITE LOCATED AT 1430 S. EL CAMINO REAL; AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15378
Recommended Action
Adopt Resolution No. 26-85, which will:

1. Determine the agreement exempt from the California Environmental Quality Act (CEQA), and direct staff to file a notice of exemption.

2. Approve the Affordable Housing Agreement with San Clemente Petroleum, Inc. included as Exhibit A in the Administrative Report dated May 5, 2026.

3. Approve, and authorize the City Manager to execute, Contract No. C26- 36, Affordable Housing Agreement, by and between the City of San Clemente and San Clemente Petroleum, Inc., for a property located at 1430 S. El Camino Real.
11K. CONSIDERATION OF A RESOLUTION ACCEPTING ADDITIONAL FUNDING

FROM AND APPROVING A COOPERATIVE AGREEMENT WITH OCTA FOR PHASE 2 OF THE OFFSHORE SAND SOURCE INVESTIGATION, AMENDING THE CONTRACT WITH COASTAL FRONTIERS FOR ADDITIONAL PHASE 2

FIELDWORK, AUTHORIZING THE CITY MANAGER TO EXECUTE RELATED

AGREEMENTS, MAKING RELATED SUPPLEMENTAL APPROPRIATIONS

AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Recommended Action
Adopt Resolution No. 26-86, which will:

1. Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 - Information Collection).

2. Approve, and authorize the City Manager to execute, Contract No. C26- 37, Cooperative Agreement, by and between the City of San Clemente and the Orange County Transportation Authority (OCTA), to accept $120,000 to help fund a portion of the Phase 2 of the Offshore Sand Source Investigation project (Attachment 1).

11 City Council Special and Regular Meeting Agenda May 5, 2026

3. Accept revenues contributed by OCTA in the amount of $120,000 to Account No. 001-000-33490.

4. Authorize a supplemental appropriation of $120,000 to Account No. 001- 433-43695.

5. Amend the contract with Coastal Frontiers to increase their contract budget by $120,000 bringing the not to exceed amount to $569,000 to complete the fieldwork portion of the Offshore Sand Source Investigation study.

6. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C26-24, by and between the City of San Clemente and Coastal Frontiers, providing for additional funding for the Phase 2 Offshore Sand Source study, in an amount not to exceed $569,000. 11L. FISCAL YEAR 2025-26 SECOND AND THIRD QUARTER FINANCIAL

REPORTS
Recommended Action
Receive and file the FY2025-26 Second and Third Quarter Financial Reports as presented on May 5, 2026.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. City Attorney
B. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on May 19, 2026.

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

12 City Council Special and Regular Meeting Agenda May 5, 2026

CITY COUNCIL MEETING PROCEDURES

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
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. Electronic presentations shall be limited to visual media, without prerecorded audio narration, that augment a live verbal presentation addressed to the City Council. The display of visual media shall be ancillary to, and not presented in place of, live verbal narration. Members of the public shall not be permitted to connect equipment to the City's computer system. Members of the public shall not be permitted to access the internet from the City's computer equipment. Visual presentations must be provided to the City Clerk in a display-ready format. In no case shall Staff be required to develop a presentation for public use.

This prohibition includes, but is not limited to, compiling of City records, downloading data from websites, or gathering or modifying data provided by the public.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

13 City Council Special and Regular Meeting Agenda May 5, 2026

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

14 910 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: May 5, 2026 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Andy Flores, Management Analyst
Subject: ..title
PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE 2026-2027 ANNUAL ACTION

PLAN FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND RELATED ACTIONS ..body
Summary:

Each year, the U.S. Department of Housing and Urban Development (HUD) determines the amount of Community Development Block Grant (CDBG) funds the City receives based on various community factors such as population, household income, and housing needs. Every five years, the City is required to prepare a Consolidated Plan. The Consolidated Plan is carried out through the Annual Action Plan (AAP), which provides a summary of the activities and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan.

Background:

The City Council adopted the current Consolidated Plan in May 2025. In order to continue receiving CDBG funds from HUD, the City must adopt FY 2026-2027 AAP that lists eligible projects and activities to be carried out during the next fiscal year with CDBG funds.

The City will receive $294,485 in FY 2026-2027 CDBG funds which is approximately 5.3 percent less than current-year funding. Staff also identified $7,550 in prior year uncommitted CDBG funds that are available for programming in FY 2026-2027. Finally, program income received during the year from repayment of prior funded housing rehabilitation loans will be available to support additional housing rehabilitation activities.

All funds must be used to benefit persons of low or moderate income, or targeted populations identified by HUD. HUD regulations require the draft AAP be available for public review for 30 days. The City must also hold a public hearing to obtain public comments regarding the draft AAP and the proposed use of CDBG funds. The approval and adoption of this document requires a public hearing. A notice of such was published in the San Clemente Times on April 2, 2026, announcing the 30-day comment period and the May 5, 2026, public hearing. The required comment period commenced on April 3, 2026, and ended on May 4, 2026.

Discussion:

The 2026-2027 AAP is the second year of the 2025-2029 Consolidated Plan cycle. It is the City's one-year expenditure plan for CDBG funds, addressing priority needs and goals identified within the Consolidated Plan. Attachment 2 provides a copy of the Draft 2026-2027 AAP. The AAP 15 Meeting Date: May 5, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
details CDBG funding allocations for public improvements, housing rehabilitation, public service providers, and program administration, as outlined below.

1. Public Improvements
According to HUD, CDBG funds may be used for activities that include, but are not limited to, the construction or rehabilitation of public facilities and improvements, such as streets, sidewalks, community centers, and neighborhood parks.

The FY 2026-2027 AAP allocates $198,990 for the Calle Oso sidewalk improvements. The proposed sidewalk project utilizing these funds will begin at the 230 Block of Calle Oso, adjacent to the Southwest Corner of Las Palmas Elementary School (Census Tract 421.08 – Block Group 4). To further enhance the walkability and safety of the area, construction of approximately 115 linear feet of concrete sidewalk will be constructed where currently missing in some segments. The project is within a CDBG-eligible census tract and is estimated to assist 2,045 individuals, 64.3 percent of whom are low and moderate-income (730 individuals).

2. Housing Rehabilitation
Since 1994, the City has provided eligible property owners with Housing Rehabilitation Program loans and grants. Residential improvement loan proceeds are primarily utilized to address housing and building code deficiencies and deferred property improvements. The maximum residential rehabilitation loan amount is $35,000 and $25,000 for mobile homes.

The loan carries zero percent interest, with repayment deferred until the home is refinanced or sold/transferred. Loan repayment proceeds are recycled into additional home rehabilitation loans (i.e., program income). The maximum residential rehabilitation grants are $15,000 for low-income homeowners and $10,000 for mobile-home owners for health, safety, or code related repairs. The 2026-2027 AAP is carrying forward $75,000 in CDBG funds from FY 2025-2026, plus program income received during the year, for the Housing Rehabilitation Loan Program. It is anticipated that three (3) units will be rehabilitated during FY 2026-2027.

3. Public Services
The City can allocate up to 15 percent of its annual CDBG grant for public services (i.e., social services). Based on the FY 2026-2027 CDBG grant, up to $44,170 is available for public service grants. In December 2025, the City notified local nonprofit organizations serving San Clemente residents via the City's website, social media, email, and a full-page ad in a local publication that the FY 2026-2027 CDBG public services grant application was available.

In January 2026, the City received five applications for CDBG funding. All applicants combined requested $58,000 in CDBG funding, which represents an amount higher than the $45,000 the City anticipated would be allocated for this portion of the CDBG program for FY 2026-2027. On February 24, 2026, the City's Social Services Budget Committee reviewed the applications and recommended CDBG funding for the program applicants. As part of this recommendation, the Social Services Budget Committee also recommended that should the actual allocation of CDBG funding be higher or lower than the anticipated $45,000, that the recommended amounts be proportionally adjusted higher or lower based on HUD’s final allocation for FY 2026-2027. Because this final allocation of $294,485 represents a decrease of 1.8% of the anticipated $300,000, each of the amounts recommended for the program 16 Meeting Date: May 5, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
applicants by the Social Services Budget Committee has been reduced by 1.8%, as reflected below:
 Age Well Senior Services: $6,380 to assist an estimated 75 San Clemente seniors with Meals on Wheels.
 Camino Health Center: $11,285 to assist an estimated 2,500 residents with low cost medical and dental services.
 Family Assistance Ministries: $14,235 to assist an estimated 40 low and moderate-income persons with case management and supportive services, including Homeward Bound assistance. Direct financial rent and utility assistance is limited to households at risk of eviction or loss of critical public utilities. Homeward Bound assistance will help an individual experiencing homelessness return to their original city of residence or community where they have an established support system.
 Silver Connections (City of San Clemente): $6,870 in CDBG funds will offset the cost of a recreation program for an estimated 100 seniors. This program will provide socialization and physical activities for adults aged 62 or older.
 Parentis Foundation: $5,400 to support one-on-one reading tutoring for students not reading at grade level; trained older adult volunteers recruited from the community will provide tutoring for an entire school year. The program is anticipated to assist 25 youths.

4. Administration
The City may allocate up to 20 percent of its annual CDBG grant for administration activities.

Administrative program costs include funding for fair housing services and City staff and contractual staff time for the overall grant management. Staff conduct public outreach and education, administers and monitors the social services grant program, and coordinate with the Engineering Division in setting community priorities for the CDBG target area. Contract staff oversees the Home Rehabilitation Program, prepare mandatory reports, and work closely with City staff to administer the program. Community Development staff recommends allocation of $58,875 for CDBG program administration, including $5,175 for fair housing services. The Fair Housing Foundation will continue to provide HUD-required fair housing outreach, education, and enforcement services for an estimated 50 San Clemente households The Draft 2026-2027 AAP provides additional details regarding the activities recommended for CDBG funding. Below is a summary of funding recommendations. 17 Meeting Date: May 5, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 4
TABLE 1: PROPOSED FY 2025-2026 CDBG ALLOCATIONS
* Funds carried over from FY 25-26; plus, program income received during FY 26-27 from repayment of prior funded housing rehab loans
Considerations Identified by Staff:

As a recipient of CDBG funds, the City is required to submit an AAP as a condition of receiving these funds. The AAP outlines how CDBG funds will advance the broader goals and objectives established in the Consolidated Plan. Because the City is now in the second year of the Consolidated Plan cycle, the AAP, which serves as the City’s annual expenditure plan, provides additional detail on how the City will use these funds to support eligible projects and activities.

Funded activities typically include housing rehabilitation, public infrastructure improvements, public social services, and program administration, including fair housing services. Failure to submit the AAP in a timely manner could jeopardize the City’s eligibility to receive CDBG funding and result in the loss of funds that would otherwise be used to benefit the community. Therefore, it is important that the City submit the AAP in a timely manner in order to maintain eligibility and fully utilize the available funds.

Council Options:
• Adopt Resolution No. 26-81, which will, (1) approve and adopt the Draft 2026-2027 Annual Action Plan, (2) authorize the City Manager to execute the contract and related agreements, forms, and certifications, (3) accept grant revenues of $294,485 from HUD to Fund 017 - CDBG Grants Fund, and (4) authorize a related budget appropriation of $294,485 to the CDBG fund for the amounts in the FY 2026-2027 AAP.
• Modify and adopt Resolution No. 26-81.
• Continue the item and direct staff to provide additional information. Note that continuing the item could result in missing the CDBG application submission deadline, which is May 15, 2026.
2026-2027 CDBG PROPOSED ACTIVITY PROPOSED CDBG

FUNDING
Public Facility Improvements:

Calle Oso Sidewalk Improvements $198,990
Housing Rehabilitation:

Housing rehabilitation assistance for owner-occupied * $75,000 Public Services:

Youth, seniors, and other low/mod-income households $44,170 CDBG Administration:

CDBG Program oversight and Fair Housing counseling $58,875 TOTAL: $302,035
2025-2026 CDBG RESOURCES
2026-2027 CDBG Grant $294,485
Prior Year Funds $7,550
TOTAL: $302,035
18 Meeting Date: May 5, 2026 Agenda Item: 8A.

CITY OF SAN CLEMENTE 5
• Do not adopt Resolution No. 26-81. This action would result in the City forgoing CDBG funding for FY 2026-2027.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR 15378). The approval of the 2026-2027 Annual Action Plan for the use of Community Development Block Grant Funds has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Appropriate CEQA determinations will be made for specific projects resulting from the allocation of CDBG funds after the grant is awarded.

Fiscal Impact:

The AAP will have a positive fiscal effect by allowing the City to continue utilizing Community Development Block Grant (CDBG) funds to meet housing, infrastructure, and social service needs of the community. For fiscal year 2026-2027, this results in $294,485 of CDBG funds to 017 - CDBG Grants Fund, with additional funding to be determined annually through the submission of future AAPs.

Recommended Action(s):
..recommendation
Staff Recommendation
STAFF RECOMMENDS THAT the City Council approve Resolution No. 26-81, which will accomplish the following:

1. Approve the Fiscal Year 2026-2027 Annual Action Plan;

2. Authorize the City Manager to submit the Annual Action Plan to the U.S. Department of Housing and Urban Development, and execute the contract and related agreements, forms, and certifications;

3. Accept grant revenues of $294,485 from HUD to Fund 017 - CDBG Grants Fund; and

4. Authorize a related budget appropriation of $294,485 to the CDBG fund for the amounts in the Fiscal Year 2026-2027 Annual Action Plan.
..end
Attachments:

1. Proposed Resolution No. 26-81

2. Draft Fiscal Year 2026-2027 Annual Action Plan
Notification:

Public notice published in the San Clemente Times.
19 Attachment 1
RESOLUTION NO. 26-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND
ADOPTING THE FISCAL YEAR 2026-2027 ANNUAL

ACTION PLAN, AUTHORIZING SUBMISSION OF THE PLAN
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT, AND AUTHORING THE EXECUTION OF

THE CONTRACT AND RELATED AGREEMENTS, FORMS,

AND CERTIFICATIONS
WHEREAS, the City of San Clemente is eligible to participate in the Community Development Block Grant (“CDBG”) Program; and
WHEREAS, to receive CDBG funds, and maintain eligibility, the City is required to prepare an Annual Action Plan for Fiscal Year (FY) 2026-2027; and WHEREAS, on April 3, 2026, the U.S. Department of Housing and Urban Development (HUD) released the FY 2026–2027 CDBG allocation amounts, and the City’s formula allocation was determined to be $294,485; and WHEREAS, the Annual Action Plan, a component of the Consolidated Plan, is updated each fiscal year and includes the application to the U.S. Department of Housing and Urban Development ("HUD") for CDBG funds and required certifications related to the receipt and use of CDBG funds; and
WHEREAS, the actual use of CDBG funds for specific projects and programs may require the execution of additional forms and certifications by a duly authorized representative of the City.

NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:

SECTION 1. The City Council hereby approves the FY 2026-2027 Annual Action Plan, which is attached as Attachment 2 to the agenda report dated May 5, 2026, entitled “Public Hearing to Consider the Adoption of the 2026-2027 Annual Action Plan for Expenditures of Community Development Block Grant Funds and Related Actions,” and is incorporated herein fully by this reference.

SECTION 2. The City Manager, or the City Manager’s designee, is authorized to submit the FY 2026-2027 Annual Action Plan to HUD on behalf of the City.

SECTION 3. The City Manager, or the City Manager’s designee, is hereby authorized and directed to approve and execute any and all HUD-and/or CDBGrelated applications, certifications, agreements, and/or other documents or instruments and take such actions as are necessary and proper to implement the approvals and authorizations as set forth herein.
20 Resolution No. 26-81 Page 2
SECTION 4. The City Manager, or the City Manager’s designee, is hereby authorized to accept the final HUD-allocated grant revenues of $294,485 to Fund 017 - CDBG Grants Fund.

SECTION 5. The City Manager, or the City Manager’s designee, is hereby authorized and directed to allot a related budget appropriation of the final HUDallocated grant revenues, of $294,485, to the CDBG fund for the amounts in the FY 2026-2027 Annual Action Plan.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 5
th day of May, 2026.

ATTEST:

City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
21 Resolution No. 26-81 Page 3

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. 26-81 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 , .

Approved as to form:

CITY CLERK of the City of
San Clemente, California
Elizabeth A. Mitchell, City Attorney
22 CITY OF SAN CLEMENTE
2026-2027
CDBG Annual Action Plan
Draft April 6, 2026
Attachment 2
23 i
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Contents
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) .....................................................................1 PR-05 Lead & Responsible Agencies – 91.200(b) ..................................................................................4 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ...............................................................................5 AP-12 Participation – 91.105, 91.200(c) ............................................................................................. 10 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)...................................................................................... 11 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) .......................................................... 14 AP-35 Projects – 91.220(d)................................................................................................................. 16 AP-38 Projects Summary ................................................................................................................... 17 AP-50 Geographic Distribution – 91.220(f)......................................................................................... 23 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ............................................................................................... 24 AP-60 Public Housing – 91.220(h) ...................................................................................................... 25 AP-65 Homeless and Other Special Needs Activities – 91.220(i)......................................................... 26 AP-75 Barriers to affordable housing – 91.220(j)................................................................................ 28 AP-85 Other Actions – 91.220(k)........................................................................................................ 30 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4).................................................................... 32 Attachments
Attachment 1: Summary of Prior Accomplishments
Attachment 2: Public Notice and Summary of Public Comments Attachment 3: CDBG Eligible Area Census Tract Block Groups Attachment 4: Analysis of Impediments Analysis Summary and Action Plan SF-424s and Certifications
24 1
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2026-2027 Annual Action Plan for the City of San Clemente satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, primarily for lowand moderate-income individuals.

Each activity to be undertaken with CDBG funds must meet one of the three national objectives:
• Benefit low and moderate-income persons,
• Aid in the prevention or elimination of slums and blight or • Meet a community need having particular urgency, such as a nationally declared disaster.

To receive CDBG funds, the City must prepare a Consolidated Plan. The Consolidated Plan is a multi-year strategic plan that identifies priority housing and community needs and outlines the City's activities over five years to address them. The Action Plan, a component of the Consolidated Plan, is the City's annual expenditure plan for using CDBG funds to address the needs identified in the Consolidated Plan.

HUD has notified the City that it will receive $294,485 in CDBG funding for Fiscal Year (FY) 2026-2027 – approximately 5.3% less than the City's current-year CDBG allocation. The City has also identified $7,550 in prior-year CDBG funds that will be available during FY 2026-2027 to support eligible activities. Program income received during FY 2026-2027 will be available to support housing rehabilitation activities.

The 2026-2027 Action Plan details the specific activities the City will undertake with CDBG resources to address the housing and community needs identified in the Consolidated Plan. Planned activities include housing rehabilitation, public improvements, public social services grants, and program administration (including fair housing services).

2. Summarize the objectives and outcomes identified in the Plan The five-year CDBG program objectives and outcomes identified in the 2025-2029 Consolidated Plan are summarized below. Corresponding proposed outcomes for FY 2026-27 are also provided below:
• Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 5,400 low- and moderate-income residents / FY 26-27 Goal: 1 project (Calle Oso Sidewalk, which will benefit 2,045 residents)
• Provide housing assistance to 15 homeowners and 1 rental housing owner / FY 26-27 Goal: Rehab 3 owner-occupied and 0 rental units
• Provide access to public social services for 12,500 low- and moderate-income individuals / FY 26- 27 Goal: Assist 2,700 individuals
25 2
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 • Provide access to supportive services and housing for 250 individuals at risk of becoming homeless or who are homeless / FY 26-27 Goal: Assist 40 with services to prevent homelessness • Support activities to promote economic opportunities by assisting 10 businesses that serve lowerincome residents / FY 26-27 Goal: Assist 0 businesses • Provide CDBG program oversight and coordination, including fair housing services to 275 households / FY 26-27 Goal: Provide 1 Year of program administration and assist 50 households with fair housing services

3. Evaluation of past performance
FY 2025-2026 (the current fiscal year) is the first year of the City's 2025-2029 Consolidated Plan cycle. Most planned activities will be completed by June 30, 2026. A table that summarizes the City's Consolidated Plan goals for completed program years is provided in Attachment 1.

4. Summary of Citizen Participation Process and consultation process Resident and community stakeholder participation in prioritizing the use of CDBG funds is an essential component of the Consolidated Plan (and Action Plan) planning process. For the 2026-2027 Action Plan, the City obtained public input in a variety of ways:
• The City's Social Service Budget Committee held a meeting on February 24, 2026, to provide public input regarding allocating CDBG public service grant funds. The Committee is comprised of a City Council representative, members of the City's Human Relations Committee, and City staff. • On April 2, 2026, a notice was published in the local newspaper announcing the required 30-day public comment period for the draft 2026-2027 Annual Action Plan. The notice also announced a public hearing to be held by the City Council.
• On May 5, 2026, the San Clemente City Council held a public hearing to accept additional public input regarding the draft 2026-2027 Annual Action Plan and authorize submission of the plan to HUD.

5. Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views were accepted – see Attachment 2.

7. Summary
The 2026-2027 Annual Action Plan is the second year of the 2025-2029 Consolidated Plan cycle. The Annual Action Plan is the City's one-year expenditure plan for CDBG funds. FY 2026-2027 begins on July 1, 2026, and ends on June 30, 2027. The City will receive $294,485 in CDBG funds for FY 2026-2027. An additional $7,550 in prior year uncommitted CDBG funds, plus program income resources received during the year, will be available to carry out CDBG-eligible housing rehabilitation activities. The Action Plan details how CDBG funds will support the broader goals and objectives of the Consolidated Plan. Funded 26 3
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 activities include housing rehabilitation, public infrastructure improvements, public social services, and program administration, including fair housing services. 27 4
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Table 1 – Responsible Agencies
Agency Role Name Department/Agency
CDBG Administrator San Clemente, CA Community Development Narrative (optional)
The City's Community Development Department is primarily responsible for administering CDBG funds, including preparing the Consolidated Plan, annual action plans, year-end performance reports, and other administrative aspects of the program.

Consolidated Plan Public Contact Information
Adam Atamian, Community Development Director - [email protected] / (949) 361-6196 28 5
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Pursuant to HUD regulations, the City has taken several steps to gather resident and stakeholder input for the development of the 2026-2027 Annual Action Plan. The City Council held a hearing to receive public comment on the proposed use of CDBG funds. The City's Social Service Budget Committee provided funding recommendations for public service grants. The City also used its website and the newspaper to notify residents of the opportunity to review and comment on the draft 2026-2027 Annual Action Plan.

Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of San Clemente works closely with the County of Orange Housing Authority (OCHA); OCHA administers the federal rental assistance voucher and certificate programs. The City has limited resources to assist with developing housing opportunities. Still, City staff will work with developers as opportunities evolve to encourage housing development for lower-income residents.

Through the annual CDBG Public Service Grants, City staff can identify the services residents need and develop partnerships with local agencies to coordinate their delivery.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

As a supporter of the Orange County Continuum of Care (OC CoC) planning process, the City provides information on the activities it will fund to address local homelessness. The OC CoC uses this information to prepare the region's application to HUD for Homeless Assistance Grant funds. As needed, City staff will expedite certifications of consistency with the Consolidated Plan and other forms of support for the OC CoC. The City also supports and participates in the biennial Point-In-Time Survey of the region's homeless.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not assist the OC-CoC in determining ESG allocations, evaluating grant outcomes, or developing policies and procedures for administering the regional Homeless Management Information System (HMIS). 29 6
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities (see Table 2 below):

Table 1 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided information regarding the number
and type of households receiving HUD rental
assistance
2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Homeless Management Information System
(HMIS) Admin
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Regional Continuum of Care coordinator and
HMIS administrator. Provided information
regarding regional and local homeless
populations and shelter resources
3 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Impediments to Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The agency provided data and information that
helped identify the needs of lower-income
families and individuals requiring fair housing
services, and provided input regarding the
City's strategy to address impediments to fair
housing
30 7
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding the service needs of
seniors, including homebound seniors
5 Agency/Group/Organization Family Assistance Ministries Agency/Group/Organization Type Services - Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Families with children
Homelessness Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding housing and service
needs of homeless individuals and households
at risk of becoming homeless
6 Agency/Group/Organization Camino Health Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding medical/dental
service needs of the community, including
homeless individuals
7 Agency/Group/Organization Parentis Foundation
Agency/Group/Organization Type Services-Youth
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding childcare needs for
lower-income households
31 8
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 8 Agency/Group/Organization City of San Clemente
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness
StrategyNon-Homeless
Special Needs Economic
Development Market
Analysis
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Various city departments, committees, and the
City Council provided data and information. It
also played a crucial role in identifying
priorities and recommendations for the
allocation of HUD funds
Identify any Agency Types not consulted and provide rationale for not consulting The City made an effort to maintain an open consultation process; no individual or agency was knowingly excluded.

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each
Continuum of Care 211 Orange County Helped establish program goals to address the plan? needs of the San Clemente homeless, including the
regional & local homeless point-in-time survey
City of San Clemente
Housing Element
City of San Clemente Provided housing priorities and program goals City of San Clemente
Capital Improvement
Plan
City of San Clemente Helped to identify priority capital projects that may be CDBG-eligible
5 Yr. and 1 Yr. PHA Plan Orange County
Housing Authority
Identified OCHA resources to address the housing
needs of low-income renters in the City
Orange County Regional
Assessment of Fair
Housing
Orange County and
Orange County cities
A countywide document identifies impediments to
fair housing within participating cities and outlines
a plan to affirm fair housing
City of San Clemente
Local Hazard Mitigation
Plan
City of San Clemente Addresses natural conditions and human activities that can potentially threaten public health and
safety
Narrative (optional)
Broadband: According to BroadbandNow, 90.5% of San Clemente properties have access to broadband internet. Cox Communications provides broadband service to 94.2% of these properties via cable. AT&T is available to approximately 98% of these properties via DSL, fiber, and 5G. Several additional providers offer satellite or 5-G-based broadband service.
32 9
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Most broadband service providers in Orange County participated in the Affordable Connectivity Program (ACP); however, as of February 2024, funds have been exhausted. The ACP provides eligible households with a $30 discount on monthly broadband internet service. Without reauthorization of the program, most broadband service providers continue to offer reduced-cost service to qualified low-income households.

Cox provides internet service for qualified households for $9.95 a month. AT&T’s Access program provides basic broadband internet service for low-income families for $30 per month.

Resiliency: The City of San Clemente's Local Hazards Mitigation Plan (LHMP) seeks to prevent the loss of life and property damage resulting from natural or human-caused hazards. The City’s LHMP lists, assesses, and ranks potential hazards based on their probability of occurrence and the magnitude of potential impacts.

The LHMP identified four hazards as “high” risk: coastal erosion, landslides, severe weather, and wildfire.

The LHMP states that climate change has the potential to exacerbate several existing hazards in the City; accordingly, the plan includes a “Climate Change Consideration” narrative for hazards such as coastal erosion, landslides and slope failures, severe weather, and wildfires. 33 10
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of San Clemente provided several opportunities for public participation throughout the preparation of the Annual Action Plan. These opportunities included a public meeting, a 30-day public review of the draft Annual Action Plan, and a City Council public hearing. The notice for the required public comment period and a public hearing is provided in Attachment 2 of this plan. Actions are further summarized below.

Citizen Participation Outreach
Table 4 – Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Nontargeted/broad
community
2/24/26 Social
Service Budget
Committee meeting
to recommend CDBG
public service grant
funds
None NA NA
2 Newspaper Ad Nontargeted/broad
community
Notice of 30-day
public review period
(4/3/26 to 5/4/26)
See Attachment 2 NA NA
3 Public Hearing Nontargeted/broad
community
5/5/26 public hearing See Attachment 2 NA NA
34 11
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)
Introduction
HUD has notified the City that it will receive $294,485 in CDBG funding for FY 2026-2027, approximately 5.3% less than the City's current-year CDBG allocation. Additionally, the City identified $7,550 in prior-year CDBG funds that will be available during FY 2026-2027. Program income received during FY 2026-2027 will also be available to fund housing rehabilitation activities. Housing voucher/certificate resources, provided by OCHA and the state Permanent Local Housing Allocation (PLHA), will also be available to support activities that may address the Consolidated Plan's goals.

The City has access to In-lieu Affordable Housing Fee resources; however, no project has been identified to use these funds.

Priority Table
Table 5 - Expected Resources – Priority Table
Program Source of
Funds Uses of Funds
Expected Amount Available Year 2 Expected
Amount
Available
Remainder of
ConPlan
$
Narrative Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public –
federal
Acquisition
Admin & Planning
Economic
Development
Housing
Public
Improvements
Public Services 294,485 0 7,550 302,035 900,000
Annual CDBG allocation from HUD,
program income, and prior-year funds
35 12
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City has identified other resources that will be available to carry out activities that address the goals of the Consolidated Plan:
• OCHA reports that as of January 2026, 125 San Clement households receive rental assistance. It was anticipated that 125 households would be assisted annually during the five-year Consolidated Plan programming cycle. • For FY 2026-2027, the City will utilize PLHA resources to fund homeless outreach services. PLHA is state funding allocated to local governments to help address unmet housing needs.
• In-lieu Affordable Housing Fund resources generated via the City's Inclusionary Housing Program (IHP) are available to assist nonprofit agencies in purchasing land or existing housing units to provide long-term affordable housing. The City adopted the IHP in 1980 to increase the supply of affordable housing. The program requires developers of six or more units to set aside 4% of total units developed for households earning 50% or less of the area median income. The affordable requirement can be provided on‐site, off‐site, or through an in‐lieu fee. Past housing development activity has generated approximately $2,000,000 in funds. The Inclusionary Housing Ordinance is currently being updated to revise the in-lieu fee provisions, ensuring the program remains aligned with current housing policies and development conditions. No specific project is presently slated to benefit from this resource; however, these funds should be considered one-time funds, as most large-scale housing development in the City is complete as the City approaches build-out. In-fill redevelopment is anticipated to allow new housing development.

CDBG does not require matching funds.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
As indicated in the Consolidated Plan, San Clemente is nearly "built out" with limited vacant land; nonetheless, the City's Housing Element identifies several vacant and underutilized sites that may be suitable for housing development. Most properties identified in the Housing Element residential sites inventory are in the City's Housing Overlay. The Housing Overlay Zone intends to encourage affordable rental and for-sale housing in commercial and mixed-use zones. Other in-fill sites outside of the overlay have also been identified for potential housing development, which may include affordable units.
36 13
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Discussion
Funding resources are limited to implement the City's 2026-2027 Annual Action Plan. Per HUD, the City will receive $294,485 in CDBG funding for FY 2026-2027. An additional $7,550 in uncommitted prior-year CDBG funding, plus program income generated from CDBG-funded housing rehabilitation loan repayments (i.e., Revolving Loan Funds), will be available to address priority needs.

OCHA aggressively pursues new rental assistance resources, and the City will support its efforts to secure these resources. Additionally, the City will continue supporting programs that serve City residents with PLHA funds. Finally, the City has identified vacant and underutilized land that may be suitable for housing development. In-lieu fees for affordable housing development are available to support affordable housing activities; however, no projects are slated for development utilizing these resources in FY 2026-2027. 37 14
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Table 6 – Goals Summary
Sort
Order Goal Name Start Year
End
Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Infrastructure and
Facility
Improvements
2026 2027 Non-Housing
Community
Development
CDBG Census
Tracts
Public
Improvements
CDBG:
$198,990
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit:
2,045 Persons Assisted
2 Housing
Preservation
2026 2027 Affordable Housing Citywide Affordable Housing *CDBG:
$75,000
Homeowner Housing
Rehabilitated:
3 Household Housing Unit
3 Public Social
Services
2026 2027 Non-Homeless
Special Needs
Low & Moderateincome Households
Citywide Public Services CDBG:
$29,935
Public service activities other
than Low/Moderate Income
Housing Benefit:
2,700 Persons Assisted
4 Homeless
Continuum of
Care
2026 2027 Homeless Citywide Homeless
Support
Services and
Housing
CDBG:
$14,235
Public service activities other
than Low/Moderate Income
Housing Benefit:
32 Persons Assisted
Homelessness Prevention: 8
Persons Assisted
5 Program
Administration
2026 2027 Administration Citywide Administration and
Planning
CDBG:
$58,875
Other: 50
Other
* No FY 26/27 funding is allocated. Identified funds are carried over from FY 25/26. 38 15
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Table 7 – Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal Description Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents 2 Goal Name Housing Preservation
Goal Description Improve or expand the supply of housing that is affordable to lower-income households 3 Goal Name Public Social Services
Goal Description Provide or improve access to public social services for low- and moderate-income persons and persons with special needs 4 Goal Name Homeless Continuum of Care
Goal Description A continuum of housing and supportive services for the homeless and households at risk of homelessness 5 Goal Name Program Administration
Goal Description Provide for administration and planning activities to address needs identified in the Consolidated Plan, including services to address impediments to fair housing
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

The City of San Clemente does not receive HOME funds; however, CDBG resources are allocated to rehabilitate residential housing units. Three (3) lower-income homeowners are projected to be assisted with CDBG resources during FY 2026-2027. 39 16
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-35 Projects – 91.220(d)
Introduction
The following activities have been allocated CDBG funds for FY 2026-2027. Due to the delay in approving the federal 2026 budget, initial CDBG funding for activities will be increased or decreased by a percentage based on the final FY 2026-2027 CDBG grant once a federal budget is approved. On April 6, 2026, HUD published 2026 CDBG allocations. CDBG funding for the following projects has been adjusted accordingly.

Table 8 – Project Information
# Project Name
1 Single-Family Housing Rehabilitation
2 Program Age Well Senior Services
3 Camino Health Center
4 Families Forward
5 Silver Connections (City of San Clemente)
6 Parentis Foundation
7 Fair Housing Foundation
8 CDBG Program Administration
9 Calle Oso Sidewalk Improvements
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City's Consolidated Plan identifies the homeless, persons with special needs, seniors, and very lowincome households as underserved. The City will allocate a portion of its CDBG funds to activities that address the housing and service needs of lower-income and special-needs households. Consistent with the City's Homeless Strategy, resources will be allocated to provide safety-net services that help at-risk households maintain their current housing. The City will use CDBG program income (i.e., funds generated by the repayment of housing rehabilitation loans) to help homeowners improve their residences without incurring additional housing cost burden. The City will also encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 40 17
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Projects
AP-38 Projects Summary
Table 9 – Project Summary
1 Project Name Single-Family Housing Rehabilitation Program Target Area Citywide
Goals Supported Owner-occupied Housing Rehabilitation
Needs Addressed Housing Rehabilitation
Funding CDBG: $75,000 (carried forward from FY 25/26) plus program income received during the year Description CDBG-funded housing rehabilitation loans or grants for eligible homeowners Target Date 6/30/2027
Estimate the number and type of families
that will benefit from the proposed
activities
3 owner-occupied housing units
Location Description Citywide
Planned Activities CDBG funds ($75,000 in 2025 funds plus program income, i.e., Revolving Loan funds) received during the year) for homeowner housing rehabilitation loans or grants to address housing/building code deficiencies and deferred property improvements
2 Project Name Age Well Senior Services
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $6,380
Description Services for seniors
41 18
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Target Date 6/30/2027
Estimate the number and type of families
that will benefit from the proposed
activities
75 seniors
Location Description Citywide
Planned Activities Meals on Wheels for homebound seniors 3 Project Name Camino Health Center
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $11,285
Description Low-cost medical and dental services for low- and moderate-income persons Target Date 6/30/2027
Estimate the number and type of families
that will benefit from the proposed
activities
2,500 low- and moderate-income persons
Location Description 1300 Avenida Vista Hermosa, San Clemente CA Planned Activities Primary medical, behavioral, and dental health services at a reduced cost for lower-income persons and indigents
4 Project Name Family Assistance Ministries
Target Area Citywide
Goals Supported Homeless Continuum of Care
Needs Addressed Homeless Support Services and Housing
Funding CDBG: $14,235
Description Housing assistance, support services, and case management for households that are at risk of homelessness and those that are homeless
Target Date 6/30/2027
42 19
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Estimate the number and type of families
that will benefit from the proposed
activities
40 low- and moderate-income persons
Location Description Citywide
Planned Activities Rent and utility assistance (8 individuals) and case management (32 individuals) for households at risk of homelessness and those who are homeless
5 Project Name Silver Connection (City of San Clemente) Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $6,870
Description Senior recreation program
Target Date 6/30/2027
Estimate the number and type of
families that will benefit from the
proposed activities
An estimated 100 seniors
Location Description Citywide
Planned Activities Socialization and physical activities for adults aged 62 and older 6 Project Name Parentis Health Foundation
Target Area Citywide
Goals Supported Public Social Services
Needs Addressed Public Services
Funding CDBG: $5,400
Description Children's literacy program that links students ages 5 to 11 with a trained older adult tutor 43 20
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Target Date 6/30/2027
Estimate the number and type of
families that will benefit from the
proposed activities
25 youths
Location Description Boys & Girls Club of the South Coast Area, 1304 Calle Valle, San Clemente, CA Planned Activities Intensive one-on-one reading support for students who do not read at grade level - tutoring is provided by trained older adult volunteers for an entire school year 8 Project Name Fair Housing Foundation
Target Area Citywide
Goals Supported Program Administration
Needs Addressed Administration and Planning
Funding CDBG: $5,175
Description Fair housing outreach, education, and enforcement services to reduce and eliminate impediments to fair access to housing
Target Date 6/30/2027
Estimate the number and type of
families that will benefit from the
proposed activities
50 households
Location Description Citywide
Planned Activities Fair housing outreach, education, and enforcement services, including landlord, tenant, and property management fair housing training; community outreach and education; complaint investigation and enforcement services
9 Project Name CDBG Program Administration
Target Area Citywide
Goals Supported Program Administration
44 21
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Needs Addressed Administration and Planning
Funding CDBG: $53,700
Description CDBG program oversight and coordination
Target Date 6/30/2027
Estimate the number and type of
families that will benefit from the
proposed activities
Not applicable
Location Description 910 Calle Negocio Ste. 100, San Clemente CA – City Hall Planned Activities Program oversight and coordination, including management of public service grants, housing rehabilitation programs, and preparation of required applications and reports 12 Project Name Calle Oso Sidewalk Improvements
Target Area CDBG Census Tracts
Goals Supported Public Infrastructure Improvements
Needs Addressed Public Improvements
Funding CDBG: $198,990
Description Construction of missing sidewalk segments
Target Date 6/30/2028
Estimate the number and type of families
that will benefit from the proposed
activities
An estimated 2,045 individuals live within the project area, 64.3% of whom are low- and moderate-income
Location Description Calle Oso, San Clemente, CA (Census Tract 421.08 Block Group 4) Planned Activities Construction of 115 linear feet of missing sidewalk 45 22
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs:

The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of the elderly, lower-income households, and people with disabilities. According to data from the Consolidated Plan, these households contribute a significant share of their income to maintain housing. Consistent with the City's Homeless Strategy, resources will be allocated to help these households remain housed in place rather than fall into homelessness by providing social safety net services. The City's housing rehabilitation program can assist elderly and disabled homeowners in improving their residences to address specific household needs. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 46 23
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Most activities slated for CDBG funding during FY 2026-2027 will be available citywide to income-eligible individuals and households. These activities include public services and housing rehabilitation. Activities such as sidewalk improvements will be limited to specific areas of the City where a significant percentage of residents meet HUD's income limits. A list of the City's CDBG-eligible areas is provided in Attachment 3.

Geographic Distribution
Table 10 - Geographic Distribution
Target Area Percentage of Funds
CDBG census tracts 66
Citywide 34
Rationale for the priorities for allocating investments geographically FY 2026-2027 CDBG funding is allocated primarily within the City's CDBG-eligible Census Tracts; however, the City's primary intent is to serve lower-income residents who need housing or services, regardless of where they live in the City. Area-wide activities (e.g., public improvements) are typically limited to the City's CDBG-eligible areas.

Discussion
The City's primary intent is to use CDBG funds to assist eligible households in need of services, regardless of where they live in the City. A portion of funds focuses on specific areas of the City with a significant percentage of low- and moderate-income residents.
47 24
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City will utilize limited CDBG funds and program income (Revolving Loan) to provide eligible homeowners with housing rehabilitation loans and grants.

Table 11 - One-Year Goals for Affordable Housing by Support Requirement One-Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 3
Special-Needs 0
Total 3
Table 12 - One-Year Goals for Affordable Housing by Support Type One-Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 3
Acquisition of Existing Units 0
Total 3
Discussion
The City will utilize CDBG and program income (Revolving Loan funds) to assist in rehabilitating owneroccupied housing units. While it is not the program's primary focus, some special-needs households (seniors and people with disabilities) may receive assistance from the program during the year. The City will also continue to support OCHA's program activities in the community. It is estimated that 125 households will receive rental assistance vouchers or certificates during FY 2026-2027. 48 25
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-60 Public Housing – 91.220(h)
Introduction
San Clemente does not own or manage public housing.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
San Clemente does not own or manage public housing.
49 26
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As the Consolidated Plan outlines, the City's homeless strategy emphasizes preventing homelessness, as it is less expensive and less disruptive to keep a household housed. To this end, the City has supported local agencies with CDBG resources that provide various services for lower-income households, including food banks, rent/utility assistance, and reduced-cost childcare and healthcare services. These safety-net programs can help a household maintain its current housing situation and avoid homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
No CDBG resources will be allocated for homeless outreach services in FY 2026-2027; however, the City will utilize PLHA funds to fund homeless outreach staff.

The City of San Clemente will also continue to support agencies working directly with sheltered and unsheltered homeless populations. For example, Family Assistance Ministries conducts extensive outreach and vulnerability assessments throughout San Clemente and neighboring communities. Other agencies conduct similar outreach and assessment services for specific homeless populations, such as domestic violence victims and transitional-age youth.

Addressing the emergency shelter and transitional housing needs of homeless persons The Consolidated Plan indicates that Family Assistance Ministries manages 53 emergency and six transitional shelter beds in San Clemente. These shelter beds are earmarked for homeless families with children. Additionally, Laura's House offers 42 emergency shelter and 12 transitional shelter beds for victims of domestic violence. Friendship Shelter also provides five emergency shelter vouchers.

No FY 2026-2027 CDBG funds are allocated for emergency shelter or transitional housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
As outlined above, the City will focus its CDBG resources on providing social safety-net services to help atrisk households avoid homelessness. The 2024 Orange County homeless Point-In-Time survey indicates that 36 San Clemente homeless individuals are sheltered, while 46 are reported as unsheltered. 50 27
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Upon request, the City will support agencies that provide homeless housing and supportive services by providing a Certification of Consistency with the Consolidated Plan. (Note that in addition to being consistent with the Consolidated Plan, programs must also comply with applicable federal, state, and local regulations). Additionally, the City will continue to support the OC-CoC's efforts to secure resources to address regional homelessness and OCHA's efforts to obtain additional housing assistance vouchers for homeless Veterans (VASH). OCHA reports that in January 2026, five veteran households will benefit from VASH housing assistance in San Clemente. Additionally, ten households receive rental assistance via the Continuum of Care Voucher program. This program provides rental subsidies and supportive services to individuals with disabilities who have experienced homelessness.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City's strategy is to help a household at risk of homelessness stay in their home. CDBG funding is allocated to provide social safety-net services that help at-risk households avoid homelessness. The City will also continue to support regional homeless planning efforts, including the OC-CoC's Discharge Plan, which will help prevent individuals from leaving institutions, hospitals, and similar settings and becoming homeless.

Discussion
The City's homeless strategy is to prevent homelessness and support local service providers' efforts to seek additional resources. The City's CDBG funds are allocated to safety-net services to help households at risk of homelessness redirect limited income toward housing. 51 28
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Barriers to affordable housing and actions to overcome barriers are listed in the City's Housing Element and discussed in the Consolidated Plan.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Listed below are some of the primary actions the City’s Housing Element has identified to help eliminate or mitigate barriers to the development of affordable housing. • The City has established densities in the mixed-use and housing overlay zones that help ensure that land zoned for multi-family use, which is limited, is developed as efficiently as possible. • State law requires that local governments grant a density bonus and additional incentives or concessions to facilitate affordable housing development. The City has adopted a Density Bonus Ordinance and complies with other State laws that incentivize housing development. • The City provides reduced parking requirements for senior housing projects and affordable housing, consistent with State Density Bonus law and AB 2097
• Housing projects developed within the Housing Overlay must have 20% of the units affordable to lowincome households or 40% moderate income households. These projects are entitled to utilize the State Density Bonus parking standards.
• The State has passed numerous changes to the Accessory Dwelling Unit (ADU) law to facilitate the development of ADUs; the City has subsequently amended its ADU Ordinance to comply with State law. ADUs may be an alternative source of affordable housing for lower-income households and seniors, as these units typically rent for less than comparable apartments. • The City does not typically offer fee waivers; however, the City Council may approve a waiver, offer deferred or reduced fees, or supplement fees. The City has limited financial resources to subsidize housing development; however, the City will accept an in-lieu fee for projects that do not or cannot provide on-site affordable units (including within the Coastal Zone). In turn, In-lieu Fee Funds can be used to support affordable housing projects that create affordable housing opportunities for lowerincome residents.

Discussion
The City's Housing Element identifies several barriers to affordable housing development. The Housing Element also identified several actions the City can take to reduce these impacts. City staff routinely inform prospective applicants during preliminary project discussions of available housing incentives, including the Density Bonus, Housing Overlay, and Senior Housing incentives, to encourage housing production and affordability opportunities. Accessory Dwelling Units (ADUs) have been a significant 52 29
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 contributor to housing production, with 118 ADUs approved and 100 constructed to date. The Housing Element established a target of 120 ADUs over an eight-year planning period, and the City has nearly reached that goal in approximately half the time. Through the implementation of the City’s ADU policies and streamlined approval process, no ADU applications have been denied. In addition, the City’s SB 9 ordinance is currently under review and will be presented to the City Council for consideration, and the Inclusionary Housing Ordinance is being updated to revise the in-lieu fee provisions, ensuring the program remains aligned with current housing policies and development conditions. 53 30
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 AP-85 Other Actions – 91.220(k)
Introduction
Outlined below are the actions the City will implement to address the sub-strategies of the Consolidated Plan.

Actions planned to address obstacles to meeting underserved needs The City will allocate a portion of CDBG funds for activities that address the service needs of lower-income and special-needs households. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for these households. CDBG resources will be available to help with housing rehabilitation. This program is available to assist homeowners in improving their residences and addressing specific household needs.

Actions planned to foster and maintain affordable housing San Clemente has identified actions it will implement during FY 2026-2027 to foster and maintain affordable housing. The Consolidated Plan identifies programs such as Housing Rehabilitation assistance as the means to maintain and improve housing currently available to low- and moderate-income residents. By providing deferred-payment loans or grants, homeowners can rehabilitate their properties to meet basic housing quality standards and incur minimal additional housing costs. CDBG funding and program income received during the year will be available to assist with housing rehabilitation.

Actions planned to reduce lead-based paint hazards
The City will ensure compliance with federal lead-based paint regulations. All housing units constructed before 1978 that are rehabbed with CDBG funds must be tested for lead paint hazards. If lead is found, additional assistance may be provided to eliminate lead hazards in compliance with current regulations.

Actions planned to reduce the number of poverty-level families Approximately 5.8% of the City's population lives below the poverty level, including 3.2% of children under 18 and 5.3% of seniors (aged 65 and older). During FY 2026-2027, the City will fund the following activities to help reduce the number of poverty-level households:
• Support public services that provide a social safety net for lower-income households, especially for the near-homeless
• Support OCHA's administration of the federal rental assistance program for very low-income renters
• Subject to the availability of funds, provide housing rehabilitation assistance for lower-income and special-needs homeowners
54 31
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Actions planned to develop institutional structure
The City has made an effort to establish an institutional structure to help identify and access resources to improve the community. The City will continue to work with nonprofit and public entities to deliver public services. As a supporter of the Orange County Continuum of Care, the City will provide critical information to the County of Orange to prepare the County's Continuum of Care Homeless Assistance grant application to HUD. The City will also continue to assist OCHA in implementing its Public Housing Authority (PHA) Plan to provide rental assistance vouchers and certificates.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of San Clemente does not operate public housing, but OCHA provides rental assistance in the community. Federal legislation requires OCHA to prepare five-year and one-year plans that outline its mission, goals, and objectives for public and assisted housing programs. The City will review OCHA's plans and provide OCHA with the opportunity to review and consult with the City regarding its Consolidated Plan/Annual Action Plan. This cross-consultation aims to provide consistent and coordinated housing services for City residents.

San Clemente has also developed positive relationships with private and nonprofit housing developers.

Additionally, ongoing relationships with local nonprofit social service providers help promote the efficient and effective use of limited private and public resources to address the community's service needs.

Discussion
HUD-funded grant recipients are required to affirmatively further fair housing and not to discriminate in housing or services, directly or indirectly, on the basis of race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as San Clemente are required to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the non-discrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate region-wide fair housing planning. The Orange County – Affirmatively Fair Housing (OC-AFH) plan is the primary document for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented; accomplishments are reported annually. The City participated in the development of the OC-AFH, which the City Council adopted in May 2025. A summary of impediments to fair housing and the action steps the City will take to affirmatively further fair housing is found in Attachment 4.
55 32
OMB Control No: 2506-0117 (exp. 09/30/2021) Draft 4/6/26 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
Each HUD program covered by the Consolidated Plan regulations must address specific program-specific requirements.

Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed
0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan
0 5. The amount of income from float-funded activities 0 Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The City will meet the CDBG program's overall 70% benefit requirement for low- and moderate-income households over one program year – FY 2026-2027.
56 Five-Year and One-Year Summary of Accomplishments
Grantee Name: City of San Clemente
Source of
Funds Year Performance Indicators
Expected
Number
Actual
Number
Percent
Completed
2025 Housing Units 3 0.0%
2026 Housing Units
2027 Housing Units
2028 Housing Units
2029 Housing Units
15 0 0.00%
2025 Housing Units 0 NA
2026 Housing Units
2027 Housing Units
2028 Housing Units
2029 Housing Units
1 0 0.00%
2025 Housing Units 150 0.00%
2026 Housing Units
2027 Housing Units
2028 Housing Units
2029 Housing Units
150
(Annual Avg) (1 Yr Avg)

0.0%
(1 Yr Avg)
Source of
Funds Year Performance Indicators
Expected
Number
Actual
Number
Percent
Completed
2025 Individuals 2,705 0.00%
2026 Individuals
2027 Individuals
2028 Individuals
2029 Individuals
12,500 0 0.00%
2025 Projects 1,345 0.00%
2026 Projects
2027 Projects
2028 Projects
2029 Projects
5,400 0 0.00%
CDBG
5-Yr Con Plan Goal
CDBG
Decent Housing
CDBG
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income homeowners HUD
Housing
Vouchers
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income renter households CDBG 5-Yr Con Plan Goal
Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents
Objective: Housing Preservation
Suitable Living Environment
Objective: Public Social Services
Objective: Infrastructure and Facility Improvements
Housing Choice Vouchers (Administered by OCHA): Improve or expand the supply of housing affordable to lower-income households Provide or improve access to public social services for low- and moderate-income persons and persons with special needs
5-Yr Con Plan Goal
Attachment 1 1 of 2
57 Five-Year and One-Year Summary of Accomplishments
Source of
Funds Year Performance Indicators
Expected
Number
Actual
Number
Percent
Completed
2025 Businesses 0 NA
2026 Businesses
2027 Businesses
2028 Businesses
2029 Businesses
10 0 0.00%
Source of
Funds Year Performance Indicators
Expected
Number
Actual
Number
Percent
Completed
2025 Individuals 50 0.00%
2026 Individuals
2027 Individuals
2028 Individuals
2029 Individuals
250 0 0.00%
Source of
Funds Year Performance Indicators
Expected
Number
Actual
Number
Percent
Completed
2025 Year of Admin 1 0.00%
2026 Year of Admin
2027 Year of Admin
2028 Year of Admin
2029 Year of Admin
5 0 0.00%
2025 Households 50 0.00%
2026 Households
2027 Households
2028 Households
2029 Households
275 0 0.00%
Grants and other forms of assistance to improve or expand local businesses
Provide a continuum of supportive and housing services for the homeless and households at risk of homelessness
5-Yr Con Plan Goal
Continuum of Care
Objective: Homeless Continuum of Care
CDBG
CDBG
CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing
Objective: Economic Opportunities
Economic Opportunity
5-Yr Con Plan Goal
Other
Objective: Administration and Planning
Attachment 1 2 of 2
58 TO BE PUBLISHED: 4/2/26

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC

HEARING WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, ON THE PROPOSED SUBMISSION OF THE 2026-2027 ANNUAL ACTION PLAN AND THE COMMENCEMENT OF THE THIRTY (30) DAY COMMENT PERIOD
NOTICE IS HEREBY GIVEN that the City of San Clemente City Council will hold a public hearing and public comment period for the Action Plan for Fiscal Year 2026-2027. This action is taken in compliance with federal regulations [24 CFR 91].

As a recipient of Community Development Block Grant (CDBG) funds, the City must prepare a Consolidated Plan every five years. The City is also required to update the related Action Plan annually. The Consolidated Plan is a multi-year strategic plan that identifies housing and community priority needs, strategies to address priority needs, and programs/resources to address these needs. The Action Plan delineates proposed activities to be funded under the U.S. Department of Housing and Urban Development’s (HUD) CDBG program. The San Clemente City Council approved the current 2025-2029 Consolidated Plan in May 2025. The draft 2026-2027 Annual Action Plan is available for public review.
30-Day Public Comment Period
The required 30-day public comment period for the 2026-2027 Annual Action Plan will begin on April 3, 2026, and end on May 4, 2026. The draft document will be available for public review during regular business hours at City Hall, at the Community Development Department at 910 Calle Negocio, and on the City’s website at https://www.sanclemente.gov/238/Social-Services-Community-Grants-CDBG. Written comments may be submitted to Andy Flores, Management Analyst, at 910 Calle Negocio, San Clemente, 92673, or [email protected] on or before noon, May 4, 2026. 2026-2027 Action Plan
To date, HUD has not published FY 2026-2027 CDBG allocations; however, for planning purposes, the City anticipates receiving $300,000 in CDBG funds for FY 2026-2027. Prior year unused funds ($7,550) and housing rehabilitation program income will also be available. Once HUD announces CDBG grants, proposed CDBG allocations will be increased or decreased by a uniform percentage based on the final grant amount or as otherwise directed by the City Council.

The proposed use of CDBG funds includes the following:

Proposed Activity Proposed CDBG Allocation
▪ Public social services for lower-income persons,
seniors, the homeless & youths $45,000
▪ Housing Rehabilitation Program Income Received
During the Year
▪ Capital Improvements $202,550
Attachment 2 1 of 3
59 ▪ Program administration (including Fair Housing
services) $60,000
2026-2027 Action Plan Public Hearing
A public hearing is scheduled before the City Council of the City of San Clemente on May 5, 2026, at 5:30 pm, regarding the Action Plan for Fiscal Year 2026-2027.

If you challenge this project 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 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 pm 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 held at the meeting of the City Council on May 5, 2026, at 5:30 pm at the City of San Clemente City Council Chambers, 910 Calle Negocio, San Clemente, California, Second Floor. All interested persons are invited to attend said hearing.

Laura Campagnolo
City Clerk
Attachment 2 2 of 3
60 SUMMARY OF PUBLIC COMMENTS
30-DAY COMMENT PERIOD
TBD

CITY COUNCIL PUBLIC HEARING
TBD
Attachment 2 3 of 3
61 Attachment 3 1 of 2
62 San Clemente
Low Moderate-Income
(CDBG-eligible Areas)
Name
Low/Mod
Residents
Low/Mod
Univers
Low/Mod
Percentage
Census
Tract #
Blog Group
#
San Clemente 255 305 83.60% 042108 2
San Clemente 835 1,095 76.30% 042109 1
San Clemente 675 930 72.60% 042108 5
San Clemente 1,425 2,080 68.50% 042107 2
San Clemente 720 1,060 67.90% 042108 1
San Clemente 1,470 2,285 64.30% 042112 2
San Clemente 1,315 2,045 64.30% 042108 4
San Clemente 780 1,240 62.90% 042109 3
San Clemente 835 1,345 62.10% 042107 1
San Clemente 1,195 2,005 59.60% 042116 4
San Clemente 550 965 57.00% 042114 2
San Clemente 310 590 52.50% 042111 3
* HUD Data as of 2/20/25
www.hudexchange.info/programs/acs-low-mod-summary-data/acs-low-mod-summary-data-summarized-block-groups/ Attachment 3 2 of 2
63 San Clemente - Assessment of Fair Housing Action Plan Issue: Concentration, Disparities in Access to Opportunity, and Disproportionate Housing Needs The majority of the city is considered an area of high White concentration, except for one Census Tract encompassing neighborhoods north and east of Max Berg Plaza Park, which is classified as low-medium concentration. There is a cluster of publicly supported housing units in this lowmedium concentration area.

Based on analysis of fair housing complaint data, individuals with disabilities may disproportionately experience discrimination in housing.

Housing cost burden is an issue for renters across Orange County, including in San Clemente.

Contributing Factors:

1. Unaffordable rents and sales prices in a range of sizes, the location and type of affordable housing, and an overall shortage of subsidized housing units

2. Displacement of residents due to economic pressures

3. Cost of repairs or rehabilitation

4. Dominance of single-family housing, which is typically more expensive than multi-family housing

5. Lack of fair housing education and outreach
Actions: Timeframe:

1. Annually promote equal access to fair housing information for all residents. Expand outreach methods beyond traditional media (newspaper or City website) to include other social media platforms such as Facebook, Twitter, and Instagram.

Focus fair housing outreach efforts in the area along the western side of Interstate 5 where racial/ethnic minorities and LMI households are concentrated.

Annually, with the goal to
increase distribution of
information by 20%
between 2021-2029

2. Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community.

Serve at least 50
households each year.

Annually evaluate and
adjust the scope of services
to ensure the City address
any emerging trends in fair
housing issues.

3. In coordination with OCHA and fair housing services provider, provide outreach and education to landlords and tenants regarding the state’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent
Conduct outreach and
education annually;
increase vouchers from
Orange County Housing
Authority by 10% between
2021-2029.

Attachment 4 1 of 3
64 payments. Specifically, provide fair housing responsibility to new ADU applicants.

4. Help non-profits acquire and convert market-rate housing to affordable housing
Ongoing

5. Work to preserve the City’s affordable housing inventory Ongoing

6. Offer a variety of housing opportunities to enhance mobility among residents of all races and ethnicities by facilitating affordable housing throughout the community through the following actions:

Goal of creating 446
affordable units for lower
income households
between 2021 and 2029
a. Promote by-right approvals to facilitate at least one new multi-family housing project with at least 20% of units for lower income households
2021-2029
b. Promote Lot Consolidation program and incentives to
at least three developers.
2021-2029
c. Implement the City’s Affordable Housing Overlay to
facilitate at least one new multi-family housing project 2021-2029
d. Promote the City’s Inclusionary Housing Program to
facilitate at least one multi-family housing project with units affordable for lower income households
2021-2029

7. Provide rehabilitation financing assistance through the Neighborhood Revitalization Program and advertise this
program to the western and southern areas of the City with older housing units and overpaying households.

Assist at least two
homeowners per year

8. Increase public outreach to at least once a year and encourage residents to learn about available housing programs.

Annually

9. Through the City’s fair housing service provider (FHF) increase materials distribution by 25% through the following actions:
a. Provide fair housing education and information to
apartment managers and homeowner associations on
why denial of reasonable modifications/
accommodations is unlawful through fair housing
service contract at least once a year.

Annually
b. Conduct multi-faceted fair housing outreach at least once a year to tenants, landlords, property owners,
realtors, and property management companies.

Methods of outreach may include workshops,
informational booths, presentations to community
Annually
Attachment 4 2 of 3
65 groups, and distribution of multilingual fair housing literature.
c. Provide general fair housing counseling and referral services to address tenant landlord issues and
investigate allegations of fair housing discrimination
and take appropriate actions to reconcile cases or refer to appropriate authorities.

Ongoing
d. Periodically monitor local newspapers and online
media outlets to identify potentially discriminatory
housing advertisements.

Annually
e. Include testing/audits within the scope of work with fair housing provider.

Ongoing
Attachment 4 3 of 3
66 910 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: May 5, 2026 Agenda Item: 8B.

Submitted By: Community Development
Prepared By: Zach Rehm, Acting City Planner
Alexia Gruszczynski, Assistant Planner
Subject:
..titl e

PUBLIC HEARING TO CONSIDER THE INTRODUCTION (FIRST READING) OF ORDINANCE NO. 1808 TO AMEND VARIOUS PORTIONS OF SAN CLEMENTE MUNICIPAL CODE TITLE 17 – ZONING ORDINANCE, FOR CLARITY AND CONSISTENCY, AND FINDING THE

ORDINANCE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
..body
Summary:

This report presents a series of proposed amendments to the San Clemente Municipal Code (SCMC) intended to improve clarity and consistency of the City’s zoning standards. Following City Council direction in May 2025 and subsequent Planning Commission review, staff has prepared an Ordinance amending Title 17 of the SCMC to clean up and clarify standards for accessory structures, landscaping, a commercial use table, retaining walls, signs, and associated definitions. The proposed amendments are primarily technical in nature and are intended to correct outdated references, resolve ambiguities, eliminate inconsistencies, fix typographical errors, and ensure the Municipal Code remains clear, current, and aligned with community expectations.

Background:

At the City Council meeting held on May 20, 2025, staff provided a list of cleanup options that the City Council reviewed and directed staff to initiate. That list was subsequently divided into three batches, roughly based on simplicity of review. The first batch of the zoning changes included streamlining and cleanup items to Title 2, Title 12, Title 16, and Title 17 of the San Clemente Municipal Code. Code sections modified in the first batch will reduce processing time for minor projects, eliminate unnecessary procedural steps, and align the level of review with the scale and potential impacts of the proposed development, while maintaining transparency, public notice, and appeal rights. After review by Planning Commission, staff presented the first batch amendments to City Council on March 17, 2026, when the 1st reading of Ordinance No. 1803 occurred. The City Council adopted the first batch amendments on April 21, 2026.

The proposed (second batch) amendments contained in this item were reviewed by the Planning Commission at their February 18, March 18, and April 8, 2026 meetings. On April 8, 2026, the Planning Commission adopted Resolution PC 26-010, recommending the City Council approve the proposed amendments. A copy of the Planning Commission Meeting Minutes from April 8, 2026 is provided as Attachment 8.
67 Meeting Date: May 5, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
Discussion:

The proposed code amendments are summarized below and provided in full within Exhibit A of proposed Ordinance No. 1808 (Attachment 1). Attachments 2-7 include redlines identifying changes from the current code. Justification for these amendments is provided in the “Considerations Identified By Staff” Section that follows the brief amendment summaries below.  Accessory Structures: This change clarifies the minimum setback and the setback measurement method for accessory buildings and structures, such as patio covers.  Landscaping: This change clarifies review requirements for landscape plans, adds a vertical landscape alternative for non-residential lots, introduces exceptions to comply with Orange County Fire Authority (OCFA) requirements, and clarifies standards for the use of primarily California Native plants, artificial turf, and permeable pavers.  Commercial Use Table for NC 1.2 and NC 1.3 Zones: Updates zoning land use tables to reconcile an unintended effect of a 2014 General Plan land use designation change from NC2 to NC1.2 and NC3 to NC 1.3.
 Walls: This zoning amendment addresses several concerns:
o Adds references to wall height exceptions;
o Establishes minimum setback between a retaining wall and another wall of fence; o Requires that any structure serving the purpose of a guardrail atop a retaining wall will be subject to the same design standards as guardrails; and o Requires landscaping in front of retaining walls to further break up the massing of these structures within front-yard setbacks, street-side yard setbacks, rear-yard setbacks for through lots, and on lots abutting canyons, coastal areas, and open space.  Sign Ordinance: Clarifies distinctions between similar sign types and adds specific regulations.

The “Channel Letter Signs” type in the matrix of sign types (Table 17.84.030A) is removed since “Channel Letter Signs” fit under the “Wall Signs” type. A clarification is added that flag signs may only be authorized temporarily in association with an approved temporary use permit or special event.
 Definitions: Adds a definition for “vertical landscaping” and revises the definition for “winddriven sign” including examples, and cleans up a grammatical error.

Considerations Identified by Staff:

The proposed amendments are primarily technical in nature and are intended to correct outdated references, resolve ambiguities, eliminate inconsistencies, fix typographical errors, and ensure the Municipal Code remains clear, current, and aligned with community expectations.

Accessory Structures
It is currently unclear if the distance required from a primary building applies to a detached accessory structure, such as a patio cover. Additionally, when measuring setbacks, it is common practice to measure from the property line to a building/structure wall, or from a building/structure wall to another building/structure wall when applying a distance requirement between 68 Meeting Date: May 5, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3
buildings/structures. However, the Zoning Code does not provide direction on how to measure a setback to a patio cover. Therefore, this change specifies that a setback is measured to or from the wall or post of accessory structures, such as a patio cover.

Landscaping
A reference to a landscape guidelines and specifications handout is added to help staff and the public determine which type of landscape plan is required – preliminary or comprehensive.

Additionally, due to site constraints on non-residential lots, it is often challenging to meet the landscaping standards for the zone. In an effort to alleviate site constraints and provide alternatives to meet landscaping standards, vertical landscaping is added as an acceptable form of landscaping for nonresidential lots, similar to zoning standards that were accepted for the West Pico Corridor Specific Plan. This proposed change also adds landscape exceptions when Orange County Fire Authority requirements related to fuel modification or fire safety make it challenging to meet general landscaping standards. The Zoning Code is currently unclear on the use of artificial turf. Therefore, this change also clarifies that artificial turf is allowed in areas where living plant material is not required or where the artificial turf directly replaces existing grass. Finally, the code amendment clarifies the proportions of required landscape areas to be covered with living plant materials and California Native species. These amendments are justified because they provide clearer guidance, increase flexibility to address real-world site and fire safety constraints, align standards with adopted plans, and ensure consistent, practical implementation of landscaping requirements while maintaining the City’s aesthetic and environmental objectives.

Commercial Use Table
These proposed changes clean-up the commercial zoning use table to address an unintended effect of a land use change in the 2014 General Plan update. The General Plan update changed the designation of several El Camino Real Neighborhood Commercial (NC 2 and NC 3) properties to NC 1.2 and NC 1.3. The intent was to increase allowed density on portions of El Camino Real without limiting uses in other commercially zoned properties. However, the commercial zoning use tables were not updated to reflect this, and General Plan policy to move new auto-oriented uses away from El Camino Real by locating them in commercial and business park areas of the Rancho San Clemente and Talega Specific Plans. For example, a car wash facility, tire store, and drive-through restaurant are not allowed in a NC 1.2 zone, where it is possible in a NC 2 zone. The proposed zoning changes update the commercial zoning land use table for NC 1.2 and NC 1.3 zones to reflect which land uses exist and should be allowed, consistent with what was allowed prior to the General Plan. For the NC 1.2 zones near the DMV in Shorecliffs, a Minor Conditional Use Permit would remain a requirement to allow several uses in close proximity to single-family uses. A footnote in the zoning table has been added on such uses to require a Minor Conditional Use Permit when adjacent to a single-family use. These amendments are justified because they correct inconsistencies created by prior General Plan changes, restore intended land use allowances, align the zoning code with adopted policy direction, and maintain appropriate compatibility protections for nearby residential areas.

Walls
This revision supports the purpose and intent of walls as they relate to neighborhood compatibility. Fences and walls detached from a retaining wall can function as a required safety guardrail. However, the code is not clear as to whether these fences and walls are reviewed as stand-alone features or are subject to the same development standards as traditional guardrails 69 Meeting Date: May 5, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 4
constructed on top of retaining walls. The current code may be interpreted to allow solid structures to be located very close to the top of a retaining wall, resulting in massing that appears as a solid face. Although the individual structures may not exceed the height limits, the combined height and mass may appear inconsistent with the City’s design guidelines and may have a negative impact on the visual scene and community character. The amendment would require that a guardrail on top of a retaining wall shall not exceed the minimum required height for fall safety, and must be transparent in nature. Additionally, the amendment would clarify that landscaping is required in front of retaining walls to break up the massing and improve the visual scene. These amendments are justified because they clarify existing standards, prevent unintended massing impacts from combined wall and guardrail elements, and reinforce design expectations that preserve neighborhood character and visual quality while maintaining required safety protections.

Sign Ordinance
These changes clarify approval processes, reduce potential confusion for applicants, and support more consistent implementation of the City’s Sign Ordinance.

Definitions
The definition for vertical landscaping provides clear direction for applicants and staff to implement relevant criteria upon request of this landscaping method. The definition helps architects and designers provide code compliant plans which reduce staff review time and limits misinterpretations of the code. Additionally, including wind-driven sign examples clarifies specific sign types subject to this definition and deters non-compliant signage submittals. The clarification will also assist code compliance staff with identifying code violations and managing complaints related to signage.

17.16.040 Zoning Amendment Required Findings:

Prior to approval of a zoning amendment, the following findings shall be made:

A. The proposed zoning amendments are consistent with the General Plan; and B. The proposed zoning amendments will not adversely impact the public health, safety, and welfare.

The proposed zoning amendments improve the effectiveness of processes that directly implement goals and policies of the Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter) pursuant to Government Code Section 65860(c).

The zoning amendments clarify and clean up zoning standards which improve the effectiveness of regulations, making the City’s review process more understandable, predictable, and timely; appropriate to the level of public concern, potential impacts, and nature of projects proposed to implement the General Plan, consistent with Governance Element Policy G-1.01, Effective Governance, “We practice effective governance by adhering to a planning, budgeting, and implementation process which is publicly accessible, understandable, predictable and timely.” Additionally, the zoning amendments adopting clarification and clean-up code changes will not adversely impact the public health, safety, and welfare since they further the Centennial General 70 Meeting Date: May 5, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 5
Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the Planning Commission’s review, direction, and independent judgement regarding land use.

Council Options:
 Conduct the public hearing, and introduce and conduct the first reading of Ordinance No. 1808 (Attachment 1) adopting Zoning Amendment 26-062 (Exhibit A of Attachment 1) and finding the ordinance exempt from the California Environmental Quality Act.  Continue the Item with direction to staff to revise the Municipal Code amendments and/or provide additional information.
 Decline to introduce the ordinance.

Environmental Review/Analysis:

The amendments are not a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and 15378(b)(5) because the revisions relate to ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.). In the alternative, staff recommends that the amendments be found exempt from CEQA under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clean up and clarify zoning standards. The proposed changes do not change land use designations or increase the type, density, or land use impacts of potential development.

Fiscal Impact:

While there is no direct fiscal impact from adoption of the proposed ordinance, staff anticipates that clarifying zoning standards will result in a reduction of staff review time in the future, which would have a positive fiscal impact for the City and property owners/applicants.

Recommended Action(s):

Staff Recommendation
STAFF RECOMMENDS THAT the City Council do the following:
..recommendation

1. Open the public hearing to receive and consider public comment, and close the public hearing following the public portion of the hearing; and

2. Introduce, and conduct a first reading of Ordinance No. 1808 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 26-062 AMENDING TITLE 17 – ZONING OF THE SAN CLEMENTE MUNICIPAL CODE FOR CLARITY AND CONSISTENCY; AND FINDING THIS ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND 15378(B)(5). ..end
71 Meeting Date: May 5, 2026 Agenda Item: 8B.

CITY OF SAN CLEMENTE 6
Attachment:

1. Ordinance No. 1808
a. Exhibit A – Code Amendments (Clean Copy)

2. Redlined Code Changes for Accessory Structures

3. Redlined Code Changes for Landscaping

4. Redlined Code Changes for Commercial Use Table

5. Redlined Code Changes for Walls

6. Redlined Code Changes for Sign Ordinance

7. Redlined Code Changes for Definitions

8. Planning Commission Draft Meeting Minutes dated April 8, 2026 Notification:

Public notices for the zoning amendment were distributed and posted per City and State requirements.
72 Attachment 1
ORDINANCE NO. 1808

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING ZONING
AMENDMENT 26-062 AMENDING TITLE 17 – ZONING OF

THE SAN CLEMENTE MUNICIPAL CODE FOR CLARITY
AND CONSISTENCY; AND FINDING THIS ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES
SECTIONS 15378(B)(2) AND 15378(B)(5)
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”) approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum), and approved Ordinance No. 1645 for ZA 17-251;
C. On December 17, 2019, the San Clemente City Council adopted GPA 19-291 and SPA 19-292 (an updated to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”); and
D. On October 18, 2022, the City Council adopted GPA 21-238, SPA 21-239, and ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241, and approved EIR Addendum No. 4 (the “2022 Addendum”).

WHEREAS, on May 20, 2025, the City Council initiated Zoning Amendment 25- 547 (the “Project”) to Title 17 (Zoning) of the San Clemente Municipal Code to correct outdated references, clarify findings and procedures, remove obsolete code sections, and ensure consistency with current City practices and the Centennial General Plan. The amendments represent a coordinated effort to modernize the City’s zoning standards, improve predictability and efficiency in permit processing, and ensure the Municipal Code remains clear, current, and aligned with community expectations; and 73 Ordinance No. 1808 Page 2
WHEREAS, the Ordinance attached hereto amends various code sections within Title 17 of the San Clemente Municipal Code (“SCMC”) to effectuate the Project and the City Council’s directives on the same; and
WHEREAS, the City, as Lead Agency, conducted an environmental review of the proposed SCMC amendments for compliance with the California Environmental Quality ACT (“CEQA”) and the State CEQA Guidelines; and
WHEREAS, on April 8, 2026, the Planning Commission held a duly noticed public hearing on the attached zoning amendments, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council as fully set forth herein; and
WHEREAS, on May 5, 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 Commission, in connection with the proposed amendments; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES 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 City Council as fully set forth in this Ordinance.

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the City Council finds the amendments are not a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5) because the revisions relate to ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.). Additionally, the amendments are exempt from CEQA under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clarify and cleanup zoning standards. The proposed changes do no change land use designations or increase the type, density, or land use impacts of potential development.

SECTION 3: Zoning Amendment Findings
74 Ordinance No. 1808 Page 3
With respect to ZA 26-062, the City Council finds the following with respect to the amendments to this Zoning Ordinance:

A. The amendments are consistent with the General Plan, in that:

1. The zoning amendments clarify and improve the effectiveness of regulations, make the City’s review process more understandable, predictable, and timely, and are consistent with Governance Element Policy G-1.01 Effective Governance, “We practice effective governance by adhering to a planning, budgeting, and implementation process which is publicly accessible, understandable, predictable and timely.”

2. The zoning amendments will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the Planning Commission’s review, direction, and independent judgement regarding land use.

SECTION 4: SCMC Code Amendments.

Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit “A,” attached hereto and incorporated herein fully by reference.

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: The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED AND ADOPTED AND SIGNED this May __, 2026
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
75 Ordinance No. 1808 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. 1808 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 _____ of ________, 2026, 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
76 Exhibit A
Section 1 Section 17.24.040 is amended to read in its entirety as follows:

17.24.040 Accessory Buildings and Structures.

A. General Requirements for Accessory Buildings and Structures in All Zones.

1. When Accessory Buildings and Accessory Structures May be Constructed.

Attached or detached accessory buildings and accessory structures may be constructed with, or subsequent to, the construction of the primary building as provided for herein. Exceptions may be granted as deemed by the City Planner or designee.

2. Requirements Not Included in This Section. Along with the regulations found in this section:
a. Please refer to provisions in chapters on the individual zones for other standards applicable to accessory buildings; and
b. The provisions within this section shall not apply to fences, walls, hedges, retaining walls and skirt walls. Please refer to Section 17.24.090, Fences, Walls, and Hedges; Section 17.24.180, Retaining Walls, and Section

17.24.190, Skirt Walls, of this Title for specific regulations pertaining to Fences, Walls, Hedges, Retaining Walls and Skirt Walls.

B. Standards for Attached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in All Zones.

1. Setbacks. With the exception of garages in residential zones which qualify for encroachment into the front yard setback, as provided for in Section

17.32.050(E), Garage Encroachment into the Front Setback, and except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height limits, attached accessory buildings/structures shall comply in all respects with the setback requirements for the primary building.

2. Height Limits. Attached accessory buildings/structures may have the same height limit as primary buildings.

C. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Residential Zones and on Residential Lots in Mixed-Use Zones.

1. Setbacks. Except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits of this Title, a detached accessory building/structure shall adhere to the following general setbacks:
a. There shall be a five-foot minimum setback between an accessory building/structure and a primary building, measured at the closest distance between the wall or post of structures.
b. When located wholly in the front one-half of the lot, a detached accessory building/structure shall follow the setbacks for the primary building, as prescribed by the zone.
77 c. Except for through lots as described in Section 17.24.210, when located wholly in the rear one-half of the lot:
i. A detached accessory building with 450 square feet or less floor area may encroach into the interior-side yard and/or rear yard setback of the zone up to a property line. One accessory building may encroach into required setbacks on lots 6,000 square feet or smaller, and two buildings may encroach on lots over 6,000 square feet, if they are separated a minimum of 10 feet
ii. A detached accessory building with over 450 square feet of floor area shall conform to the setbacks of the underlying zone.
iii. A detached accessory structure shall adhere to the setbacks of the zone for the primary building, except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits. d. When portions of the detached accessory building/structure are located in both the front and rear half of the lot, respective portions of both Subsection (C)(1)(a) and (b) of this section shall apply. e. A detached accessory building/structure shall not be located within five feet of any alley.
f. On a Corner Lot or a Reverse Corner Lot.
78 i. Exterior Side Setback. The exterior side setback for a detached accessory building/structure shall be the required or existing front yard setback on the adjacent key lot, whichever is less restrictive. The required or existing front yard setback may be established using any legally constructed building, attached or detached, accessory or primary.
ii. Rear Setback. Notwithstanding Subsection (C)(1)(a), (1)(b), (1)(c), (1)(d), and (1)(e)(i), above, the rear setback for a detached accessory building/structure shall be five feet when the accessory building is adjacent to the front two-thirds of the adjacent key lot.

Figure 17.24.040B
79 iii. Detached garages may encroach into the front yard setback as provided for attached garages in Section 17.32.050(E), Garage Encroachment into the Front Setback, of this Title.

2. Height Limit for Detached Accessory Structures. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory structures shall be as follows:
a. Front Half of the Lot. Detached accessory structures in the front half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot. Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110).

3. Height Limits for Detached Accessory Buildings. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one-half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section

17.16.100) or Cultural Heritage Permit {Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter 17.16; and
ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one-half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.

D. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Nonresidential Zones and on Nonresidential and Mixed-Use Lots in Mixed-Use Zones.

1. Setbacks. Detached accessory buildings/structures shall meet all of the setback requirements for primary buildings, except as modified by Table

17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the property line.

2. Height Limits. Detached accessory buildings/structures shall have the same height as the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. 80 3. Setback From the Primary Building. A detached accessory building/structure shall be a minimum of five feet from the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the primary building.

Section 2 Section 17.68.020-17.68.050 is amended to read in its entirety as follows:

17.68.020 Applicability.

A. Applicability of Standards.

1. New Development. The standards in this chapter apply to all nonresidential, mixed-use, and residential development proposed after the effective date of this title, March 21, 1996, with the exception of those projects exempted from this title in accordance with Section 17.04.030(C), Exempt Projects.

2. Existing Development. All development existing prior to the effective date of this title, March 21, 1996, shall comply with the maintenance requirements in Section 17.68.060, Maintenance Requirements. Existing development shall comply with the standards in Section 17.68.040, General Landscaping Requirements, and Section 17.68.050, Landscaping Requirements for Specific Zones, in the following manner:
a. Existing Development Requiring Zoning Administrator, Planning Commission or City Council Review. Existing development which requests improvements or a change of use through a discretionary process shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and

17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

Through the discretionary review process, compliance or partial compliance may be required by the City when the improvements or change of use are significant enough to warrant landscape improvements. b. Existing Development Requiring Administrative Review. Existing development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.
c. Other Existing Development. Other development which requests improvements or a change of required landscaping areas shall be reviewed for compliance with the standards contained in Sections

17.68.040, General landscaping requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

B. Requirements for Landscape Plans. Preliminary and comprehensive landscape plans are required for specific types of projects receiving discretionary and ministerial review. Please refer to the Planning Division's Guidelines and Specifications for Landscape Development to determine which type of landscape 81 plan is required for a discretionary and ministerial project, and for submittal requirements. While the standards contained in this chapter pertain only to landscaping on private property, the City also has requirements for landscaping in the public right-of-way and water efficiency regulations for public property. The Planning Division and the City's Beaches, Parks and Recreation Department should be consulted regarding landscaping and water efficiency standards for the public right-of-way and public property. Landscape plans must include the public rights-of-way, as well as private property.

17.68.040 General landscaping requirements.

This section contains general landscaping requirements for all new development and improvements to existing development warranting landscape improvements, as determined through the City's review process. The requirements contained in this chapter are for landscaping on private property while water efficiency standards in this section apply to both private and public property. The Planning Division and the Beaches, Parks and Recreation Department should be consulted for general landscape requirements for public property.

The following are general landscaping requirements for new development and improvements to existing development warranting landscape improvements:

A. Living Plant Materials. Landscaping shall consist primarily of drought tolerant living plant material. In required landscaped areas, living plant material shall be permanently maintained and California Native plant species shall be planted in at least 75 percent of required landscaped areas. Up to 25 percent of required landscaped areas may be covered with natural grass or non-drought tolerant, non-native plant material.

B. Landscaping on Private Property. Only landscaping on private property shall count toward the landscaping requirements of this chapter. Landscaping for parking areas and signs, provided in accordance with Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, shall count toward the landscaping requirements of this chapter.

C. Artificial Turf and Permeable Paving. Artificial turf and permeable paving are allowed in areas currently covered with natural grass, and in areas where living plant material is not required. Any existing non-living plant material can be replaced in-kind with other non-living plant material, including artificial turf or pavers.

D. Interference from Landscaping. Trees and shrubs planted on private property shall be planted so that at maturity they do not interfere with service lines, traffic safety visibility area and basic property rights of adjacent property owners.

E. Physical Damage from Landscaping. Trees planted (on private property) near public bicycle trails or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements. Root control barriers shall be utilized. 82 F. Irrigation Systems. All landscaping for nonresidential, mixed-use, and multifamily residential projects shall have automatic irrigation systems. Duplexes and single-family residential projects need not have automatic irrigation systems, but shall have a permanent means of irrigating landscaping. Low precipitation and drip-type systems are encouraged.

G. State Model Water Ordinance. The State Model Water Efficiency Landscape Ordinance (MWELO), in accordance with provisions established in present-day State Assembly Bill, shall apply to all new and rehabilitated public and private projects, as specified in the City of San Clemente guidelines and specifications for WELO compliance.

H. Utilities. Utilities may occur within required landscaped areas, but only if underground utilities will not preclude appropriate planting of trees, and the utility facilities are screened from public view.

I. More Restrictive Provision Shall Apply. Should any provision of this chapter conflict with any other provisions of this title or any adopted specific or Master Plans, the more restrictive requirements shall apply.

17.68.050 Landscaping requirements for specific zones.

This section contains specific landscaping requirements, by zone, for new development and improvements to existing development warranting landscape improvements, as determined through the discretionary review process. Additional landscaping requirements may be found in Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, for landscaping standards for off-street parking areas and signs.

A. Residential Zones.

1. Residential Uses. All residential uses shall comply with the following standards:
a. Minimum landscaping for front yard setback areas for single-family development. 50 percent of the front yard setback area shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance
Requirements, of this chapter. 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 planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance
Requirements, of this chapter.

Exceptions may be granted with the approval of a Minor Exception Permit, in accordance with Section 17.16.090, of this title. In addition to the general findings required for specific permits, one of the following findings shall be made prior to the approval of a Minor Exception Permit:
83 i. The project incorporates a driveway design that aesthetically improves the property beyond the required landscaping
requirements of the Zoning Ordinance; or
ii. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.
b. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted in the front yard setback area; and
c. Minimum landscaping for front yard setbacks for all other residential development. All setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks and parking (including driveways and required parking spaces), shall have a surface that remains permeable and is to be planted and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Figure 17.68.050
Minimum landscaping for front yard setbacks for all other residential development.
84 d. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
e. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

2. Nonresidential Uses. Please refer to the landscaping standards for nonresidential uses in nonresidential zones, below. A minimum of 10 percent of the gross lot area shall be provided in landscaping; however, more may be required through the discretionary review process to ensure compatibility of the use with nearby residential development. 85 3. Exceptions. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section.

B. All Nonresidential Zones

1. Commercial Zones. All uses in commercial zones shall comply with the following standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b. The following minimum amount of landscaping shall be provided for an individual development site:

Table 17.68.050
Landscaping as a Percent of Gross Lot Area
Standard NC 1.1, NC

1.2, NC 1.3,
NC 2, NC 3
CC 1, CC 2 CC 3 CC 4
Minimum
landscaping, as
percent of gross lot
area
10% 15% 20% 25%
c. For landscaping requirements for parking areas or lots, refer to Section

17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
d. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

2. Mixed-Use Zones, except MU5.

Development in the MU 1, MU2, MU3.0, MU3.1, MU3.2, and MU3.3 zones (MU zones except MU 5) shall comply with the following landscaping standards:
a. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b. Urban Open Area Requirement. Landscaping requirements have been combined with open area requirements for this zone to allow the creation of urban open areas, such as courtyards, pedestrian walkways, outdoor seating areas and pedestrian walkways, accentuated with landscaping.

The following are urban open area requirements for developments:
86 Standard All Lots
Total Urban Open Area (as percent of net lot area)
If provided on street level 20%
If provided on multiple levels, including on upper level balconies, decks, and roofs with permanently affixed
planter boxes
30%
Percentage of Urban Open Area to be provided in
Landscaping
25%
Exceptions to these requirements may be granted through the approval of a Minor Exception Permit in accordance with Section

17.40.050(C), Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller of this title.
c. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site.
d. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

3. MU 5 Zones.
a. Residential uses in MU 5 shall comply with the landscaping standards for residential uses found in subsection A.1, Residential Uses, of this section. b. Nonresidential uses in MU 5 shall provide a minimum landscaping requirement of 10% of the gross lot area.

4. Exceptions
a. All nonresidential zones, as stated in Subsection B, may utilize landscaping (i.e., vines, wall planters, etc.) if site constraints prevent minimum standard compliance. Vertical planting area is calculated as wall surface area covered with plant material based on expected plant size at maturity, with vine specimens being expected to cover ten square feet even if smaller at the time of planting. b. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section. 87 Section 3 Section 17.36.020 is amended to read in its entirety is follows:

17.36.020 Commercial Use Regulations.

A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table

17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section

17.16.060, Conditional Use Permits, of this title.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B. Prohibited Uses. The following uses are prohibited:

1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC" or "C"; and

2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or conditionally-permitted uses.

3. Uses where a blank cell appears in Table 17.36.020.

4. As indicated in Table 17.36.020, the following uses are not permitted in any commercial zone:
a. Marijuana Cultivation.
b. Marijuana Manufacturing.
c. Marijuana Testing Laboratory.
d. Marijuana Delivery.
e. Marijuana Dispensary.

5. The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any commercial zone to the fullest extent allowed by state law.

Table 17.36.020
Commercial Zone Uses
88 Use Zones

1. Commercial NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Antiques (Retail Sales) P P P P P P P P P
Art Galleries P P P P P P P P P
Bakery Goods/Sales
(No Wholesale
Distributors)

P P P P P P P P P
Barber Shops P P P P P P P P P
Bicycle Shops P P P P P P P P P
Bookstores P P P P P P P P P
Carpet Sales MC P P P P P P P P 26
Ceramics (Retail
Sales)
MC P P P P P P P P 26
Cleaners and
Laundromats (No
Linen Service)

P P P P P P P P P
Clothing (Retail Sales) P P P P P P P P P
Confectionery Stores
(Small Scale
Production with Retail
Sales)

P P P P P P P P P
Convenience Stores C C C C C C C C C 1
Dancing and/or
entertainment that has:
a. No amplified sound. MC MC MC MC MC MC MC MC MC
b. Amplified sound. C C C C C C C C C
Drugstores/Pharmacies P P P P P P P P P
Electronics (Retail
Sales and Repair)

P P P P P P P P P
Fabric Stores P P P P P P P P P
Florists (Retail Sales) P P P P P P P P P
Floor Covering Stores MC P P P P P P P P 26
Furniture Stores (Retail
Sales)
MC P P P P P P P P 26
Glass/Mirror Sales MC P P P P P P P P 26
Grocery/Food Stores
(Not Convenience
Stores)

P P P P P P P P P
Gunsmith/Gun Shops C C C C C C C
Hardware Stores P P P P P P P P P
Home Appliance
Stores (Retail Sales
and Repair)
MC P P P P P P P P 26
89 Ice Cream Parlors
(Retail Sales with
Small Production)

P P P P P P P P P
Interior Decorating
Stores
MC P P P P P P P P 26
Janitorial Supplies P P P P P P P
Jewelry Stores P P P P P P P P P
Lawnmower
Sales/Service
MC P P P P P P P P 26
Liquor Sales for On-
Site Consumption:
a. Hard alcohol C C C C C C C C C
b. Beer and wine
indoors with active
food service

P P P P P P P P P
c. Beer and Wine in
outdoor dining areas
with active food service

MC MC MC MC MC MC MC MC MC
d. Beer and Wine
without active food
service

MC MC MC MC MC MC MC MC MC
Locksmith Shops MC MC P P P P P P P
Mail-Order Stores MC MC P P P P P P P
Marijuana Cultivation
Marijuana Delivery
Marijuana Dispensary
Marijuana
Manufacturer
Marijuana Testing
Laboratory
Medical/X-Ray
Equipment (Sales
Only)

P P P P P P P
Music Sales P P P P P P P P P
Newsstands (On
Private Property)

P P P P P P P P P
Nurseries (Indoor
Garden Retail Sales)
MC P P P P P P P P 26
Nurseries (Outdoor
Garden Retail Sales)

C C C C C C C C
Office
Equipment/Supplies
C P P P P P P P P 26
Paint/Wallpaper Sales MC P P P P P P P P 26
Patio/Outdoor Furniture
Sales
MC P P P P P P P P 26
90 Pawn Shops C C C C C C C
Pet Shops MC MC MC MC MC MC MC MC MC
Pet Supply Stores MC P P P P P P P P 26
Photographic
Equipment Sales
MC P P P P P P P P 26
Pottery (Retail Sales
with Small Production)
MC P P P P P P P P 26
Shoe Stores (Retail
Sales and Repair)

P P P P P P P P P
Smoke or Tobacco
Shops
C C C C C 1
Specialty Food Stores P P P P P P P P P
Sporting Goods (Retail
Sales)
MC P P P P P P P P 26
Stationery Stores P P P P P P P P P
Surfboard (Custom
Manufacturing)

C C C C C C C
Swimming Pool
Accessory Shops
MC P P P P P P P P 26
Tailors/Dressmakers P P P P P P P P P
Use Zones

2. Hospital
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Ambulance
Services

C C C C
Accessory Uses
to Hospital (e.g.
laboratories,
medical offices,
florists, and
parking lots).

P 2
Hospital C
Specialty
Hospital
C
Use Zones

3. Lodging NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Bed and
Breakfast Inns:
3 91
a. Five or
Fewer Guest
Rooms

P P P P P P P P
b. Six to 10
Guest Rooms

MC MC MC MC MC MC MC MC
c. Over 10
Guest Rooms

C C C C C C C C
Hotel and
Ancillary Uses

C C C C C C C C
Motels C C C C C C C C
Timeshares C C C C C C C C
Use Zones

4. Personal
Services
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Barber, beauty,
nail, and
tanning services

P P P P P P P P P
Body Art
Establishments
1 Body Piercing
Studios
P P P P P P P P P 1
Tattoo Parlors P P P P P P P P P 1
Use Zones

5. Professional
Offices,
Financial
Institutions and
Related Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Ambulance
Services (Office
Only)

P P P P P P P P P
Banks/Financial
Institutions

P P P P P P P P P
Banks/Financial
Institutions with
Drive-Through
Facilities

C C C C C P P P P
92 Newspaper
Publication and
Office

P P P P P P P P
Employment
Agencies

P P P P P P P P
Offices, Medical P P P P P P P P P
Offices,
Professional

P P P P P P P P P
Offices,
Veterinary/Animal
Hospitals
MC P P P P P P P P 26
Secretarial
Services

P P P P P P P P P
Telemarketing
Services

P P P P P P P P
Travel Agencies MC P P P P P P P P 26
Use Zones

6. Public/Quasi
Public and
Institutional
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Churches C C C C C C C C C
Clubs/Social
Organizations

C C C C C C C C C
Congregate
Care Facilities
C C C C C C C C 4
Convalescent
Homes

C C C C C C C C
Day Care
Facilities:
5 a. SmallFamily Day
Care Home
P P P P P P P P P 6
b. LargeFamily Day
Care Home
P P P P P P P P P 6
c. Day Care
Centers

C C C C C C C C C
Group
Instruction

MC MC MC MC MC MC MC MC MC
Group
Counseling
C C 7
93 Libraries P P P P P P P P P
Parking Lots MC MC MC MC MC MC MC MC MC 8
Parking
Structures

C C C C C C C C C
Parks O O O O O O O O O 9
Public Utilities: 10
a. City-Initiated
Projects

O O O O O O O O O O
b. Projects
Initiated by
Outside
Agencies:
i. Major
Utilities

C C C C C C C C C C
ii. Minor
Utilities

P P P P P P P P P P
Schools, Public
and Private

C C C C C C C C C
Transportation
Facilities

C C C C C C C
Use Zones

7. Residential
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Qualified
Affordable
Housing
Development
Projects
P P P P P P 11,
25 Senior Housing
Projects
P P P P C P C P 11,
12,
25 Use Zones

8. Restaurants
and bars
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Bars, cocktail
lounges (with or
without dancing
and/or
entertainment)

C C C C C C C C C
94 Microbreweries
(with limited
production up to
5,000 barrels
and tasting
room) as
defined in
Section 17.88

C C C C C C C C C
Taprooms as
defined
in Section 17.88

C C C C C C C C C
Restaurants
without a drivethrough

P P P P P P P P P
Restaurants
with drivethrough
C C C C C C C C 13
Use Zones

9. Unclassified
Uses
NC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Accessory Buildings C C C C C C C C C C
Alcohol Beverage
Sales Concurrent
with Motor Vehicle
Fuel-Convenience
Store Sales
C C C C C C C C C 14
Amusement Centers C MC MC MC MC MC MC MC MC 15
Animal Grooming
Shops
MC P P P P P P P P 26
Bowling Alley C MC MC MC MC MC MC MC MC
Drive-Thru Facilities,
When in Conjunction
with a Use Permitted
or Conditionally
Permitted in this
Zone

C C C C C C C
Grading, Not
Accompanying a
Development
Request:
16 a. Emergency P P P P P P P P P P
b. Major C C C C C C C C C C
95 c. Minor P P P P P P P P P P
Health/Fitness/Sports
Clubs and Facilities

C C C C C C C C C
Massage C C C C C C C 17
Accessory Massage MC MC MC MC MC MC MC MC MC 17
Mortuaries C C C C C C C
Pool Halls C C MC MC MC MC MC MC MC 18
Recycling Facilities: 19
a. Reverse Vending
Machines

P P P P P P P P P
b. Small Collection C P P P P P P P P 26
c. Large Collection C C C C C C C
Theaters C C MC MC MC MC MC MC MC
Urban Private
Storage
Wine Tasting (Only
as an Accessory Use
to establishments
selling wine or wine
related products as a
primary use)

MC MC MC MC MC MC MC MC MC
Use Zones

10. VehicleRelated UsesNC

1.1 NC

1.2 NC

1.3 NC
2 NC
3 CC
1 CC
2 CC
3 CC
4 RMF
1 NOTE
Car Washes C C C C C C C 24
Service Stations C C C C C C C C C 22
Vehicle Parts
Stores

P P P P P P P
Vehicle
Dealerships
C C C C C C C 23
Vehicle Sales
[fewer than 10
vehicles on site]
MC MC MC MC MC MC MC 23
Vehicle Sales
[10 or more
vehicles on site]
C C C C C C C 23
Vehicle Rental
[5 or fewer
vehicles on site]
P P P P P P P 23
96 Vehicle Rental
[6 or more
vehicles on site]
MC MC MC MC MC MC 23
Vehicle Service
and RepairRelated
Facilities/Vehicle
Repair, Minor or
Major
C C C C C C C 24
Footnotes:

1. Refer to Chapter 17.28, Special Uses, of this title for special provisions for the referenced land use.

2. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.

3. Refer to Section 17.28.090, Bed and Breakfast Inns, of this title, for special provisions for bed and breakfast inns.

4. Refer to Section 17.28.110, Congregate Care Facilities of this title for special provisions for congregate care facilities.

5. Refer to Section 17.28.100, Child Day Care Facilities, this title, for special provisions for day care facilities.

6. Small-family and large-family day care homes are permitted in a detached singlefamily dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Smallfamily and large-family day care homes only shall operate in buildings that were lawfully constructed.

7. A group-counseling use is conditionally permitted in an RMF 1 zone only if it is integrated into, and secondary in nature to, a Hospital facility. The group-counseling use must serve the primary use of the site as a general Hospital that serves the broader community.

8. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for parking lots.

9. Refer to Section 17.28.230, Public Park Facilities, of this title for review requirements for parks.

10. Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.

11. Qualified Affordable Housing Developments and Senior Housing Projects are permitted uses in the subject zoning district only if the property is located within the Housing Overlay. Refer to Section 17.56.090, Housing Overlay, for projects in Commercial Zones of this title, for special provisions. 97 12. Refer to Section 17.28.280, Senior Housing Projects, of this title, for special provisions for senior housing projects.

13. Refer to Section 17.28.260, Restaurants, Drive-In, Drive-Through, of this title, for special provisions for drive-in/drive-thru restaurants.

14. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages.

15. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers.

16. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.

17. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code.

Refer to Section 17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.

18. The provisions for amusement centers shall apply to poolhalls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers.

19. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.

20. Refer to Section 17.28.290, Service Stations, of this title, for special provisions.

21. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

22. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

23. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

24. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

25. Qualified Affordable Housing Developments, Senior Housing, and Market Rate Residential projects seal not be allowed to convert existing hotel/motel uses which have provided lower cost visitor serving accommodation in the last five years, unless the project provides equivalent new lower cost visitor serving accommodation or unless required to be approved pursuant to State law.

26. Subject uses proposed on NC1.2 zoned properties adjacent to Residential Zones require a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.
98 Section 4 Section 17.24.180 is amended to read in its entirety as follows:

17.24.180 Retaining Walls.

A. Purpose and Intent. In a community with sloping topography, retaining walls are often necessary to create developable or usable areas. The purpose and intent of this section is to establish standards that allow for retaining walls, while limiting their visual and traffic impacts. The purpose of a stricter height limit in the front yard is to provide for an open street scene, to allow the primary structures on a street to be visible and to contribute to the visual character of the neighborhood, and to allow for unobstructed views of traffic to and from driveways. The standards are also meant to minimize the height of retaining walls and their impacts upon adjacent structures.

B. Standards for Retaining Walls in All Zones.

1. Construction and Maintenance. Retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

2. Measuring Height. The height of retaining walls shall be measured from the lower side of finished grade to the top of the retaining wall.

3. Landscaping. There shall be a minimum of a two-foot-deep area at the base of retaining walls in the following areas that shall be planted consistent with landscape standards in Section 17.68.040:
a. Front Yard Setbacks.
b. Street-Side Yard Setbacks.
c. Within Inland Canyon (IC) Overlays or Coastal Canyon Setbacks. d. Within 10 feet from Open Space zones or open-space easements.

C. Standards for Retaining Walls in Nonresidential Zones. The height limit, design, materials, stepping, and other retaining wall features of retaining walls are reviewed and approved through an architectural review process with the required approval of a Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section

17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

D. Standards for Retaining Walls in Residential Zones. Unless otherwise provided for in the applicable zones, the following standards shall apply to retaining walls and to all structural elements supporting the retaining walls, including pilasters, trellises, etc. In addition to the regulations set forth in this section, all retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons, or property.

1. Height Limits. The maximum height limits for residential retaining walls are shown in Table 17.24.180, Height Limits for Residential Retaining Walls, below.
99 Table 17.24.180
Height Limits for Residential Retaining Walls
Area of Lot Maximum Height Limit
Front Yard
Setback
Area
3 ft. 6 in.

Interior Side
Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Street-Side
Yard
Setback
Area
Reverse corner lot 3 ft. 6 in. Corner lot: Within 5 ft. of street-side property line: 3 ft. 6 in. Remaining width of the street side yard: 6 ft.

Rear Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Other Areas
of Lot
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

2. Stepping of Retaining Walls. A number of retaining walls (stepping) may be constructed to substitute for one tall retaining wall if both of the following occur:
a. The height of each retaining wall must comply with the height limits of Table 17.24.180, Height Limits for Retaining Walls, above; and b. The minimum distance between any two retaining walls shall be equal to or greater than the height of the taller of the two retaining walls. The distance between the two walls shall be measured as the horizontal separation between the two closest wall faces: the back face of the downslope retaining wall and the front face of the up slope retaining wall. The distance between stepped walls inthe-bank-garages may be reduced with the approval a minor exception permit as described in Section 17.16.090, Minor Exception Permits.

3. Distance Between Retaining Walls and Other Walls, Fences, or Similar Structures. The minimum distance between a retaining wall and any other wall, fence, or similar structure shall be equal to or greater than the height of the taller of the two structures, measured from the back face of the retaining wall and the front face of the adjacent structure.
100
Figure 17.24.180

4. Guardrail Requirements.
a. Guardrail Height. The height of guardrails constructed on top of retaining walls 30 inches or more in height shall be no higher than the minimum height required by the Building Code. The height is measured from the top of the retaining wall to the top of the guardrail.
b. Materials for Guardrails. Guardrails shall be designed and constructed of materials that limit visual impacts. Unless the City Planner finds it is unnecessary to limit visual impacts, any structure serving as a required guardrail and located in a front yard setback, rear yard setback (on through lots), street side yard setback (within five feet of street side property line), or in other instances where retaining walls are in a location or have a height that will have significant visual impacts, shall be designed or constructed of materials that are mostly open or transparent. Guardrails are "mostly open" when they are constructed of materials that may include, but are not limited to glass or have metal or wood pickets. The City Planner determines if the design and materials of guardrails will adequately limit visual impacts. The City Planner's decision may be appealed per Chapter 17.12.140.
c. Guardrails with Pilasters. When incorporated into guardrails required by the Building Code, pilasters shall be allowed above retaining walls as follows:
i. The maximum height of pilasters shall not exceed 42 inches as measured from the top of the retaining wall to the top of pilasters. In the case where swimming pools are proposed, the height of the 101
pilasters shall be no higher than the minimum height required by the Swimming Pool Code.
ii. The minimum centerline distance between pilasters shall not be less than six feet when the pilaster is part of the required guardrail and not less than four feet when the pilaster is part of the required hand rail for stairways.

5. Exceptions.
a. The following exceptions are allowed with the approval of a Minor Exception Permit per Section 17.16.090, of this title.
i. An increase in the permitted height of retaining walls up to a maximum height of six feet for walls located in front yards, rear yards (on through lots), or located within five feet of street-side yard property lines.
ii. An increase in the permitted height of a retaining wall up to a maximum height of eight feet, six inches for walls not located in front yards, rear yards (on through lots), or street-side yards. b. Required Findings. In addition to the general findings required in Section

17.16.090(F), all of the following findings shall be made prior to the approval of a Minor Exception Permit to exceed the standards for retaining walls:
i. The height of the retaining wall will not be unsightly or incompatible with the character of or uses in the neighborhood;
ii. The height of the retaining wall will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveway;
iii. The additional height is necessary, given topographical constraints.

Section 5 Section 17.84.030 is amended to read in its entirety as follows:

17.84.030 Specific Regulations by Sign Type.

A. Purpose and Intent. The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the Sign Permits required.

B. General Notes. The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

1. Signs that require Administrative or Discretionary Sign Permits are indicated in the following matrix. Other sign characteristics besides those indicated in the following matrix may also require administrative or discretionary review. 102

2. Signs may be governed by other sections of this code and those sections shall also apply. If there is a conflict in regulations, the most restrictive shall apply.

3. Change of copy to an existing sign that is identical in sign area, sign size, sign type, location and materials requires an Administrative Sign Permit.

4. Any change to an existing sign other than a change of copy as defined above requires compliance with the provisions of this chapter. For removal of signs, refer to Section 17.84.020(H), Removal of Signs, of this chapter.

5. All temporary signs are prohibited in the public right-of-way unless otherwise authorized by this chapter.

6. All signs listed, unless exempt from both Administrative and Discretionary Sign Permits, will count towards the total allowable sign area.

7. For Master Sign Programs, see Section 17.84.020(G), Master Sign Program, of this chapter.

8. For size of signs, see Section 17.84.020(D), Sign Area Allowed, of this chapter.

9. For height of signs, see Section 17.84.020(E), Computation for Sign Height, of this chapter.

10. For signs overhanging the public right-of-way, see Section 17.84.030(E), Permanent Signs Encroaching into Public Right-of-Way, of this chapter.

11. For sign exceptions, see Section 17.16.260, Sign Exception Permits, of this title.

12. Fascia signs cannot extend more than 18 inches above the lower edge of a sloping roof.

13. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any public street or right-ofway or public property in the City.

14. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any private property in the City without the written consent of the owner, lessee or other person lawfully in possession of the property.

15. Except as expressly permitted or authorized in this chapter, all other signs are prohibited within the City.

16. Any non-commercial message may be substituted for the copy on any commercial sign that is allowed under the municipal code. 103
Table 17.84.030A
Matrix of Sign Types
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
These are
special
considerations
required for the
specific type of
sign proposed.

Address Signs 2 per unit 4 sq. ft. — None Character
Height Max:

Res: 8 in. NonRes: 1 ft.

Ancillary
Service Signs
5 per
business
2 sq. ft. per
sign
— None Ancillary service
signs must be
affixed to
building, wall,
window.

Animated
Signs
Prohibited
Arcade Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.
— Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
— Adm. Sign
Permit, and
Discretionary
Sign Permit
ATM Signs 2 5 sq. ft. per
ATM
— Adm. Sign
Permit, in
conjunction
with Building
Permit
Signs permitted
on ATM
machine only
and may be
lighted.
104
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Awning signs — 64 sq. ft.
outside and
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Adm. Sign
Permit, and
Discretionary
Sign Permit
Balloon Signs Prohibited
Temporary
Banner Signs
One per
business
64 sq. ft. — Adm. Sign
Permit
See Section

17.84.030(H)
for criteria
Bed and
Breakfast
Signs: Within
a Residential
Zone
Refer to Section 17.28.090, Bed and Breakfast Inns, of this title Bed and
Breakfast
Signs: Outside
a Residential
Zone
Refer to specific sign type proposed
Blade Signs One (1) per
tenant street
and
pedestrian
way frontage;
no more than
two (2) per
tenant (See
Section

17.84.030(G))
Six (6)
square feet
Fifteen (15)
feet from
ground to the
top of sign
Adm. Sign
Permit
See Section

17.84.030(G)
for Criteria
105
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Blinking,
Flashing Signs
Prohibited
Business
Directory
Signs
1 freestanding
sign per
street
frontage
Freestanding
sign: 24 sq. ft
6 ft. Adm. Sign
Permit, and
Discretionary
Sign Permits
for wall
mounted
business
directory
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
Nameplates
indicating only
the tenant and
suite are
exempt from
these
requirements.

Residential
directory signs
are exempt
from this
requirement.
1 wall sign
per public
entrance into
building
Wall sign: 64
sq. ft.
—
Canopy Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
— Adm. Sign
Permit, and
Discretionary
Sign Permit
Commercial
Mascot Signs
Prohibited
Construction
Signs
1 per street
frontage
12 sq. ft.
within a
residential
4 ft. within
a
residential
None Signage may
only be
displayed when
106
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
zone
24 sq. ft.
within a
nonreside
ntial zone
zone
6 ft. within
a
nonresidential zone
building
permits are
active for the
construction
project.

Directional
Signs
— — — None Cannot contain
advertising.

Drive-Up
Menu Board
Signs for
Drive-Up Food
Service
2 per site 32 sq. ft. 6 feet Adm. Sign
Permit Menu
board signs
require a
Conditional
Use Permit
Menu board
and speakers
shall be
oriented away
from residential
uses and from
public right-ofway.

Fascia Signs — 64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Flags 3 per site or
building
40 sq. ft. per
flag
Flag pole
may not
exceed the
height of the
zone in which
it is located
None Flag pole may
require a
Building Permit.

Flag Signs 1 per site or
building
40 sq. ft. per
flag sign
Flag pole
may not
exceed the
height of the
zone in which
it is located
Adm. Sign
Permit
May only be
authorized
temporarily in
association with
an approved
temporary use
permit or
special event
Freestanding
Signs
Refer to specific sign type
107
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
FreewayOriented Signs Prohibited (regardless of size or height) FreewayVisible Sign As
determined
through the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Discretionary
Sign Permit,
and
Administrative
Sign Permit
A Discretionary
Sign Permit is
required to
ensure that the
Freeway-Visible
Sign does not
become a
FreewayOriented Sign.

Garage Sale
Signs
1 per site 4 sq. ft. — None Must be posted
on site and
removed no
later than the
day after the
sale. No off-site
signs allowed.

Grand
Opening Signs
1 per site 4 sq. ft. — Adm. Sign
Permit
Will not count
toward banner
allowance
during calendar
year.

May be
displayed for a
maximum of 30
days.

The application
for a Temp.

Banner Permit
must
accompany a
new business
license
application or
new certificate
of occupancy.

Hand Held
Signs
Prohibited
Marquee
Signs
1 per building
frontage
64 sq. ft. The sign
shall not
exceed the
Adm. Sign
Permit, and
Discretionary
Marquee signs
may be allowed
for uses such
108
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
height of the
building upon
which the
sign is
located.

Sign Permit
for marquee
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
as
entertainment,
churches,
temples or other
similar uses that
require
interchangeable
copy.

Model Home
Complex
Signs
Determined
through the
Conditional
Use Permit
process for
model home
complex,
maximum 3
flags per
model
Determined
through the
Conditional
Use Permit
process
15 ft. for flag
signs
Adm. Sign
Permit
Signs must be
removed upon
buildout of
subdivision.

Signs for model
home complex
shall also
require a
Conditional Use
Permit.

Monument
Signs
1 monument
sign per
street
frontage. 1
additional
sign for sites
with more
than 150 ft. of
street
frontage
64 sq. ft. 10 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
for monument
signs which
are: over 6
feet in height
up to 10 feet,
over 24 sq. ft.
(per face) for
a singletenant
monument
sign, over 32
sq. ft. (per
face) for a
multi-tenant
monument
sign
Only 1 sign face
of a monument
sign shall count
towards overall
sign allowance
for site.

Moving,
Revolving
Signs
Prohibited
109
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Mural Maximum of
one mural per
legal parcel,
or one mural
per building,
whichever is
more
restrictive.

Mural area is
not to exceed
a single wall
plane.

Shall not
exceed the
maximum
height of the
zone or
exceed the
height of the
structure on
which it is
applied,
whichever is
more
restrictive
Mural Permit Materials or
paint shall be
weatherproof or
resistant to
wear.

May only be
permitted in
non-residential
zones.

Shall not
include
integrated
illumination,
electrical, or
moving
components but
may be
illuminated by
non-integrated
light.

Permit expires
two years from
issuance, at
which time, a
new permit may
be obtained or
the mural
removed.

The mural shall
be properly
maintained
through repair,
paint. or any
necessary
treatment, so as
to prevent
decay.

Defective or
insufficient
weather
protection for
exterior
110
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
treatments and
facades,
including faded
paint or
materials and
graffiti, shall be
promptly
addressed, and
repaired or
stabilized to
prevent further
deterioration.

Noise Making
or Audible
Signs, Except
for Drive-Up
Menu Boards
Prohibited
Nonpermanent
Vehicle Signs,
Including
Semitrailers
Prohibited
Off-Site Signs Prohibited
Open House
Signs
1 sign on site
plus 5 off-site
directional
signs.

Maximum of
1 sign per
intersection
directing
traffic in same
direction
4 sq. ft. 4 ft. None Open house
sign shall be
allowed only
while the open
house is in
progress,
cannot remain
over night,
cannot be
affixed to any
public above
ground
structure (such
as utility poles)
cannot be
placed in the
public right-ofway and cannot
interfere with
traffic.
111
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Permanent
Mounted
Vehicle Signs
1 per side, 2
sides
maximum
64 sq. ft. — None Sign must be
painted on the
vehicle and the
vehicle must be
licensed and
operable.

Project
Identification
Signs
Project
Identification
signs shall be
reviewed
through a
Discretionary
Sign Permit
process.

Residential
Permanent
Subdivision/
Apartment
Complex
(5 or more
units)/
Mobile home
park Signs
2 per
entrance from
public rightof-way
24 sq. ft. 6 ft. Adm. Sign
Permit
NonResidential 2 per
entrance from
public rightof-way
64 sq. ft. 6 ft. Adm. Sign
Permit
Pole Signs 1 per site 64 sq. ft. 15 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
Portable Signs Maximum of
1 sign per
business, and
a maximum 2
signs per
building for
multi-tenant
buildings
6 sq. ft. per
side, 2 sides
maximum
4 ft. for
portable
signs not
flush against
building. 6 ft.
for portable
signs flush
against the
building
Adm. Sign
Permit
Refer to
portable sign
Section

17.84.030(D),
Portable Signs.

Sign cannot
encroach into
public right-ofway.
112
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Projecting
Signs
1 per
business
64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Cannot project
more than 2 ft.
from wall to
which it is
affixed.

Real Estate
Signs:

Other than
Open
House Signs
1 per
building or
site
24 sq. ft. if
within a
commercial zone.
12 sq. ft. if
within a
residential
zone
Freestanding
sign: 6
feet
None Cannot be
lighted; must
be located onsite; sign
area of the real
estate
sign shall not
count
towards total
sign area
permitted for
the site.

Signage may
only be
displayed when
real
estate is
actively on
market for sale,
lease, or
rent.

Recycling
Facility Signs
Refer to Section 17.28.250, Recycling Facilities, of this title.

Roof-Mounted
Signs
Prohibited
Security Signs 1 per unit 2 sq. ft. — None
Service
Station Signs
Canopy sign:
2 signs
maximum
and 1 sign
24 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
Price signs
regulated by
State.
113
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
maximum per
elevation
Spanner sign:
1 per pump
island (may
be 2-sided)
24 sq. ft. —
Monument
sign: 1 per lot
frontage
32 sq. ft. 6 ft.

Pole sign: 1
per site
32 sq. ft. 15 ft.

Shingle Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Discretionary
Sign Permit
Snipe Signs Prohibited
Special Event
Signs
— — — Adm. Sign
Permit
Shall not be
installed 30
days prior to the
event, and shall
be removed
within 2 days
after event.

Cannot create a
traffic hazard.

Umbrella Sign — — 1′ copy Adm. Sign
Permit
Umbrellas shall
be made of fireretardant
material.
114
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
Copy area shall
not count
towards overall
sign area for
business and
site.

Wall Sign — 64 sq. ft. — Administrative
Sign Permit
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Wall signs must
be permanently
affixed to the
building.

Wind Driven
Signs
Prohibited
Window Sign
Under 25% of
Individual
Window
— Less than
25% of
individual
window
— None
Over 25% of
Individual
Window
— 64 sq. ft. — Administrative
Sign Permit
C. Portable Signs. Portable signs, excluding banner signs, shall be allowed for businesses subject to the following:

1. Design of Portable Signs.
a. The portable sign shall be hand-crafted in appearance. b. Acceptable materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. c. Portable signs cannot be lighted.
d. Portable signs shall be well maintained.
e. The sign area of a portable sign shall not count towards the total sign area permitted for business or building.

2. Location of Portable Signs.
115
a. Portable signs must be located immediately adjacent along the business storefront and in close proximity to the main public entrance of the business advertised.
b. At no time shall portable signs be placed within any landscaped area. c. The portable sign must be able to be easily carried and transported, not permanently affixed to the street, sidewalk, wall, awning, public fixtures, or other similar public improvements.
d. The portable sign may remain outside only during those hours the business is open.
e. The portable sign shall be located outside the public right-of-way. f. The portable sign cannot interfere with pedestrian or vehicular traffic or parking.
g. The portable sign cannot pose a safety threat.

D. Permanent Signs Encroaching into Public Right-of-Way. The following permanent sign types may be allowed to encroach into the public right-of-way when all of the following standards are complied with:

1. Maximum Encroachment.

Table 17.84.030B
Maximum Encroachments of Permanent
Signs into the Public Right-of-Way
Sign Type Maximum Encroachment into Public Right-of-Way Arcade 24″
Awning 48″
Canopy 48″
Shingle 24″
Fascia 12″
Marquee 12″
Projecting 24″
Wall 12″

2. The sign must be permanently affixed to the building it serves.

3. The sign shall not create a traffic hazard for pedestrians or vehicles.

4. The sign shall not extend beyond the edge of sidewalk or curb adjacent to the street.

5. The sign shall maintain a minimum of eight feet vertical clearance between the sidewalk and bottom of the sign.
116

6. The owner of the sign encroaching into the public right-of-way shall be required to enter into an agreement with the City that indemnifies the City from all liability associated with the sign that encroaches.

7. For temporary banners over the public right-of-way refer to temporary banner sign policy.

E. Temporary Signs.

1. Unpermitted Temporary Signs Found in the Right-of-Way. Any unpermitted temporary sign found to be on or over any public street or right-of-way shall promptly be removed and confiscated by the designated official of the City. If a confiscated temporary sign advertises or relates to a specific event, the City will retain it for 10 days after the event ends. If the sign does not advertise or relate to a specific event, the City will retain it for 45 days from the date of confiscation.

2. A sign's owner or the sign owner's agent may reclaim a confiscated sign by paying a storage fee to the City of $10.00 per sign. The person reclaiming the sign must sign a receipt indicating that the person is either the owner or the owner's agent. Any sign not reclaimed by the end of the applicable retention period will be destroyed.

F. Signs on Vacant or Unimproved Property. Before placing a sign on vacant or unimproved property, each of the following must be satisfied:

1. The sign owner must file with the City Clerk a written form signed by the owner, lessee, or other person lawfully in possession of the property consenting in writing to the placement of the sign and agreeing to be responsible for removal within the applicable time period; and

2. The sign must be located a minimum of three feet behind the sidewalk or, if no sidewalk exists, a minimum of eight feet behind the back of the curb or edge of the roadway; and

3. If the sign relates to a specific event, the sign must be removed within three days after the event ends; and

4. The sign must comply with all other design criteria established by this code.

G. Blade Signs. Blade signs shall be allowed for businesses in the A-O District subject to the following criteria:

1. Design of Blade Signs.
a. The blade sign shall be hand-crafted in appearance.
b. Three-dimensional blade signs are encouraged.
c. Acceptable sign materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. d. Sign supports, brackets and standards shall be made of wood and/or wrought iron. They may be painted or carved.
117
e. Blade signs shall have a maximum thickness of not more than six inches. f. Blade signs shall be well maintained.
g. The sign area of a blade sign shall not count towards the total sign area permitted for business or building providing all existing signage is in conformance with the Sign Code.
h. Blade signs meeting the design criteria of this section may be added to buildings which are subject to a Master Sign Program, per Section

17.84.020(G), and shall not require modification or amendment to such Master Sign Program, so long as the Master Sign Program has been implemented and all existing signs on the building are in accordance with that Master Sign Program.
i. Blade signs shall not be illuminated except as provided for in other discretionary processes.

2. Location of Blade Signs.
a. A total of two blade signs per tenant shall be permitted, although only one blade sign shall be permitted per tenant street frontage; the other shall be permitted per tenant frontage along a pedestrian way, arcade, paseo or courtyard, all of which must be internal to the project. b. A blade sign must provide a minimum of eight-foot clearance between the bottom of the sign and the ground.
c. A blade sign may project a maximum of four feet from the wall of a building.

H. Temporary Banner Signs. Temporary Banner Signs shall be allowed for businesses city-wide, excluding home-occupations.

1. Temporary Banner Sign Criteria.
a. Each business shall be permitted a maximum of one temporary banner sign per business at any given time.
b. The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance. c. The temporary banner sign shall be placed on-site and flush on the building. These banners are prohibited in the following locations: city rightof-way, free-standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free-hanging and all corners of the banner shall be secured to the building.
d. Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material.
e. The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy. 118
f. Each business may have up to four permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days.

Renewals of permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or inlieu of permanent signs for the business.

Section 6 The preface to Section 17.88.030 and the following definitions in Section

17.88.030 are hereby amended as follows, with strike-through text representing deletions, and underline text representing additions, and the remaining portions of Section 17.88.030 remaining unaltered:

17.88.030 Definitions.

In cases where a term is not defined below, the City Planner has In cases where a term is not defined below, the City Planner has authority to use Merriam-Webster Dictionary or other similar reference to define the meaning of terms, and to interpret terms that may influence decisions.

L
“Landscaping, Vertical” means plants growing upward on a vertical surface, such as a wall, structure, or building façade. Examples of vertical landscaping include, living walls, tower gardens, trellised vining plants, pallet gardens, and hanging gardens.

Signs:
"Wind-driven sign" means a single or series of pennants or other similar objects which are fastened together at intervals by wire, rope, cord, string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze. For example, feather banners, streamers, and inflatable components.

Certain fFlags and flag signs mayare not beconsidered a wind-driven sign. 119
Subject Area: Accessory Structures

INTRODUCTION
This recommended revision clarifies how accessory structures, such as patio covers, are measured from the property lines for setbacks requirements, and defines the minimum building setback for detached patio covers.
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.24.040 is amended as follows:

17.24.040 Accessory Buildings and Structures.

A. General Requirements for Accessory Buildings and Structures in All Zones.

1. When Accessory Buildings and Accessory Structures May be Constructed.

Attached or detached accessory buildings and accessory structures may be constructed with, or subsequent to, the construction of the primary building as provided for herein. Exceptions may be granted as deemed by the City Planner or designee.

2. Requirements Not Included in This Section. Along with the regulations found in this section:
a. Please refer to provisions in chapters on the individual zones for other standards applicable to accessory buildings; and
b. The provisions within this section shall not apply to fences, walls, hedges, retaining walls and skirt walls. Please refer to Section 17.24.090, Fences, Walls, and Hedges; Section 17.24.180, Retaining Walls, and Section

17.24.190, Skirt Walls, of this Title for specific regulations pertaining to Fences, Walls, Hedges, Retaining Walls and Skirt Walls.

B. Standards for Attached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in All Zones.

1. Setbacks. With the exception of garages in residential zones which qualify for encroachment into the front yard setback, as provided for in Section

17.32.050(E), Garage Encroachment into the Front Setback, and except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height limits, attached accessory buildings/structures shall comply in all respects with the setback requirements for the primary building.

2. Height Limits. Attached accessory buildings/structures may have the same height limit as primary buildings.

C. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Residential Zones and on Residential Lots in Mixed-Use Zones.

1. Setbacks. Except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits of this Title, a detached accessory building/structure shall adhere to the following general setbacks:

Attachment 2
120
a. There shall be a five-foot minimum setback between an accessory building/structure and a primary building, measured at the closest distance between the wall or post of structures.
ab. When located wholly in the front one-half of the lot, a detached accessory building/structure shall follow the setbacks for the primary building, as prescribed by the zone.
bc. Except for through lots as described in Section 17.24.210, when located wholly in the rear one-half of the lot:
i. A detached accessory building with 450 square feet or less floor area may encroach into the interior-side yard and/or rear yard setback of the zone up to a property line. One accessory building may encroach into required setbacks on lots 6,000 square feet or smaller, and two buildings may encroach on lots over 6,000 square feet, if they are separated a minimum of 10 feet
ii. A detached accessory building with over 450 square feet of floor area shall conform to the setbacks of the underlying zone.
iii. A detached accessory structure shall adhere to the setbacks of the zone for the primary building, except as modified by Table 17.24.080 B., Maximum Encroachments into Setbacks and Height Limits. cd. When portions of the detached accessory building/structure are located in both the front and rear half of the lot, respective portions of both Subsection (C)(1)(a) and (b) of this section shall apply. de. A detached accessory building/structure shall not be located within five feet of any alley.
121
ef. On a Corner Lot or a Reverse Corner Lot.
i. Exterior Side Setback. The exterior side setback for a detached accessory building/structure shall be the required or existing front yard setback on the adjacent key lot, whichever is less restrictive. The required or existing front yard setback may be established using any legally constructed building, attached or detached, accessory or primary.
ii. Rear Setback. Notwithstanding Subsection (C)(1)(a), (1)(b), (1)(c), (1)(d), and (1)(e)(i), above, the rear setback for a detached accessory building/structure shall be five feet when the accessory building is adjacent to the front two-thirds of the adjacent key lot. 122
Figure 17.24.040B
iii. Detached garages may encroach into the front yard setback as provided for attached garages in Section 17.32.050(E), Garage Encroachment into the Front Setback, of this Title.

2. Height Limit for Detached Accessory Structures. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory structures shall be as follows:
a. Front Half of the Lot. Detached accessory structures in the front half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot. Detached accessory structures shall have a maximum height of 15 feet, however; the height limit may be increased to the height limit of the zone with the approval of a Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110). 123

3. Height Limits for Detached Accessory Buildings. Except as modified by Section

17.24.080, Maximum Encroachments into Setbacks and Height Limits, General; the height limit for detached accessory buildings shall be as follows:
a. Front Half of the Lot. Detached accessory buildings in the front one-half of the lot shall not exceed 15 feet in height;
b. Rear Half of the Lot.
i. Accessory Buildings with Setback Encroachments. Detached accessory buildings in the rear half of the lot encroaching into required setbacks may be constructed over 15 feet high, up to the height limit of the zone with the approval of a Development Permit (Section

17.16.100) or Cultural Heritage Permit {Section 17.16.110). Setback encroachments require compliance with Section 17.24.080 or the approval of an application in Chapter 17.16; and
ii. Accessory Buildings with Setback Compliance. Detached accessory buildings in the rear one-half of the lot may be constructed up to the height limit of the zone if detached accessory buildings comply with required setbacks of the zoning district for the primary building.

D. Standards for Detached Accessory Buildings and Structures (Except Fences, Walls, Hedges, Retaining Walls and Skirt Walls) in Nonresidential Zones and on Nonresidential and Mixed-Use Lots in Mixed-Use Zones.

1. Setbacks. Detached accessory buildings/structures shall meet all of the setback requirements for primary buildings, except as modified by Table

17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the property line.

2. Height Limits. Detached accessory buildings/structures shall have the same height as the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title.

3. Distance Setback From the Primary Building. A detached accessory building/structure shall be a minimum of five feet from the primary building, except as modified by Table 17.24.080B, Maximum Encroachments into Setbacks and Height Limits of this Title. The setback is measured at the closest distance between the wall or post of accessory structures and the primary building.
124
Subject Area: Landscaping

INTRODUCTION
These proposed zoning changes clarify landscaping requirements. Due to site constraints on nonresidential lots, it is often challenging to meet the landscaping standards for the zone. In an effort to alleviate site constraints and provide alternatives to meet landscaping standards, vertical landscaping would be acceptable for nonresidential lots, similar to zoning standards that were accepted for the West Pico Corridor Specific Plan.

Additionally, the requirements for landscape plans should be updated to include direction for ministerial projects, and there should be additional exceptions when Orange County Fire Authority requirements related to fuel modification or fire safety in general make it challenging to meet landscaping standards. The Zoning Code is currently unclear on the use of artificial turf. Therefore, this change clarifies that artificial turf is allowed in areas where plant material is not required.
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.68.020 is amended as follows:

17.68.020 Applicability.

A. Applicability of Standards.

1. New Development. The standards in this chapter apply to all nonresidential, mixed-use, and residential development proposed after the effective date of this title, March 21, 1996, with the exception of those projects exempted from this title in accordance with Section 17.04.030(C), Exempt Projects.

2. Existing Development. All development existing prior to the effective date of this title, March 21, 1996, shall comply with the maintenance requirements in Section 17.68.060, Maintenance Requirements. Existing development shall comply with the standards in Section 17.68.040, General Landscaping Requirements, and Section 17.68.050, Landscaping Requirements for Specific Zones, in the following manner:
a. Existing Development Requiring Zoning Administrator, Planning Commission or City Council Review. Existing development which requests improvements or a change of use through a discretionary process shall be reviewed for compliance with the general and specific standards contained in Sections 17.68.040, General Landscaping Requirements, and

17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

Through the discretionary review process, compliance or partial compliance may be required by the City when the improvements or change of use are significant enough to warrant landscape improvements. b. Existing Development Requiring Administrative Review. Existing development which requests improvements or a change of use through an administrative processrequired landscaping areas shall be reviewed for compliance with the general and specific standards contained in Sections

17.68.040, General Landscaping Requirements, and 17.68.050, Attachment 3
125
Landscaping Requirements for Specific Zones, of this chapter., if the owner of a property is adding square footage onto an existing building in excess of 50 percent of the building's existing square footage or causing a change of use for the property.
c. Other Existing Development. Other development which shall be exempt requests improvements or a change of required landscaping areas shall be reviewed for from compliance with the standards contained in Sections

17.68.040, General landscaping requirements, and 17.68.050, Landscaping Requirements for Specific Zones, of this chapter.

B. Requirements for Landscape Plans. Preliminary and comprehensive landscape plans are required for specific types of projects receiving discretionary and ministerial review. Please refer to the Planning Division's Guidelines and Specifications for Landscape Development application checklists to determine whether or not a discretionary application requires a preliminary which type of landscape plan is required for a discretionary and ministerial project, and for submittal requirements. While the standards contained in this chapter pertain only to landscaping on private property, the City also has requirements for landscaping in the public right-of-way and water efficiency regulations for public property. The Planning Division and the City's Beaches, Parks and Recreation Department should be consulted regarding landscaping and water efficiency standards for the public right-of-way and public property. Landscape plans must include the public rights-of-way, as well as private property. The following are the two types of landscaping plans required for some discretionary projects:

1. Preliminary Landscaping Plans. A preliminary landscaping plan shall be submitted as part of a discretionary application for development, in accordance with Section

17.12.040, Filing an Application, of this title.

2. Comprehensive Landscaping Plans. A comprehensive landscaping plan shall be prepared and submitted for all projects requiring a preliminary landscape plan, concurrent with the application for Building Permits. Please refer to the City of San Clemente, Guidelines and Specifications for Landscape Development, for submittal requirements for comprehensive landscape plans.

17.68.040 General landscaping requirements.

This section contains general landscaping requirements for all new development and improvements to existing development warranting landscape improvements, as determined through the City's review process. The requirements contained in this chapter are for landscaping on private property while water efficiency standards in this section apply to both private and public property. The Planning Division and the Beaches, Parks and Recreation Department should be consulted for general landscape requirements for public property.

The following are general landscaping requirements for new development and improvements to existing development warranting landscape improvements:
126
A. Living Plant Materials. Landscaping shall consist primarily of drought tolerant living plant material. Hardscape improvements shall not be counted toward fulfilling the required landscape. In required landscaped areas, living plant material shall be permanently maintained and California Native plant species shall be planted in at least 75 percent of required landscaped areas. Up to 25 percent of required landscaped areas may be covered with natural grass or non-drought tolerant, non-native plant material.

B. Landscaping on Private Property. Only landscaping on private property shall count toward the landscaping requirements of this chapter. Landscaping for parking areas and signs, provided in accordance with Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, shall count toward the landscaping requirements of this chapter.

C. Artificial Turf and Permeable Paving. Artificial turf and permeable paving are allowed in areas currently covered with natural grass, and in areas where living plant material is not required. Any existing non-living plant material can be replaced in-kind with other non-living plant material, including artificial turf or pavers.

C. California Native Species. California Native plant species shall be planted in at least 60 percent of required landscaped areas.

D. Interference from Landscaping. Trees and shrubs planted on private property shall be planted so that at maturity they do not interfere with service lines, traffic safety visibility area and basic property rights of adjacent property owners.

E. Physical Damage from Landscaping. Trees planted (on private property) near public bicycle trails or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements. Root control barriers shall be utilized.

F. Irrigation Systems. All landscaping for nonresidential, mixed-use, and multifamily residential projects shall have automatic irrigation systems. Duplexes and single-family residential projects need not have automatic irrigation systems, but shall have a permanent means of irrigating landscaping. Low precipitation and drip-type systems are encouraged.

G. State Model Water Ordinance. The State Model Water Efficiency Landscape Ordinance (MWELO), in accordance with provisions established in present-day State Assembly Bill, shall apply to all new and rehabilitated public and private projects, as specified in the City of San Clemente guidelines and specifications for WELO compliance.

H. Utilities. Utilities may occur within required landscaped areas, but only if underground utilities will not preclude appropriate planting of trees, and the utility facilities are screened from public view.

I. More Restrictive Provision Shall Apply. Should any provision of this chapter conflict with any other provisions of this title or any adopted specific or Master Plans, the more restrictive requirements shall apply.
127

17.68.050 Landscaping requirements for specific zones.

This section contains specific landscaping requirements, by zone, for new development and improvements to existing development warranting landscape improvements, as determined through the discretionary review process. Additional landscaping requirements may be found in Section 17.64.060(C), Landscaping, and Section 17.84.020(B)(3), Landscaping, for landscaping standards for off-street parking areas and signs.

A. Residential Zones.

1. Residential Uses. All residential uses shall comply with the following standards:
a. Minimum landscaping for front yard setback areas for single-family development. 50 percent of the front yard setback area shall have a surface that remains permeable and is to be planted landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter. 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 planted landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Exceptions may be granted with the approval of a Minor Exception Permit, in accordance with Section 17.16.090, of this title. In addition to the general findings required for specific permits, one of the following findings shall be made prior to the approval of a Minor Exception Permit:
i. The project incorporates a driveway design that aesthetically improves the property beyond the required landscaping
requirements of the Zoning Ordinance; or
ii. Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.
b. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted in the front yard setback area; and
c. Minimum landscaping for front yard setbacks for all other residential development. All setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks and parking (including driveways and required parking spaces), shall have 128
a surface that remains permeable and is to be planted landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements, of this chapter.

Figure 17.68.050
Minimum landscaping for front yard setbacks for all other residential development.
d. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
e. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall 129
count toward the total landscaping requirements for a development site.

2. Nonresidential Uses. Please refer to the landscaping standards for nonresidential uses in nonresidential zones, below. A minimum of 10 percent of the gross lot area shall be provided in landscaping; however, more may be required through the discretionary review process to ensure compatibility of the use with nearby residential development.

3. Exceptions. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section.

B. All Nonresidential Zones
1B. Commercial Zones. All uses in commercial zones shall comply with the following standards:
a1. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b2. The following minimum amount of landscaping shall be provided for an individual development site:

Table 17.68.050
Landscaping as a Percent of Gross Lot Area
Standard NC 1.1, NC

1.2, NC 1.3,
NC 2, NC 3
CC 1, CC 2 CC 3 CC 4
Minimum
landscaping, as
percent of gross lot
area
10% 15% 20% 25%
c3. For landscaping requirements for parking areas or lots, refer to Section

17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site;
d4. For landscaping requirements for signs, refer to Section 17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.
2C. Mixed-Use Zones, except MU5. .
a1. Mixed Use Zones except MU 5. All dDevelopments in the MU 1, MU2, MU3.0, MU3.1, MU3.2, and MU3.3 zones ( MU zones except MU 5)5 shall comply with the following landscaping standards:
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baa. A minimum of one 15-gallon tree or equivalent, as approved by the City Planner, per 25 lineal feet of street frontage shall be planted on the site; and
b. Urban Open Area Requirement. Landscaping requirements have been combined with open area requirements for this zone to allow the creation of urban open areas, such as courtyards, pedestrian walkways, outdoor seating areas and pedestrian walkways, accentuated with landscaping. The following are urban open area requirements for developments in the MU3 zone:

Standard All Lots
Total Urban Open Area (as percent of net lot area)
If provided on street level 20%
If provided on multiple levels, including on upper level balconies, decks, and roofs with permanently affixed
planter boxes
30%
Percentage of Urban Open Area to be provided in
Landscaping
25%
Exceptions to these requirements may be granted through the approval of a Minor Conditional UseException Permit in accordance with Section 17.40.050(C), Exceptions to the Development Standards for Lots of 12,000 Square Feet or Smaller, MU3 Zone, of this title. c. For landscaping requirements for parking areas or lots, refer to Section 17.64.060(C), Landscaping, and Section 17.28.220, Parking Lots, of this title. Parking lot landscaping shall count toward the total landscaping requirements for a development site.
d. For landscaping requirements for signs, refer to Section

17.84.020(B)(3), Landscaping, of this title. Sign landscaping shall count toward the total landscaping requirements for a development site.

32. MU 5 Zones.
a. Residential uses in MU 5 shall comply with the landscaping standards for residential uses found in subsection A.1, Residential Uses, of this section. b. Nonresidential uses in MU 5 shall provide a minimum landscaping requirement of 10% of the gross lot area. comply with the landscaping standards for the NC 2 zone in subsection B., Commercial Zones, of this section.

4. Exceptions
a. All nonresidential zones, as stated in Subsection B, may utilize landscaping (i.e. vines, wall planters, etc.) if site constraints prevent minimum standard compliance. Vertical planting area is calculated as wall surface area covered with 131
plant material based on expected plant size at maturity, with vine specimens being expected to cover ten square feet even if smaller at the time of planting.

b. When the Orange County Fire Authority requires fuel modification zones for defensible space, it shall be at the discretion of the City Planner to grant relief from landscaping requirements set forth in this section. 132
Subject Area: Commercial Use Table

INTRODUCTION
These proposed changes clean-up the commercial zoning use table to reverse an unintended change in the 2014 General Plan update. The General Plan update changed the land use designation of several specific plan NC2 zones to the NC1.2 zone, such as the commercial zones on the corner of Avenida Vista Hermosa and La Pata. There was no intent to reduce density of development or the types of allowed uses in the specific plans. Conversely, the intent was to move new auto-oriented uses away from El Camino Real by locating them in commercial and business park areas of the Rancho San Clemente and Talega Specific Plans, however the uses are not allowed in the NC 1.2 zones. Several specific plans refer to the Zoning Code for a list of allowed uses in the commercial zones. The allowed uses in NC 1.2 and NC 1.3 zones are more restrictive than NC 2 zones. For example, a car wash facility and drive-through restaurant are not allowed in a NC 1.2 zone, where it is possible in a NC 2 zone. The proposed zoning changes update the commercial zoning land use table for NC 1.2 zones to clarify which land uses are allowed, consistent with what was permitted prior to the General Plan. For the NC 1.2 zones near the DMV in Shorecliffs, a Minor Conditional Use Permit would remain a requirement to allow several uses in close proximity to single-family uses. A footnote has been added on such uses to require a Minor Conditional Use Permit when adjacent to a single-family use.
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.36.020 is amended is follows:

17.36.020 Commercial Use Regulations.

A. Permitted and Conditionally Permitted Uses. Tables 17.36.020, Commercial Zone Uses, list uses which shall be the primary uses allowed to occur on a property. All uses except for those provided for in Sections 17.28.210, Outdoor Display Areas, and 17.28.300, Temporary Uses and Structures, of this title shall be conducted within enclosed structures. The primary uses identified in Table

17.36.020, Commercial Zone Uses, shall be permitted or conditionally permitted as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title.

C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section

17.16.060, Conditional Use Permits, of this title.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

Attachment 4
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B. Prohibited Uses. The following uses are prohibited:

1. Uses that are listed in Table 17.36.020 but that are not identified as either permitted — "P" — or conditionally-permitted — "MC" or "C"; and

2. Uses that are excluded from Table 17.36.020, unless they are found by the City to be similar to permitted or conditionally-permitted uses.

3. Uses where a blank cell appears in Table 17.36.020.

4. As indicated in Table 17.36.020, the following uses are not permitted in any commercial zone:
a. Marijuana Cultivation.
b. Marijuana Manufacturing.
c. Marijuana Testing Laboratory.
d. Marijuana Delivery.
e. Marijuana Dispensary.

5. The cultivation of industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code, is not permitted in any commercial zone to the fullest extent allowed by state law.
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Table 17.36.020
Commercial Zone Uses
Use Zones

1. Commercial NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Antiques (Retail Sales) P P P P P P P P P
Art Galleries P P P P P P P P P
Bakery Goods/Sales
(No Wholesale
Distributors)

P P P P P P P P P
Barber Shops P P P P P P P P P
Bicycle Shops P P P P P P P P P
Bookstores P P P P P P P P P
Carpet Sales MC MC P P P P P P P P 26
Ceramics (Retail Sales) MC MC P P P P P P P P 26
Cleaners and
Laundromats (No Linen
Service)

P P P P P P P P P
Clothing (Retail Sales) P P P P P P P P P
Confectionery Stores
(Small Scale
Production with Retail
Sales)

P P P P P P P P P
Convenience Stores C C C C C C C C C 1
Dancing and/or
entertainment that has:
a. No amplified sound. MC MC MC MC MC MC MC MC MC
b. Amplified sound. C C C C C C C C C
Drugstores/Pharmacies P P P P P P P P P
Electronics (Retail
Sales and Repair)

P P P P P P P P P
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Fabric Stores P P P P P P P P P
Florists (Retail Sales) P P P P P P P P P
Floor Covering Stores MC PMC P P P P P P P 26
Furniture Stores (Retail
Sales)
MC PMC P P P P P P P 26
Glass/Mirror Sales MC PMC P P P P P P P 26
Grocery/Food Stores
(Not Convenience
Stores)

P P P P P P P P P
Gunsmith/Gun Shops C C C C C C C
Hardware Stores P P P P P P P P P
Home Appliance Stores
(Retail Sales and
Repair)
MC PMC P P P P P P P 26
Ice Cream Parlors
(Retail Sales with Small
Production)

P P P P P P P P P
Interior Decorating
Stores
MC PMC P P P P P P P 26
Janitorial Supplies P P P P P P P
Jewelry Stores P P P P P P P P P
Lawnmower
Sales/Service
MC PMC P P P P P P P 26
Liquor Sales for On-
Site Consumption:
a. Hard alcohol C C C C C C C C C
b. Beer and wine
indoors with active
food service

P P P P P P P P P
c. Beer and Wine in
outdoor dining areas
with active food service

MC MC MC MC MC MC MC MC MC
136
d. Beer and Wine
without active food
service

MC MC MC MC MC MC MC MC MC
Locksmith Shops MC MC P P P P P P P
Mail-Order Stores MC MC P P P P P P P
Marijuana Cultivation
Marijuana Delivery
Marijuana Dispensary
Marijuana Manufacturer
Marijuana Testing
Laboratory
Medical/X-Ray
Equipment (Sales Only)

P P P P P P P
Music Sales P P P P P P P P P
Newsstands (On
Private Property)

P P P P P P P P P
Nurseries (Indoor
Garden Retail Sales)
MC PMC P P P P P P P 26
Nurseries (Outdoor
Garden Retail Sales)

C C C C C C C C
Office
Equipment/Supplies
C C P P P P P P P P 26
Paint/Wallpaper Sales MC PMC P P P P P P P 26
Patio/Outdoor Furniture
Sales
MC PMC P P P P P P P 26
Pawn Shops C C C C C C C
Pet Shops MC MC MC MC MC MC MC MC MC
Pet Supply Stores MC PMC P P P P P P P 26
Photographic
Equipment Sales
MC PMC P P P P P P P 26
Pottery (Retail Sales
with Small Production)
MC PMC P P P P P P P 26
137
Shoe Stores (Retail
Sales and Repair)

P P P P P P P P P
Smoke or Tobacco
Shops
C C C C C 1
Specialty Food Stores P P P P P P P P P
Sporting Goods (Retail
Sales)
MC PMC P P P P P P P 26
Stationery Stores P P P P P P P P P
Surfboard (Custom
Manufacturing)

C C C C C C C
Swimming Pool
Accessory Shops
MC PMC P P P P P P P 26
Tailors/Dressmakers P P P P P P P P P
Use Zones

2. Hospital Uses NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Ambulance Services C C C C
Accessory Uses to
Hospital (e.g.
laboratories, medical
offices, florists, and
parking lots).

P 2
Hospital C
Specialty Hospital C
138
Use Zones

3. Lodging NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Bed and Breakfast
Inns:
3 a. Five or Fewer
Guest Rooms

P P P P P P P P
b. Six to 10 Guest
Rooms

MC MC MC MC MC MC MC MC
c. Over 10 Guest
Rooms

C C C C C C C C
Hotel and Ancillary
Uses

C C C C C C C C
Motels C C C C C C C C
Timeshares C C C C C C C C
Use Zones

4. Personal Services NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Barber, beauty, nail,
and tanning services

P P P P P P P P P
Body Art
Establishments
1 Body Piercing Studios P P P P P P P P P 1
Tattoo Parlors P P P P P P P P P 1
Use Zones
139

5. Professional
Offices, Financial
Institutions and
Related Uses
NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Ambulance Services
(Office Only)

P P P P P P P P P
Banks/Financial
Institutions

P P P P P P P P P
Banks/Financial
Institutions with DriveThrough Facilities

C C C C C P P P P
Newspaper Publication
and Office

P P P P P P P P
Employment Agencies P P P P P P P P
Offices, Medical P P P P P P P P P
Offices, Professional P P P P P P P P P
Offices,
Veterinary/Animal
Hospitals
MC PMC P P P P P P P 26
Secretarial Services P P P P P P P P P
Telemarketing Services P P P P P P P P
Travel Agencies MC PMC P P P P P P P 26
Use Zones

6. Public/Quasi Public
and Institutional Uses
NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Churches C C C C C C C C C
Clubs/Social
Organizations

C C C C C C C C C
140
Congregate Care
Facilities
C C C C C C C C 4
Convalescent Homes C C C C C C C C
Day Care Facilities: 5
a. Small-Family Day
Care Home
P P P P P P P P P 6
b. Large-Family Day
Care Home
P P P P P P P P P 6
c. Day Care Centers C C C C C C C C C
Group Instruction MC MC MC MC MC MC MC MC MC
Group Counseling C C 7
Libraries P P P P P P P P P
Parking Lots MC MC MC MC MC MC MC MC MC 8
Parking Structures C C C C C C C C C
Parks O O O O O O O O O 9
Public Utilities: 10
a. City-Initiated
Projects

O O O O O O O O O O
b. Projects Initiated by
Outside Agencies:
i. Major Utilities C C C C C C C C C C
ii. Minor Utilities P P P P P P P P P P
Schools, Public and
Private

C C C C C C C C C
Transportation Facilities C C C C C C C
Use Zones

7. Residential Uses NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
141
Qualified Affordable
Housing Development
Projects
P P P P P P 11, 25
Senior Housing
Projects
P P P P C P C P 11,
12, 25
Use Zones

8. Restaurants and
bars
NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Bars, cocktail lounges
(with or without dancing
and/or entertainment)

C C C C C C C C C
Microbreweries (with
limited production up to
5,000 barrels and
tasting room) as
defined in Section

17.88 C C C C C C C C C
Taprooms as defined
in Section 17.88

C C C C C C C C C
Restaurants without a
drive-through

P P P P P P P P P
Restaurants with drivethrough C C C C C C C C 13
Use Zones

9. Unclassified Uses NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
142
Accessory Buildings C C C C C C C C C C
Alcohol Beverage Sales
Concurrent with Motor
Vehicle Fuel-
Convenience Store
Sales
C C C C C C C C C 14
Amusement Centers C MC MC MC MC MC MC MC MC 15
Animal Grooming
Shops
MC MC P MC P P P P P P P 26
Bowling Alley C MC MC MC MC MC MC MC MC
Drive-Thru Facilities,
When in Conjunction
with a Use Permitted or
Conditionally Permitted
in this Zone

C C C C C C C
Grading, Not
Accompanying a
Development Request:
16 a. Emergency P P P P P P P P P P
b. Major C C C C C C C C C C
c. Minor P P P P P P P P P P
Health/Fitness/Sports
Clubs and Facilities

C C C C C C C C C
Massage C C C C C C C 17
Accessory Massage MC MC MC MC MC MC MC MC MC 17
Mortuaries C C C C C C C
Pool Halls C C MC MC MC MC MC MC MC 18
Recycling Facilities: 19
a. Reverse Vending
Machines

P P P P P P P P P
b. Small Collection C PC P P P P P P P 26
c. Large Collection C C C C C C C
143
Theaters C C MC MC MC MC MC MC MC
Urban Private Storage
Wine Tasting (Only as
an Accessory Use to
establishments selling
wine or wine related
products as a primary
use)

MC MC MC MC MC MC MC MC MC
Use Zones

10. Vehicle-Related
Uses
NC

1.1 NC

1.2 NC

1.3 NC 2 NC 3 CC 1 CC 2 CC 3 CC 4 RMF
1 NOTE
Car Washes C C C C C C C 24
Service Stations C C C C C C C C C 22
Vehicle Parts Stores P P P P P P P
Vehicle Dealerships C C C C C C C 23
Vehicle Sales [fewer
than 10 vehicles on
site]
MC MC MC MC MC MC MC 23
Vehicle Sales [10 or
more vehicles on site]
C C C C C C C 23
Vehicle Rental [5 or
fewer vehicles on site]
P P P P P P P 23
Vehicle Rental [6 or
more vehicles on site]
MC MC MC MC MC MC 23
Vehicle Service and
Repair-Related
Facilities/Vehicle
Repair, Minor or Major
C C C C C C C 24
144
Footnotes:

1. Refer to Chapter 17.28, Special Uses, of this title for special provisions for the referenced land use.

2. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for single-use parking lots.

3. Refer to Section 17.28.090, Bed and Breakfast Inns, of this title, for special provisions for bed and breakfast inns.

4. Refer to Section 17.28.110, Congregate Care Facilities of this title for special provisions for congregate care facilities.

5. Refer to Section 17.28.100, Child Day Care Facilities, this title, for special provisions for day care facilities.

6. Small-family and large-family day care homes are permitted in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multi-family dwelling in which the underlying zoning allows for residential uses, or a legal non-conforming single-family dwelling unit in a nonresidential zone. Small-family and large-family day care homes only shall operate in buildings that were lawfully constructed.

7. A group-counseling use is conditionally permitted in an RMF 1 zone only if it is integrated into, and secondary in nature to, a Hospital facility. The group-counseling use must serve the primary use of the site as a general Hospital that serves the broader community.

8. Refer to Section 17.28.220, Parking Lots, of this title, for special provisions for parking lots.

9. Refer to Section 17.28.230, Public Park Facilities, of this title for review requirements for parks.

10. Refer to Section 17.28.240, Public Utilities, of this title, for special provisions for public utilities.

11. Qualified Affordable Housing Developments and Senior Housing Projects are permitted uses in the subject zoning district only if the property is located within the Housing Overlay. Refer to Section 17.56.090, Housing Overlay, for projects in Commercial Zones of this title, for special provisions.

12. Refer to Section 17.28.280, Senior Housing Projects, of this title, for special provisions for senior housing projects.

13. Refer to Section 17.28.260, Restaurants, Drive-In, Drive-Through, of this title, for special provisions for drive-in/drivethru restaurants.

14. Refer to Section 17.28.040, Alcoholic beverages and motor vehicle fuel, concurrent sale of, of this title, for special provisions for concurrent sales of motor fuel and alcoholic beverages.

15. Refer to Section 17.28.050, Amusement Centers, of this title, for special provisions for arcades/amusement centers. 145

16. Refer to Section 17.28.130, Grading, of this title, for special provisions for grading requests that are not accompanying development requests.

17. Massage is subject to Section 5.28 of the City of San Clemente Municipal Code. Refer to Section 17.28.185, Massage Establishments, of this title, for special provisions for massage establishments and accessory massage establishments.

18. The provisions for amusement centers shall apply to poolhalls. Please refer to Section 17.28.050, Amusement Centers, for special provisions for amusement centers.

19. Refer to Section 17.28.250, Recycling Facilities, of this title, for special provisions for recycling facilities.

20. Refer to Section 17.28.290, Service Stations, of this title, for special provisions.

21. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

22. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

23. Refer to Section 17.28.310, Vehicle Dealerships, Rental, and Sales of this title, for special provisions for vehicle dealerships.

24. Refer to Section 17.28.320, Vehicle Service and Repair-Related Facilities, of this title, for special provisions.

25. Qualified Affordable Housing Developments, Senior Housing, and Market Rate Residential projects seal not be allowed to convert existing hotel/motel uses which have provided lower cost visitor serving accommodation in the last five years, unless the project provides equivalent new lower cost visitor serving accommodation or unless required to be approved pursuant to State law.

26. Subject uses proposed on NC1.2 zoned properties adjacent to Residential Zones require a Minor Conditional Use Permit, in accordance with Section 17.16.070, Minor Conditional Use Permits, of this title. 146
Subject Area: Walls

INTRODUCTION
This recommended revision supports the purpose and intent of walls as they relate to neighborhood compatibility. Fences and walls detached from a retaining wall can function as a required safety guardrail. However, these are not subject to the same development standards as traditional guardrails constructed on top of retaining walls. A guardrail on top of a retaining wall shall not exceed the minimum required height, and must be transparent in nature. The current code may be interpreted to allow solid structures to be located very close to the top of a retaining wall, resulting in massing that appears as a solid face. Although the individual structures may not exceed the height limits, the combined height and mass may appear inconsistent with the City’s design guidelines and may have a negative impact on the visual scene and community character. This zoning amendment would address several concerns:
 Add section references to applicable code sections for wall exceptions;  A minimum setback between a retaining wall and a fence or wall;  Any structure serving the purpose of a guardrail for a retaining wall will be subject to the same design standards as guardrails;
 Landscaping shall be planted in front of retaining walls to further break up the massing of these structures within front-yard setbacks, street-side yard setbacks, rear-yard setbacks for through lots, Inland Canyon (IC) or Coastal Canyon Overlay Zoning Districts, and 10 feet from Open Space Zones or open space easements. “REDLINE” VERSION OF PROPOSED CHANGE
Section 17.24.180 is amended as follows:

17.24.180 Retaining Walls.

A. Purpose and Intent. In a community with sloping topography, retaining walls are often necessary to create developable or usable areas. The purpose and intent of this section is to establish standards that allow for retaining walls, while limiting their visual and traffic impacts. The purpose of a stricter height limit in the front yard is to provide for an open street scene, to allow the primary structures on a street to be visible and to contribute to the visual character of the neighborhood, and to allow for unobstructed views of traffic to and from driveways. The standards are also meant to minimize the height of retaining walls and their impacts upon adjacent structures.

B. Standards for Retaining Walls In All Zones.

1. Construction and Maintenance. Retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons or property.

2. Measuring Height. The height of retaining walls shall be measured from the lower side of finished grade to the top of the retaining wall.

Attachment 5
147

3. Landscaping. There shall be a minimum of a two-foot-deep area at the base of retaining walls in the following areas that shall be planted consistent with landscape standards in Section 17.68.040:
a. Front Yard Setbacks.
b. Street-Side Yard Setbacks.
c. Within Inland Canyon (IC) Overlays or Coastal Canyon Setbacks. d. Within 10 feet from Open Space zones or open-space easements.

C. Standards for Retaining Walls in Nonresidential Zones. The height limit, design, materials, stepping, and other retaining wall features of retaining walls are reviewed and approved through an architectural review process with the required approval of a Development Permit (Section 17.16.100), or a Cultural Heritage Permit (Section

17.16.110) for historic resources and landmarks on the City's designated historic resources and landmarks list.

D. Standards for Retaining Walls in Residential Zones. Unless otherwise provided for in the applicable zones, the following standards shall apply to retaining walls and to all structural elements supporting the retaining walls, including pilasters, trellises, etc. In addition to the regulations set forth in this section, all retaining walls shall be constructed and maintained so that they do not constitute a hazard to traffic, persons, or property.

1. Height Limits. The maximum height limits for residential retaining walls are shown in Table 17.24.180, Height Limits for Residential Retaining Walls, below.

Table 17.24.180
Height Limits for Residential Retaining Walls
Area of Lot Maximum Height Limit
Front Yard
Setback
Area
3 ft. 6 in.

Interior Side
Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Street-Side
Yard
Setback
Area
Reverse corner lot 3 ft. 6 in. Corner lot: Within 5 ft. of street-side property line: 3 ft. 6 in. Remaining width of the street side yard: 6 ft.

Rear Yard
Setback
Area
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height.

Other Areas
of Lot
6 ft., except when the retaining wall faces toward the subject property, in which case the retaining wall shall not exceed 8 ft. 6 in. in height. 148

2. Stepping of Retaining Walls. A number of retaining walls (stepping) may be constructed to substitute for one tall retaining wall if both of the following occur:
a. The height of each retaining wall must comply with the height limits of Table 17.24.180, Height Limits for Retaining Walls, above; and b. The minimum distance between any two retaining walls shall be equal to or greater than the height of the taller of the two retaining walls. The distance between the two walls shall be measured as the horizontal separation between the two closest wall faces: the back face of the downslope retaining wall and the front face of the up slope retaining wall.

The distance between stepped walls in-the-bank-garages may be reduced with the approval a minor exception permit as described in Section

17.16.090, Minor Exception Permits.

3. Distance Between Retaining Walls and Other Walls, Fences, or Similar Structures. The minimum distance between a retaining wall and any other wall, fence, or similar structure shall be equal to or greater than the height of the taller of the two structures, measured from the back face of the retaining wall and the front face of the adjacent structure.

Figure 17.24.180

43. Guardrail Requirements.
a. Guardrail Height. The height of guardrails constructed on top of retaining walls 30 inches or more in height shall be no higher than the minimum height required by comply with the Building Code. The height is measured from the top of the retaining wall to the top of the guardrail. When 149
swimming pools are proposed, the height of the guardrails shall be no higher than the minimum height required by the Swimming Pool Code. b. Materials for Guardrails. Guardrails shall be designed and constructed of materials that limit visual impacts. Unless the City Planner finds it is unnecessary to limit visual impacts, any structure serving as a required guardrails and shall be designed or constructed of materials that are mostly open or transparent when retaining walls are located in a front yard setback, rear yard setback (on through lots), street side yard setback (within five feet of street side property line), or in other instances where retaining walls are in a location or have a height that will have significant visual impacts, shall be designed or constructed of materials that are mostly open or transparent. unless guardrails are mostly open. Guardrails are "mostly open" when they are constructed of materials that may include, but are not limited to glass or have metal or wood pickets. The City Planner determines if the design and materials of guardrails will adequately limit visual impacts. The City Planner's decision may be appealed per Chapter 17.12.140.
c. Guardrails with Pilasters. When incorporated into guardrails required by the Building Code, pilasters shall be allowed above retaining walls as follows:
i. The maximum height of pilasters shall not exceed 42 inches as measured from the top of the retaining wall to the top of pilasters. In the case where swimming pools are proposed, the height of the pilasters shall be no higher than the minimum height required by the Swimming Pool Code.
ii. The minimum centerline distance between pilasters shall not be less than six feet when the pilaster is part of the required guardrail and not less than four feet when the pilaster is part of the required hand rail for stairways.

54. Exceptions.
a. The following exceptions are allowed with the approval of a Minor Exception Permit per Section 17.16.090, of this title.
i. An increase in the permitted height of retaining walls up to a maximum height of six feet for walls located in front yards, rear yards (on through lots), or located within five feet of street-side yard property lines.
ii. An increase in the permitted height of a retaining wall up to a maximum height of eight feet, six inches for walls not located in front yards, rear yards (on through lots), or street-side yards. b. Required Findings. In addition to the general findings required for specific permit in Section 17.16.090(F)s, all of the following findings shall be made 150
prior to the approval of a Minor Exception Permit to exceed the standards for retaining walls:
i. The height of the retaining wall will not be unsightly or incompatible with the character of or uses in the neighborhood;
ii. The height of the retaining wall will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveway;
iii. The additional height is necessary, given topographical constraints. 151
Subject Area: Signage

INTRODUCTION
This recommended revision provides specific regulations by sign type and clarifies important distinctions between similar sign types, such as flags and flag signs. “REDLINE” VERSION OF PROPOSED CHANGES
Section 17.84.030 is amended as follows:

17.84.030 Specific Regulations by Sign Type.

A. Purpose and Intent.The purpose of this section is to identify the specific sign standards relating to sign type, sign size, number of signs, height of signs, location of signs, general provisions and the Sign Permits required.

B. General Notes.The following general notes shall apply to all signs listed in the following matrix, unless otherwise indicated:

1. Signs that require Administrative or Discretionary Sign Permits are indicated in the following matrix. Other sign characteristics besides those indicated in the following matrix may also require administrative or discretionary review.

2. Signs may be governed by other sections of this code and those sections shall also apply. If there is a conflict in regulations, the most restrictive shall apply.

3. Change of copy to an existing sign that is identical in sign area, sign size, sign type, location and materials requires an Administrative Sign Permit.

4. Any change to an existing sign other than a change of copy as defined above requires compliance with the provisions of this chapter. For removal of signs, refer to Section 17.84.020(H), Removal of Signs, of this chapter.

5. All temporary signs are prohibited in the public right-of-way unless otherwise authorized by this chapter.

6. All signs listed, unless exempt from both Administrative and Discretionary Sign Permits, will count towards the total allowable sign area.

7. For Master Sign Programs, see Section 17.84.020(G), Master Sign Program, of this chapter.

8. For size of signs, see Section 17.84.020(D), Sign Area Allowed, of this chapter.

9. For height of signs, see Section 17.84.020(E), Computation for Sign Height, of this chapter.

10. For signs overhanging the public right-of-way, see Section 17.84.030(E), Permanent Signs Encroaching into Public Right-of-Way, of this chapter.

11. For sign exceptions, see Section 17.16.260, Sign Exception Permits, of this title.

Attachment 6
152

12. Fascia signs cannot extend more than 18 inches above the lower edge of a sloping roof.

13. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any public street or right-ofway or public property in the City.

14. Unless otherwise permitted pursuant to this chapter, no person shall display or cause to be displayed any sign on, within or over any private property in the City without the written consent of the owner, lessee or other person lawfully in possession of the property.

15. Except as expressly permitted or authorized in this chapter, all other signs are prohibited within the City.

16. Any non-commercial message may be substituted for the copy on any commercial sign that is allowed under the municipal code.

Table 17.84.030A
Matrix of Sign Types
Sign Type Maximum
Number of
Signs
Permitted
Maximum
Size per
Sign
Maximum
Height
per Sign
Sign Permits
Required
Other Special
Considerations
These are
special
considerations
required for the
specific type of
sign proposed.

Address Signs 2 per unit 4 sq. ft. — None Character
Height Max:

Res: 8 in. NonRes: 1 ft.

Ancillary
Service Signs
5 per
business
2 sq. ft. per
sign
— None Ancillary service
signs must be
affixed to
building, wall,
window.

Animated
Signs
Prohibited
Arcade Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.
153
Architectural
Overlay
District
— Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
— Adm. Sign
Permit, and
Discretionary
Sign Permit
ATM Signs 2 5 sq. ft. per
ATM
— Adm. Sign
Permit, in
conjunction
with Building
Permit
Signs permitted
on ATM
machine only
and may be
lighted.

Awning signs — 64 sq. ft.
outside and
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Adm. Sign
Permit, and
Discretionary
Sign Permit
Balloon Signs Prohibited
Temporary
Banner Signs
One per
business
64 sq. ft. — Adm. Sign
Permit
See Section

17.84.030(H)
for criteria
Bed and
Breakfast
Signs: Within
a Residential
Zone
Refer to Section 17.28.090, Bed and Breakfast Inns, of this title Bed and
Breakfast
Signs: Outside
a Residential
Zone
Refer to specific sign type proposed
154
Blade Signs One (1) per
tenant street
and
pedestrian
way frontage;
no more than
two (2) per
tenant (See
Section

17.84.030(G))
Six (6)
square feet
Fifteen (15)
feet from
ground to the
top of sign
Adm. Sign
Permit
See Section

17.84.030(G)
for Criteria
Blinking,
Flashing Signs
Prohibited
Business
Directory
Signs
1 freestanding
sign per
street
frontage
Freestanding
sign: 24 sq. ft
6 ft. Adm. Sign
Permit, and
Discretionary
Sign Permits
for wall
mounted
business
directory
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
Nameplates
indicating only
the tenant and
suite are
exempt from
these
requirements.

Residential
directory signs
are exempt
from this
requirement.
1 wall sign
per public
entrance into
building
Wall sign: 64
sq. ft.
—
Canopy Signs — 64 sq. ft.
outside an
Architectural
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
— Adm. Sign
Permit, and
Discretionary
Sign Permit
155
Overlay
District
Channel Letter
Signs
Refer to wall sign standards
Commercial
Mascot Signs
Prohibited
Construction
Signs
1 per street
frontage
12 sq. ft.
within a
residential
zone
24 sq. ft.
within a
nonreside
ntial zone
4 ft. within
a
residential
zone
6 ft. within
a
nonresidential zone
None Signage may
only be
displayed when
building
permits are
active for the
construction
project.

Directional
Signs
— — — None Cannot contain
advertising.

Drive-Up
Menu Board
Signs for
Drive-Up Food
Service
2 per site 32 sq. ft. 6 feet Adm. Sign
Permit Menu
board signs
require a
Conditional
Use Permit
Menu board
and speakers
shall be
oriented away
from residential
uses and from
public right-ofway.

Fascia Signs — 64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Flags 3 per site or
building
40 sq. ft. per
flag
Flag pole
may not
exceed the
height of the
zone in which
it is located
None Flag pole may
require a
Building Permit.

Flag Signs 1 per site or
building
40 sq. ft. per
flag sign
Flag pole
may not
exceed the
height of the
zone in which
it is located
Adm. Sign
Permit
Flag signs shall
count towards
total sign area.

May only be
authorized
temporarily in
156
association with
an approved
temporary use
permit or
special event
Freestanding
Signs
Refer to specific sign type
FreewayOriented Signs Prohibited (regardless of size or height) FreewayVisible Sign As
determined
through the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Consistent
with Section

17.84.020(D),
and subject
to the
Discretionary
Sign Permit
process
Discretionary
Sign Permit,
and
Administrative
Sign Permit
A Discretionary
Sign Permit is
required to
ensure that the
Freeway-Visible
Sign does not
become a
FreewayOriented Sign.

Garage Sale
Signs
1 per site 4 sq. ft. — None Must be posted
on site and
removed no
later than the
day after the
sale. No off-site
signs allowed.

Grand
Opening Signs
1 per site 4 sq. ft. — Adm. Sign
Permit
Will not count
toward banner
allowance
during calendar
year.

May be
displayed for a
maximum of 30
days.

The application
for a Temp.

Banner Permit
must
accompany a
new business
license
application or
new certificate
of occupancy.

Hand Held
Signs
Prohibited
157
Marquee
Signs
1 per building
frontage
64 sq. ft. The sign
shall not
exceed the
height of the
building upon
which the
sign is
located.

Adm. Sign
Permit, and
Discretionary
Sign Permit
for marquee
signs 25 to 64
sq. ft. within
an
Architectural
Overlay
District
Marquee signs
may be allowed
for uses such
as
entertainment,
churches,
temples or other
similar uses that
require
interchangeable
copy.

Model Home
Complex
Signs
Determined
through the
Conditional
Use Permit
process for
model home
complex,
maximum 3
flags per
model
Determined
through the
Conditional
Use Permit
process
15 ft. for flag
signs
Adm. Sign
Permit
Signs must be
removed upon
buildout of
subdivision.

Signs for model
home complex
shall also
require a
Conditional Use
Permit.

Monument
Signs
1 monument
sign per
street
frontage. 1
additional
sign for sites
with more
than 150 ft. of
street
frontage
64 sq. ft. 10 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
for monument
signs which
are: over 6
feet in height
up to 10 feet,
over 24 sq. ft.
(per face) for
a singletenant
monument
sign, over 32
sq. ft. (per
face) for a
multi-tenant
monument
sign
Only 1 sign face
of a monument
sign shall count
towards overall
sign allowance
for site.

Moving,
Revolving
Signs
Prohibited
Mural Maximum of
one mural per
Mural area is
not to exceed
Shall not
exceed the
Mural Permit Materials or
paint shall be
158
legal parcel,
or one mural
per building,
whichever is
more
restrictive.
a single wall
plane.
maximum
height of the
zone or
exceed the
height of the
structure on
which it is
applied,
whichever is
more
restrictive
weatherproof or
resistant to
wear.

May only be
permitted in
non-residential
zones.

Shall not
include
integrated
illumination,
electrical, or
moving
components but
may be
illuminated by
non-integrated
light.

Permit expires
two years from
issuance, at
which time, a
new permit may
be obtained or
the mural
removed.

The mural shall
be properly
maintained
through repair,
paint. or any
necessary
treatment, so as
to prevent
decay.

Defective or
insufficient
weather
protection for
exterior
treatments and
facades,
including faded
paint or
materials and
graffiti, shall be
159
promptly
addressed, and
repaired or
stabilized to
prevent further
deterioration.

Noise Making
or Audible
Signs, Except
for Drive-Up
Menu Boards
Prohibited
Nonpermanent
Vehicle Signs,
Including
Semitrailers
Prohibited
Off-Site,
Billboard
Signs
Prohibited
Open House
Signs
1 sign on site
plus 5 off-site
directional
signs.

Maximum of
1 sign per
intersection
directing
traffic in same
direction
4 sq. ft. 4 ft. None Open house
sign shall be
allowed only
while the open
house is in
progress,
cannot remain
over night,
cannot be
affixed to any
public above
ground
structure (such
as utility poles)
cannot be
placed in the
public right-ofway and cannot
interfere with
traffic.

Permanent
Mounted
Vehicle Signs
1 per side, 2
sides
maximum
64 sq. ft. — None Sign must be
painted on the
vehicle and the
vehicle must be
licensed and
operable.
160
Project
Identification
Signs
Project
Identification
signs shall be
reviewed
through a
Discretionary
Sign Permit
process.

Residential
Permanent
Subdivision/
Apartment
Complex
(5 or more
units)/
Mobile home
park Signs
2 per
entrance from
public rightof-way
24 sq. ft. 6 ft. Adm. Sign
Permit
NonResidential 2 per
entrance from
public rightof-way
64 sq. ft. 6 ft. Adm. Sign
Permit
Pole Signs 1 per site 64 sq. ft. 15 ft. Adm. Sign
Permit, and
Discretionary
Sign Permit
Portable Signs Maximum of
1 sign per
business, and
a maximum 2
signs per
building for
multi-tenant
buildings
6 sq. ft. per
side, 2 sides
maximum
4 ft. for
portable
signs not
flush against
building. 6 ft.
for portable
signs flush
against the
building
Adm. Sign
Permit
Refer to
portable sign
Section

17.84.030(D),
Portable Signs.

Sign cannot
encroach into
public right-ofway.

Projecting
Signs
1 per
business
64 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Sign must
provide
minimum of 8 ft.
clearance
between bottom
of sign and
sidewalk.

Cannot project
more than 2 ft.
from wall to
161
which it is
affixed.

Real Estate
Signs:

Other than
Open
House Signs
1 per
building or
site
24 sq. ft. if
within a
commercial zone.
12 sq. ft. if
within a
residential
zone
Freestanding
sign: 6
feet
None Cannot be
lighted; must
be located onsite; sign
area of the real
estate
sign shall not
count
towards total
sign area
permitted for
the site.

Signage may
only be
displayed when
real
estate is
actively on
market for sale,
lease, or
rent.

Recycling
Facility Signs
Refer to Section 17.28.250, Recycling Facilities, of this title.

Roof-Mounted
Signs
Prohibited
Security Signs 1 per unit 2 sq. ft. — None
Service
Station Signs
Canopy sign:
2 signs
maximum
and 1 sign
maximum per
elevation
24 sq. ft. — Adm. Sign
Permit, and
Discretionary
Sign Permit
Price signs
regulated by
State.

Spanner sign:
1 per pump
island (may
be 2-sided)
24 sq. ft. —
Monument
sign: 1 per lot
frontage
32 sq. ft. 6 ft.

Pole sign: 1
per site
32 sq. ft. 15 ft.

Shingle Signs — 64 sq. ft.
outside an
Architectural
— Adm. Sign
Permit
Sign must
provide
minimum of 8 ft.
162
Overlay
District, less
than 25 sq. ft.
within an
Architectural
Overlay
District
clearance
between bottom
of sign and
sidewalk.

Between 25
sq. ft. and 64
sq. ft. within
an
Architectural
Overlay
District
Discretionary
Sign Permit
Snipe Signs Prohibited
Special Event
Signs
— — — Adm. Sign
Permit
Shall not be
installed 30
days prior to the
event, and shall
be removed
within 2 days
after event.

Cannot create a
traffic hazard.

Umbrella Sign — — 1′ copy Adm. Sign
Permit
Umbrellas shall
be made of fireretardant
material.

Copy area shall
not count
towards overall
sign area for
business and
site.

Wall Sign — 64 sq. ft. — Administrative
Sign Permit
Discretionary
Sign Permit
for signs 25 to
64 sq. ft.
within an
Architectural
Overlay
District
Wall signs must
be permanently
affixed to the
building.

Wind Driven
Signs
Prohibited
163
Window Sign
Under 25% of
Individual
Window
— Less than
25% of
individual
window
— None
Over 25% of
Individual
Window
— 64 sq. ft. — Administrative
Sign Permit
C. Portable Signs.Portable signs, excluding banner signs, shall be allowed for businesses subject to the following:

1. Design of Portable Signs.
a. The portable sign shall be hand-crafted in appearance. b. Acceptable materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. c. Portable signs cannot be lighted.
d. Portable signs shall be well maintained.
e. The sign area of a portable sign shall not count towards the total sign area permitted for business or building.

2. Location of Portable Signs.
a. Portable signs must be located immediately adjacent along the business storefront and in close proximity to the main public entrance of the business advertised.
b. At no time shall portable signs be placed within any landscaped area. c. The portable sign must be able to be easily carried and transported, not permanently affixed to the street, sidewalk, wall, awning, public fixtures, or other similar public improvements.
d. The portable sign may remain outside only during those hours the business is open.
e. The portable sign shall be located outside the public right-of-way. f. The portable sign cannot interfere with pedestrian or vehicular traffic or parking.
g. The portable sign cannot pose a safety threat.

D. Permanent Signs Encroaching into Public Right-of-Way.The following permanent sign types may be allowed to encroach into the public right-of-way when all of the following standards are complied with:

1. Maximum Encroachment.

Table 17.84.030B
164
Maximum Encroachments of Permanent
Signs into the Public Right-of-Way
Sign Type Maximum Encroachment into Public Right-of-Way Arcade 24″
Awning 48″
Canopy 48″
Shingle 24″
Fascia 12″
Marquee 12″
Projecting 24″
Wall 12″

2. The sign must be permanently affixed to the building it serves.

3. The sign shall not create a traffic hazard for pedestrians or vehicles.

4. The sign shall not extend beyond the edge of sidewalk or curb adjacent to the street.

5. The sign shall maintain a minimum of eight feet vertical clearance between the sidewalk and bottom of the sign.

6. The owner of the sign encroaching into the public right-of-way shall be required to enter into an agreement with the City that indemnifies the City from all liability associated with the sign that encroaches.

7. For temporary banners over the public right-of-way refer to temporary banner sign policy.

E. Temporary Signs.

1. Unpermitted Temporary Signs Found in the Right-of-Way. Any unpermitted temporary sign found to be on or over any public street or right-of-way shall promptly be removed and confiscated by the designated official of the City. If a confiscated temporary sign advertises or relates to a specific event, the City will retain it for 10 days after the event ends. If the sign does not advertise or relate to a specific event, the City will retain it for 45 days from the date of confiscation.

2. A sign's owner or the sign owner's agent may reclaim a confiscated sign by paying a storage fee to the City of $10.00 per sign. The person reclaiming the sign must sign a receipt indicating that the person is either the owner or the owner's agent. Any sign not reclaimed by the end of the applicable retention period will be destroyed.

F. Signs on Vacant or Unimproved Property.Before placing a sign on vacant or unimproved property, each of the following must be satisfied:

1. The sign owner must file with the City Clerk a written form signed by the owner, lessee, or other person lawfully in possession of the property consenting in 165
writing to the placement of the sign and agreeing to be responsible for removal within the applicable time period; and

2. The sign must be located a minimum of three feet behind the sidewalk or, if no sidewalk exists, a minimum of eight feet behind the back of the curb or edge of the roadway; and

3. If the sign relates to a specific event, the sign must be removed within three days after the event ends; and

4. The sign must comply with all other design criteria established by this code.

G. Blade Signs.Blade signs shall be allowed for businesses in the A-O District subject to the following criteria:

1. Design of Blade Signs.
a. The blade sign shall be hand-crafted in appearance.
b. Three dimensional blade signs are encouraged.
c. Acceptable sign materials may include, but not be limited to, metal, painted wood, plastic, ceramics, or other similar durable materials. Paper, light cloth, exposed or unpainted wood and particle board are prohibited. d. Sign supports, brackets and standards shall be made of wood and/or wrought iron. They may be painted or carved.
e. Blade signs shall have a maximum thickness of not more than six inches. f. Blade signs shall be well maintained.
g. The sign area of a blade sign shall not count towards the total sign area permitted for business or building providing all existing signage is in conformance with the Sign Code.
h. Blade signs meeting the design criteria of this section may be added to buildings which are subject to a Master Sign Program, per Section

17.84.020(G), and shall not require modification or amendment to such Master Sign Program, so long as the Master Sign Program has been implemented and all existing signs on the building are in accordance with that Master Sign Program.
i. Blade signs shall not be illuminated except as provided for in other discretionary processes.

2. Location of Blade Signs.
a. A total of two blade signs per tenant shall be permitted, although only one blade sign shall be permitted per tenant street frontage; the other shall be permitted per tenant frontage along a pedestrian way, arcade, paseo or courtyard, all of which must be internal to the project. b. A blade sign must provide a minimum of eight-foot clearance between the bottom of the sign and the ground.
166
c. A blade sign may project a maximum of four feet from the wall of a building.

H. Temporary Banner Signs.Temporary Banner Signs shall be allowed for businesses city-wide, excluding home-occupations.

1. Temporary Banner Sign Criteria.
a. Each business shall be permitted a maximum of one temporary banner sign per business at any given time.
b. The temporary banner sign cannot exceed 64 square feet. A temporary banner sign will not count towards a business's total sign area allowance. c. The temporary banner sign shall be placed on-site and flush on the building. These banners are prohibited in the following locations: city rightof-way, free-standing walls, fences or other areas or fixtures not part of the business's primary structure; other locations as determined by the City Planner to be inconsistent with the intent of this section. No portion of the temporary banner sign shall be free-hanging and all corners of the banner shall be secured to the building.
d. Temporary banner signs shall be constructed of cloth, canvas, fabric, plastic or other similar durable material.
e. The temporary banner sign shall be maintained in good condition, free of any defects, including cracking, torn or ripped material, or faded copy. f. Each business may have up to four permits per calendar year. Each permit allows the display of a banner sign up to 30 calendar days.

Renewals of permits are allowed, but in no case shall a business display a temporary banner for more than 120 days per calendar year. Banners may be replaced during the authorized period so long as they are the same or smaller size and installed in the approved location. These provisions are to ensure temporary banner signs are not used as permanent display or inlieu of permanent signs for the business. 167
Subject Area: Definitions

INTRODUCTION
This recommended revision modifies the definition for “wind driven sign”, and adds a definition for “vertical landscaping.”
“REDLINE” VERSION OF PROPOSED CHANGES
Section 17.88.030 is amended as follows:

17.88.030 Definitions.

In cases where a term is not defined below, the City Planner has In cases where a term is not defined below, the City Planner has authority to use Merriam-Webster Dictionary or other similar reference to define the meaning of terms, and to interpret terms that may influence decisions.

L
“Landscaping, Vertical” means plants growing upward on a vertical surface, such as a wall, structure, or building façade. Examples of vertical landscaping include, living walls, tower gardens, trellised vining plants, pallet gardens, and hanging gardens.

Signs:
"Wind-driven sign" means a single or series of pennants or other similar objects which are fastened together at intervals by wire, rope, cord, string or by any other means and which are designed to move and attract attention upon being subjected to pressure by wind or breeze. For example, feather banners, streamers, and inflatable components.

Certain fFlags and flag signs may are not be considered a wind-driven sign.

Attachment 7
168

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
April 8, 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
Chair Pro Tem McKhann led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Chair Pro Tem Scott McKhann; Gary McCaughan; Brett Freeman; and Patrick Griffin
Commissioners Absent: Vice Chair M. Steven Camp; and Karen Prescott-Loeffler Staff Present: Zach Rehm, Acting City Planner
David Carrillo, Lead Project Planner
Laura Burns, Assistant Planner
Reese Miller, Planning Intern
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 March 18, 2026.

Attachment 8
169
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 2

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER

PRESCOTT LOEFFLER ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF MARCH 18, 2026.

6. ORAL AND WRITTEN COMMUNICATIONS
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-139, La Casa Verde Outdoor Display, 130 Avenida Granada
A public hearing referred by the Zoning Administrator for the Planning Commission to approve Public Hearing Project (PHP)24-139 and Minor Conditional Use Permit (MCUP) 24-140, La Casa Verde de Granada, a request to allow an outdoor display associated with retail sales and request of parking waivers at 130 Avenida Granada.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Chair Cosgrove opened the public hearing and requested the Commissioners disclose any actions related to the project. Chair Cosgrove and Chair Pro Tem McKhann advised their review in a Cultural Heritage Committee (CHC) meeting last December.

Assistant Planner Coury provided a summary of the presentation titled, “La Casa Verde de Granada – Outdoor Display, PHP24-139 / MCUP24-140, April 3, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report included the project location; images dated 2011, 2019 and 2025; Code requirements; a briefing of the Zoning Administrator public hearing; and recommendations made by the Cultural Heritage Committee.

Commissioners asked staff to clarify the number of parking spaces required, and staff stated that the applicants are now requesting two parking spaces to be maintained and two parking waivers. Acting City Planner Rehm clarified the waivers are needed because the outdoor display up to 800 sq. ft. would require 170
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 3 two additional parking spaces; and the applicants would be required to maintain two existing parking spaces with no merchandise on them.

Chair Cosgrove referenced a written comment submitted from Ami Walstrom representing the applicant-property owners.

Applicant’s Comments: Ami Walstrom on behalf of her parents, the property owners and applicants, clarified that the driveway is now completely cleared, providing two parking spots for customers, and the property owner is requesting a waiver for two additional parking spots to accommodate their 800 sq. ft. outdoor merchandise space. Ms. Walstrom read the letter that is available by emailing the planning division or requesting the public record.

Chair Cosgrove thanked the applicant.

The Commission asked Ms. Walstrom if the applicants agreed with having the two parking spaces in the front. Ms. Walstrom stated that the business is more visible with the removal of the orange tree. She is amicable with the driveway being used. The Commission asked the percentage of pedestrian versus driving, whereby Ms. Walstrom stated that parking can be difficult, so many people come on e-bikes and locals know it takes time to park. Applicant and property owner Ellen Bodas spoke to state the driveway is working to their satisfaction.

Public Comments:

Larry Culbertson, San Clemente Historical Society (SCHS) and resident spoke in support of the program; stated that this historical structure was supported by the SCHS in that it is one of the only few Ole Hanson era homes that is open to the public. Mr. Culbertson made a request to approve the permit per the staff’s recommendations.

Cathy Domenichini, neighboring business owner, opened over 15 years ago; stated that La Casa Verde are excellent neighbors and have maintained their property; indoor and outdoor displays were never an eyesore; sad to see the orange trees cut down; they have a great following; many repeat customers; was not able to assist with parking, however they can unload in their parking area; and asked to grant the parking waivers and the outdoor display.

Amanda Quintanilla, resident, referred to the Zoning Administrator (ZA) staff report of September 4, 2025 where she spoke in support and requested the minutes reflect that no speakers opposed the outdoor display at the zoning administrator hearing on the same project; noted plants need to be maintained; agreed that removing the orange trees was a disappointment; and asked the Commission to grant the parking waivers.

The Commissions asked staff to clarify reasons for this hearing item. Acting City Planner Rehm confirmed that there was no known opposition to the outdoor 171
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 4 display or parking waivers for this property, but there were two similar projects requesting outdoor display and parking waivers at historic buildings in the ZA meeting, and therefore both projects were referred to the Cultural Heritage Subcommittee before the Planning Commission’s decision. The situation began with a complaint to Code Compliance.

Chair Cosgrove read Condition 1.9 that directs the applicant to provide a landscape plan inclusive of planting a new tree. Chair Cosgrove asked staff to explain the condition. Acting City Planner Rehm stated per the zoning code, properties need to have one tree per 25 feet of street frontage. The property is 40 feet wide, so technically there should be two trees; however, staff recommends planting at least one tree. Staff stated a willingness to accept planters on the corner in lieu of a tree subject to the commission’s feedback.

Ms. Walstrom answered Chair Cosgrove’s question regarding Condition 1.9 that they cut the three existing orange trees because they were an unsafe obstruction for the parking spaces and they planted succulents. Ms. Walstrom stated that they were not aware of the requirement to provide a landscape plan and plant trees. Walstrom preferred to not add another tree as they maintain the large tree in the back. Staff suggested a new tree would replace where the orange trees were located.

Chair Cosgrove Closed the public hearing and thanked the applicant.

Commissioners individually made the following Comments:
 Supports striking Condition 1.9 regarding the required tree  Does not see a need for maintaining two parking spaces in the driveway for safety reasons
 Outdoor display within reason is an appropriate use for the space  Suggested removal of umbrellas as they block the view of the historical structure
 Suggested curbing the driveway to allow parking along the front  Permitting outdoor display will set a precedent for residential turned to business use for future uses
 Avenida Granada is part of the Del Mar parking problem  Expressed caution with the other projects on a future agenda making the same request
 Outdoor display changes the feel to that of a swap meet  Other businesses will look for the same benefit along El Camino Real and other streets
 Supported the improvement to have the driveway open to use as a loading zone
 Expressed support if the items for sale outside weren’t left overnight and were placed inside at night
 Differences between private property and the public right-of-way  Planning Commission has discretion
172
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 5  Suggestion to leave the driveway open for deliveries and pickups, but allowing some flexibility on the edges
 The Applicant has a long history of running a good, clean and beautiful operation
 There is a surplus of parking on Avenida Granada and there doesn’t appear to be a big concern for parking
 The hours of operation for La Casa Verde de Granada are 10:00 a.m. to 6:00 p.m., the time restaurants begin dinner service and entertainment During Commissioner deliberation and question, staff advised that if no parking were required to be maintained and outdoor display was allowed in the driveway area, the Commission should consider granting five waivers to account for the outdoor display area; closing the curb cut, and repairing the sidewalk for public safety.

A compromise to maintain one parking space was suggested and supported.

CHAIR PRO TEM MCKHANN MADE A MOTION, SECOND BY COMMISSIONER GRIFFIN, MOTION PASSED 5-0, COMMISSIONER PRESCOTT-LOEFFLER AND VICE CHAIR CAMP ABSENT, TO APPROVE PUBLIC HEARING PROJECT 24-139 AND MINOR CONDITIONAL USE PERMIT 24-140, LA CASA VERDE OUTDOOR DISPLAY, 130 AVENIDA GRANDAD, SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATOINS:
 CHANGE CONDITION 1.8 TO REQUIRE ONE SURFACE PARKING SPACE MUST BE MAINTAINED AT ALL TIMES TO PROVIDE LOADING AND UNLOADING;  REMOVE CONDITION 1.9 REGARDING PLANTING OF NEW TREES;  AUTHORIZE THREE (3) PARKING WAIVERS SUBJECT TO THE WRITTEN FINDINGS; AND
 INCREASE ALLOWABLE AREA FOR DISPLAY BY 36 SQUARE FEET FOR A MAXIMUM USE OF 800 SQUARE FEET ON THE PROPERTY
A. 2026 Batch Zoning Amendments – Part Two
A public hearing of the Planning Commission to consider amendments to the City of San Clemente Municipal Code Title 17 to clean up and clarify sections of the Zoning Code as part of the City’s ongoing batch zoning amendment updates.

The proposed amendments clarify accessory structure setback requirements, allow vertical landscaping in commercial zones, reconcile an unintended zoning change of NC2 to NC1.2 zones on certain properties, add standards for stepbacks between retaining walls and other walls/fences, add an objective design standard for planting area in front of certain retaining walls, update sign regulations, add a definition for “vertical landscaping”, and modify the definition for “wind-driven sign.”
Staff recommends that the zoning amendments not be considered a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions relate to the ongoing administrative or 173
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 6 discretionary activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).

Lead Project Planner Carrillo provided a summary of the presentation titled, “8B – Zoning Cleanup Amendments, April 3, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report included the background for context and a timeline; The goal to discuss the amendments and for the Commission to adopt Resolution PC-010, recommending the City Council adopt Zoning Amendment 26-062 – Zoning Cleanup Amendments; reviewed the proposed amendments: Accessory Structures, Commercial Use Table, Walls, Sign Ordinance, Definitions and Landscaping; summary of the Commission’s feedback and staff’s responses; and to introduce for feedback supplemental information to the landscape amendment in the form of two informational handouts; a plant list; and staff’s recommendations.

Staff confirmed that the amendments are to improve the development review process and to clarify and/or update the code, and were initiated by City Council in May 2025. Staff pointed out a minor typographical error on page 54 regarding accessory structures, and that the roof element topic will be discussed in a Study Session at 5:00 p.m. before the next public meeting on April 22, 2026. Staff is also seeking feedback on the brochure and flowchart, not approval.

Chair Cosgrove referenced each of the staff recommended amendments to the zoning code. Commissioners asked questions about the required landscaped area in the front yard, and the portion of that area required to be planted with living plant material and California Native species. Acting City Planner Rehm confirmed that the required planting area in front setbacks is not proposed to change, but that the required portion of landscaped area required to be planted with California Native species would increase from 60% to 75%, consistent with California Model Water Efficient Landscape Ordinance (MWELO) requirements.

Commissioners also questioned whether sod grass and whether artificial turf would still be allowed. Acting City Planner Rehm advised that sod grass would still be allowed, but if not native to California, it could be limited to a portion of the landscape area if the project met a threshold for MWELO review. Artificial turf would not count as required landscape area but would be allowed if replacing sod turf or hardscape.

CHAIR COSGROVE MADE A MOTION, SECOND BY CHAIR PRO TEM MCKHANN, MOTION PASSED 5-0, COMMISSIONER PRESCOTT-LOEFFLER AND VICE CHAIR CAMP ABSENT, TO ADOPT RESOLUTION PC 26-010 RECOMMENDING THE CITY COUNCIL APPROVE ZONING AMENDMENT PC 26-062 ZONING CLEANUP AMENDMENTS, AND TO DETERMINE THE AMENDMENTS ARE NOT A PROJECT” AS DEFINED BY STATE CEQA GUIDELINE §15378(b)(2) and §15378(b)(5). 174
Planning Commission Regular Meeting Minutes of April 8, 2026 Page 7 Chair Cosgrove initiated a discussion on two handouts provided for feedback from the Commission.

Planning Intern Miller summarized the landscape guidance materials (a brochure and a process flow chart) prepared for the Commission’s review and feedback. The tri-fold brochure defines xeriscape, its cost-effectiveness, and water usage; examples from San Clemente properties are used; and includes alternatives like artificial turf and drought-tolerant fescue grass. Chair Cosgrove recommended adding a QR code linking to the website for more details.

In reviewing the two-sided, one-page handout is in flowchart form, the Commission raised concerns about the burden and expense of requiring professional plans for landscaping projects exceeding 500 square feet. Acting City Planner Rehm stated that State law passed in 2019 requires a professional plan for brand new landscaping over 500 square feet and re-landscaping or rehabilitation over 2,500 square feet. Most residential properties propose rehabilitation on portions of the property that are under 2,500 square feet and do not require a permit; however, 50% plant materials is always required in the front yard. The higher landscape review fees apply to a brand new house, driveway and garage, which is a small percentage of homes. Staff stated the main concern is water usage when installing new landscaping. The Commission suggested consistency in acronym usage and defining the MWELO acronym.

9. NEW BUSINESS
None.

10. OLD BUSINESS
None.

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

B. Tentative Future Agenda
Written report provided. Staff highlighted a Study Session at 5:00 p.m. on April 22, 2026 before the next public meeting and briefed on the meeting agenda.

Chair Cosgrove and Commissioner Griffin announced their anticipated absence on Wednesday, May 6, 2026.

The Design Review Subcommittee meeting on Wednesday, April 15, 2026 will most likely be cancelled due to lack of business.
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Planning Commission Regular Meeting Minutes of April 8, 2026 Page 8 C. Administrative Permit Report
Written report provided.

D. Staff Reports
None.

12. ADJOURNMENT
The Planning Commission adjourned to the Special Study Session of the Planning Commission scheduled for Wednesday, April 22, 2026 at 5:00 p.m., followed by the Regular Meeting of the Planning Commission at 6:00 p.m., and 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
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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: May 5, 2026 Agenda Item: 9A.

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 REVIEW OF A REPORT INDICATING ELIGIBILITY FOR SUBMISSION OF ARGUMENTS ..body AND REBUTTALS
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. In accordance with Elections Code Section 9215, the City Council is required to submit the measure, without alteration, to the voters or order a report regarding the Initiative.

On April 21, 2026, the City Council ordered a report to review who would be eligible to submit arguments in favor of and opposition to the Initiative and information about potential rebuttals to any argument filed. Staff has reviewed the relevant statutory and case law which has been included in this report. Additionally, on April 21, 2026, staff provided a review of the impacts of the Initiative, if passed, on the community and the City. Because these issues were addressed in the previous report, they have not been repeated in this report. However, the previous report is available upon request from the office of the City Clerk.

Discussion:

In general, there are two methods to place an item on the ballot for consideration by local voters. An item can be placed on the ballot by the City Council, or as in this case, a petition can be circulated by a proponent and if the petition is signed by more than 10% of the registered voters in the City, the Initiative is placed on the ballot for consideration by the registered voters in San Clemente.

The City of San Clemente relies on the Orange County Registrar of Voters to validate the signatures on the petition. Unless, the City Council determines the validation is in question or potentially inaccurate, the first action necessary is to accept the certification of the petition by the City Clerk and the Orange County Registrar of Voters. Pursuant to Elections Code Sections 9215(b), and 1405(a), this action can be accomplished by City Council adoption of 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.
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CITY OF SAN CLEMENTE 2
There are other non-discretionary items associated with the ballot measure that require clarification.

In relation to eligibility for submitting arguments in favor and opposition to the ballot measure, the Elections Code Sections 9282 (a) and (b) read as follows:
 (a) “For measures placed on the ballot by petition (emphasis added), the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.”  (b) “For measures placed on the ballot by the legislative body (emphasis added), the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.”
From the apparent plain language in the statute quoted above, there appears to be a clear distinction between a measure by petition and a measure placed on the ballot by the legislative body. However, in Eblovi v. Blair (2016) 6 Cal.App.5th 310, the California Court of Appeals for the First District clarified that the language is permissive in nature and does not preclude the submission of ballot arguments in favor or against a measure by unnamed people or entities. Therefore, current case law, and the provisions of transparency and fair play, allow for ballot arguments associated with the initiative to be submitted.

If multiple arguments are submitted, the provisions identified in Elections Code Section 9287 would be used to determine which argument would be placed on the ballot. Elections Code Section 9287 reads as follows:
(a) If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the city elections official shall give preference and priority, in the order named, to the arguments of the following:
(1) The legislative body, or member or members of the legislative body authorized by that body.
(2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
(3) Bona fide associations of citizens.
(4) Individual voters who are eligible to vote on the measure. (b) In order to enable the city elections official to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a city measure shall submit with its argument a copy of one of the following:
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CITY OF SAN CLEMENTE 3
(1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents.
(2) Letterhead containing the name of the organization and its principal officers. (3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code.
(c) In selecting an argument from among bona fide associations of citizens, the city elections official shall not consider the type of documentation submitted pursuant to subdivision (b) or the form of the association.

Discretionary Actions
The Elections Code provides some discretion for members of the City Council. In this instance, the discretionary items have been included in proposed form in Resolutions 26-66 and 26-67.  Adoption of Resolution 26-66 would consolidate the election and authorize Orange County to administer the election. If the City Council does not choose to consolidate the election, all costs and election activities will be the responsibility of the City.  Pursuant to Elections Code Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis. The proposed Resolution 26-66 directs 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 indicate the measure is being placed on the ballot as a result of a petition signed by the requisite number of voters (10%) and may not exceed 500 words in length.
 Adoption of Resolution 26-67 addresses the discretionary elements of ballot arguments and rebuttals.
o The City Council may choose to submit an argument against the ballot measure. The Resolution provides options for the City Council as a body, a subcommittee of the City Council or any member of the City Council, as determined by a majority vote, to submit the argument. Alternatively, that section can be deleted, if a majority of the City Council does not want to submit an argument.
o Pursuant to Elections Code Section 9285(a), if an argument in favor and/or in opposition to the ballot measure is submitted, the City Council must decide whether rebuttals will be accepted for inclusion on the ballot. As written, Resolution 26-67 would allow for a rebuttal to be submitted for both an argument in favor or in opposition to the ballot measure that is limited to 250 words or less.

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). 179
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CITY OF SAN CLEMENTE 4
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
Council Options:
 Adopt Resolution No. 26-65, but choose not to adopt the discretionary actions included in Resolutions 26-66 and 26-67.
 Revise the ballot question and the provisions of any discretionary action and adopt Resolution Nos. 26-65, 26-66 and 26-67.

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.

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”;
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CITY OF SAN CLEMENTE 5

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. Edit as desired and adopt Resolution No. 26-67 entitled 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. Potential edits that the City Council should consider are:

A. Fill in, edit or delete in its entirety Section 2 regarding submission of a City Council argument against the measure; and/or
B. Decide whether to allow rebuttal arguments and either leave in or delete Section 3 accordingly.
..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 on 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

10.Eblovi v. Blair (2016) 6 Cal.App.5th 310
Notification:

Cameron Cosgrove, Citizens Initiative Proponent
181
Meeting Date: May 5, 2026 Agenda Item: 9A.

CITY OF SAN CLEMENTE 6
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. 182
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 as to Verification of Signatures on Petition dated March 23, 2026 (“Certificate”); and Attachment 1
183
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
184
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; 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-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 185
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 and fully incorporated herein.

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 186
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 5th day of May 2026.

ATTEST:
___________________________ __________________________
City Clerk, Elections Official of the Rick Loeffler, Mayor of the City of City of San Clemente, California San Clemente, California 187
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 5th day of May, 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 _________________, ________. _________________________________
CITY CLERK, Elections Official of the City
of San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
188
Resolution No. 26-66 Page 5

EXHIBIT A
Text of Measure on Following Pages
189
Exhibit A
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 190
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 191
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. 192

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. 193
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.
194

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
195
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.
196

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.
197

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. 198

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 199
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. 200
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 202
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 203
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. 204
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. 205
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
WHEREAS, Elections Code section 9285 allows for the filing of rebuttal arguments.

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 206
Resolution No. 26-67 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 AGAINST the measure 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
208

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
211
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.
212
Attachment 6
213
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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215
216
217
Attachment 8
218
Attachment 9
219
1 Filed 12/1/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE
DAVID C. EBLOVI,
Plaintiff and Appellant,
v.

JESSICA BLAIR, as City Clerk, etc.,
Defendant and Respondent;

ALLAN ALIFANO,
Real Party in Interest and Respondent.

A148275
(San Mateo County
Super. Ct. No. CIV538012)
By this appeal, David C. Eblovi seeks interpretation of Elections Code1section 9282, subdivision (a), which reads, “For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.” He contends this provision prohibits anyone other than “the persons filing an initiative petition” from submitting arguments in favor of a municipal initiative measure and prohibits anyone other than “the legislative body” from submitting arguments in opposition to an initiative measure. The trial court rejected Eblovi’s restrictive reading of section 9282, subdivision (a) and concluded that the statute should be interpreted as permissive, expressly authorizing participation by the identified parties but not restricting participation by other unnamed people or entities. In so doing, the court denied Eblovi’s petition seeking to compel removal from the ballot pamphlet of an argument submitted by real party in interest against a measure authored by Eblovi and placed on the local 1 All statutory references are to the Elections Code.

Attachment 10
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2 ballot by petition.2 We agree with the trial court’s interpretation and therefore shall affirm the judgment.

Background
Eblovi was a proponent of a citizen-sponsored initiative appearing on the City of Half Moon Bay June 7, 2016 ballot as Measure F. On April 1, 2016, Eblovi filed a petition for writ of mandate seeking an order directing Jessica Blair, as interim Clerk of the City of Half Moon Bay, “to strike Real Parties’ ‘Primary Argument Against Measure F’ and ‘Rebuttal to Argument in Favor of Measure F.’ ” The petition alleged that because Measure F was placed on the June 7, 2016 ballot by petition, under section 9282, subdivision (a), only the city council had authority to submit an argument against the ballot measure. He argued that the ballot arguments submitted by real parties, described in the petition as “an ad-hoc group of five electors,” should be stricken on the ground that their inclusion would violate section 9282, subdivision (a).

Following a hearing on April 14, 2016, the court denied Eblovi’s petition. With respect to the proper interpretation of section 9282, the court explained, “My reading of the cases and code would suggest that the law in this area should be interpreted liberally, not restrictively, because we are dealing with . . . constitutionally protected freedom of speech, and certainly a right to a fair election. . . . [¶] [T]he proper reading of 9282(a) . . . is one of permissive participation in the electoral process, not restrictive participation, and consequently I would read that section as being permissive, not restrictive, allowing a city to participate in an election in this context, if they chose to, not restricting the rights of private citizen to participate in the election.”
Eblovi filed a timely notice of appeal.
2 Eblovi’s petition for writ of mandate also alleged that statements made in the proposed ballot arguments were false and misleading and in the alternative sought to compel the deletion of those statements. These claims were rejected by the trial court and are not at issue on appeal.
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3 Discussion
Initially, we note that although a writ of mandate would now provide no relief for Eblovi because the election has already occurred, “disputes concerning election procedures are properly reviewable by an appellate court even though the particular election in question has already taken place . . . since the issues raised are of general public interest, and are likely to occur in future elections in a manner evasive of timely appellate review.” (Gebert v. Patterson (1986) 186 Cal.App.3d 868, 872.) Eblovi contends, “The plain language literal interpretation and ‘usual and ordinary’ meaning of the words found in section 9282 are not only unambiguous; they lead only to a single possible conclusion about the intent of the legislature.” He argues that there is “no possible legal or logical interpretation” of section 9282, subdivision (a) “that leads anywhere other than the obvious conclusion that the ‘persons filing the petition’ ‘may’ ‘file a written argument,’ and as a consequence no one else ‘may’ do so.” We disagree.

In Ferrara v. Belanger (1976) 18 Cal.3d 253 (Ferrara), the California Supreme Court rejected a similarly restrictive interpretation of the predecessor statute to section 9282. In Ferrara, the court interpreted “various provisions of the Elections Code pertaining to the filing of ‘pro’ and ‘con’ ballot arguments in municipal initiative elections.” (Ferrara, p. 256.) The three provisions of the Elections Code at issue were (as they read in 1976): Section 5012, which provided in relevant part that “ ‘[t]he legislative body, or any member or members of the legislative body authorized by that body, or any individual voter or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any city measure’ ” (Ferrara, p. 261, fn. 4); section 5013 which set a deadline for the filing of ballot arguments for city measures (Ferrara, p. 261, fn. 5); and section 4017 which provided in relevant part that “ ‘[t]he persons filing an initiative petition pursuant to this article may file with the 222
4 petition a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance’ ”
3 (Ferrara, p. 262, fn. 8).

In Ferrara, the city clerk refused to accept arguments submitted in support of an initiative measure because he concluded that the general provisions of sections 5012 and 5013 were superseded by section 4017, which in his interpretation provided a distinct, more restrictive procedure for the filing of ballot arguments as to initiative measures. The clerk construed section 4017 “to preclude anyone other than the proponents of an initiative from ever filing a ballot argument in favor of an initiative measure and also to preclude proponents from filing a ballot argument at any time subsequent to the filing of their initiative petition.” (Ferrara, supra, 18 Cal.3d at p. 256.) The court rejected this interpretation and concluded that the clerk erred in failing to follow the general procedural guidelines for ballot measures found in section 5012 and 5013.

With respect to the interpretation of section 4017, the court stated, “The flaw in the city clerk’s reasoning rests fundamentally in his misinterpretation of section 4017. As we explain, both the language and legislative history of section 4017 refute the city clerk’s interpretation. [¶] To begin with, the section is written entirely in permissive language, providing simply that ‘persons filing an initiative petition . . . may file with the petition a written argument.’ The section nowhere provides that a failure to file a ballot argument at the very outset of the initiative process necessarily precludes a proponent from thereafter filing a ballot argument. Similarly, the section contains no language prohibiting a nonproponent from filing a ballot argument in favor of the measure.

Accordingly, from the statutory phraseology itself, the section appears simply to 3 Section 4017 then provided in full: “ ‘The persons filing an initiative petition pursuant to this article may file with the petition a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. Neither argument shall exceed 300 words in length, and both arguments shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election. [¶] The following statement shall be printed on the front cover, or if none, on the heading of the first page, of the printed arguments: “Arguments in support or opposition of the proposed laws are the opinions of the authors.” ’ ” (Ferrara, supra, 18 Cal.3d at p. 262, fn. 8.) 223
5 constitute an authorizing provision, establishing the right of an initiative proponent to file a ballot argument in its favor. [¶] The legislative history of the provision confirms this reading. Section 4017 derives directly from the original initiative legislation of 1911 (Stats. 1911, Ex. Sess., ch. 33, § 1, p. 133), legislation enacted as part of the broad Progressive reform movement which introduced direct legislation into California law. [Citation.] The 1911 legislation, of course, was not intended narrowly to circumscribe the initiative power by creating rigid procedural obstacles to its complete implementation, but rather was designed to establish a system under which the initiative process might have its fullest play. In this vein, the 1911 legislation specifically provided that: ‘All the provisions of this statute are to be liberally construed for the purpose of ascertaining and enforcing the will of the electors.’ (Stats. 1911, Ex. Sess., ch. 33, § 1, p. 133.)” (Ferrara, supra, 18 Cal.3d at pp. 262-263.)4
Contrary to Eblovi’s arguments, no amendment to the Elections Code has altered the permissive interpretation assigned to this language in 1976. In 1994, the Elections Code was repealed and reorganized. (Stats. 1994, ch. 920, § 1, p. 4690.) With inconsequential changes, the language of section 5012 was reenacted as section 9282, which provided in relevant part as follows: “The legislative body, or any member or members of the legislative body authorized by that body, or any individual voter who is 4 The court recognized the “serious constitutional questions” avoided by this interpretation. (Ferrara, supra, 18 Cal.3d at p. 264.) The court explained, “First, although the city clerk contends that by virtue of section 4017 the Legislature intended to provide two distinct procedures for the filing of ballot arguments in municipal elections—one applicable to initiative measures and another applicable to other city measures—the city clerk has proffered no rationale whatsoever to justify this disparate treatment of basically similar electoral matters. Because strict procedural restrictions on the filing of ballot arguments could frequently have a ‘real and appreciable impact on the equality, fairness and integrity of the electoral process’ [citation], the differential treatment urged by the city clerk would present very serious, perhaps fatal, equal protection problems. [Citation.] Moreover, because under the city clerk’s interpretation of section 4017 rigid procedural limitations would be imposed upon proponents and supporters of an initiative measure but would not be imposed upon opponents of the measure, such a construction would raise the additional question of whether the state had violated its constitutional duty to maintain impartiality in electoral matters.” (Ferrara, pp. 264-265.) 224
6 eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any city measure.” (Stats. 1994, ch. 920, § 2, p. 4952.) Section 4017 was reenacted as Section 9219, which provided “The persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.”
5 (Stats. 1994, ch. 920, § 2, p. 4945.) The Legislative Counsel’s Digest for the 1994 amendment states quite clearly that the bill was intended “to reorganize and clarify the Elections Code and thereby facilitate its administration” and reflects “the Legislature’s intent that the changes made to the Elections Code . . . have only technical and nonsubstantive effect.” (Legis. Counsel’s Dig., Sen. Bill No. 1547 (1993-1994 Reg. Sess.) Stats. 1994, Summary Dig.)
In 2006, the provisions of the Election Code pertaining to arguments for and against city ballot measures were amended again. (Stats. 2006, ch. 508, §§ 2-3, 4, p. 3707.) The Legislative Counsel’s Digest explains, “Existing law authorizes persons filing an initiative petition in a municipal election to file a written argument in favor of the ordinance and provides that the legislative body may submit an argument against the ordinance pursuant to specified procedures. Existing law also provides that the persons filing the initiative petition may prepare and submit a rebuttal argument not exceeding 250 words and that the legislative body may prepare and submit a rebuttal to the argument in favor of the ordinance not exceeding 250 words pursuant to specified procedures. [¶] This bill would delete these provisions and recast them to provide that persons filing the initiative petition may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance not exceeding 300 words and that, for measures placed on the ballot by the legislative body, the 5 Section 9220, also enacted in 1994, provided: “If the legislative body submits an argument against the ordinance, it shall immediately send copies of the argument to the persons filing the initiative petition. The persons filing the initiative petition may prepare and submit a rebuttal argument not exceeding 250 words. The legislative body may prepare and submit a rebuttal to the argument in favor of the ordinance not exceeding 250 words.” (Stats. 1994, ch. 920, § 2, p. 4945.)
225
7 legislative body may file a written argument for or against any city measure.” (Legis.

Counsel’s Dig., Assem. Bill No. 3062 (2005-2006 Reg. Sess.) Stats. 2006, Summary Dig.) According to the Senate committee report, the amendment merely “combines each set of two code sections into one section to reduce the potential for confusion and streamline the code.” (Sen. Com. on Elections, Reapportionment and Constitutional Amendments, Analysis of Assem. Bill No. 3062 (2005-2006 Reg. Sess.) June 21, 2006; see also Assem. Com. of Appropriations, Analysis of Assem. Bill No. 3062 (2005-2006 Reg. Sess.) May 3, 2006 [describing the bill as containing “multiple minor and technical changes to the Elections Code.”].)
As noted, in 2006 former sections 9219 and 9220 were repealed (Stats. 2006, ch. 508, §§ 2-3, p. 3707) and section 9282 was amended to read, “(a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. [¶] (b) For measures placed on the ballot by the legislative body, the legislative body, or any member or members of the legislative body authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any city measure.” (Stats. 2006, ch. 508, § 4, p. 3707.) The legislative history contains no suggestion that any amendment was intended to modify the permissive meaning of these provisions or to restrict the right of others to file arguments supporting or opposing a ballot measure.

Given the long standing interpretation of the permissive meaning of “may” in this context, we must conclude the Legislature intended to retain the interpretation of these provisions as permissive and not restrictive. As noted in Ferrara, this interpretation avoids serious constitutional issues that would arise with any other interpretation.

Disposition
The judgment is affirmed.
226
8 _________________________
Pollak, Acting P.J.

We concur:
_________________________
Siggins, J.
_________________________
Jenkins, J.

A148275
227
9 Trial court: San Mateo County Superior Court
Trial judge: Honorable George Miram
Counsel for plaintiff and appellant: David C. Eblovi, in Propria Persona Counsel defendant and respondent: ATCHISON, BARISON, CONDOTTI & KOVACEVICH. Anthony P. Condotti and Reed W.

Gallogly
Counsel for real party in interest and
respondent:

THE SUTTON LAW FIRM, PC, Bradley, W.

Hertz, James R. Sutton, and Jonathan S. Mintzer
A148275
228
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: May 5, 2026 Agenda Item: 9B.

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

CONSIDERATION OF INTRODUCING AN ORDINANCE RELATED TO MAYOR TERM LIMITS AND ..body ADOPTING RELATED POLICY REVISIONS
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. See Ordinance No. 1691 (Attachment 3).

In conjunction with the General Municipal Election in November 2024, the transition to electing Councilmembers by geographic districts (3 and 4) was initiated. In November 2026, Councilmembers will be elected from Districts 1 and 2 as well as the election of a Mayor selected at-large and the transition to the by-district elections will be complete.

Discussion:

Mayor Term Limits
Following discussions and deliberations on the transition from at-large to by-district elections, the City Council adopted Ordinance No. 1762 (Attachment 4) 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, without the ability to run for Mayor again after completing three full terms. As indicated at the April 21, 2026 City Council meeting, pursuant to Government Code section 36502(b), 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.

At the City Council meeting held on April 21, 2026, staff was directed to explore various options associated with term limits for the Mayor. As discussed by the City Council, the Mayor is included as a member of the City Council with some additional responsibilities as indicated in State statute. The Mayor has no legislative authority or administrative functions in addition to those extended to members of the City Council, but is the Chair of the City Council meetings, the Ceremonial Leader of the City, can vote to break a tie, and selects members to serve on boards and commissions with the advice and consent of the City Council. In order to align the role of the Mayor as closely as possible with that of City Councilmembers, term limits could reflect the term limits previously approved by voters for members of the City Council. If adopted by the City 229
Meeting Date: May 5, 2026 Agenda Item: 9B.

CITY OF SAN CLEMENTE 2
Council, Ordinance No. 1809 would amend Section 2.04.100 of the Municipal Code to indicate that the Mayor, like other Councilmembers, shall serve no more than a total of eight consecutive years, before taking two years off.

Alternatively, 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.

Role of Mayor
To some extent, the role of the Mayor will be modified after the November 2026 election. Most obviously, the Mayor will be directly elected by the voters rather than selected by members of the City Council. The current role of the Mayor is reflected in Policy 1201-11 (City Council Meeting and Operating Procedures) which must be modified to reflect the roles of the elected Mayor and the selection of Mayor Pro Tem.

A proposed update to Policy 1201-11 is provided as attachment 2 to the Administrative Report, dated May 5, 2026, with the proposed changes highlighted for City Council consideration. The proposed changes define the role of the Mayor, including the Mayor being the primary spokesperson and official representative of the City Council, presides at all City Council meetings, executes official City documents and issues commendations. The proposed policy also states that the Mayor does not possess formal powers or authority in excess of other members of the City Council and that the Mayor is not a member of City staff and therefore should not provide independent direction to Staff or maintain a regular office at City Hall.

Appointment of Mayor Pro Tempore
At the first Regular meeting in December, the City Council appoints from its members a Mayor Pro Tempore. The Mayor Pro Tempore assumes office immediately. Because the Mayor will now be elected at large, it is proposed to have the Mayor Pro Tempore selected on a rotational basis giving each member of the City Council to serve as the Mayor Pro Tempore for at least one year in each four year term. It is proposed the City Council begin the Mayor Pro Tempore rotation beginning in 2026 and every year thereafter. The sequence for appointment of Mayor Pro Tem would be as follows:
 December 2026 – District 3
 December 2027 – District 4
 December 2028 – District 1
 December 2029 – District 2
o Continuous sequence with each Mayor Pro Tempore serving for the period of one year.

Considerations Identified by Staff:

Mayoral and City Council term limits ensure periodic leadership change, bringing in new ideas while strengthening accountability through more frequent voter choice. They also expand opportunities for new candidates, encouraging wider civic participation. 230
Meeting Date: May 5, 2026 Agenda Item: 9B.

CITY OF SAN CLEMENTE 3
Council Options:
 Introduce and conduct a first reading of Ordinance No. 1809.  Revise, introduce and conduct a first reading of Ordinance No. 1809.  Adopt Revised Policy 1201-11.
 Revise and adopt Policy 1201-11.
 Direct Staff to return with additional information or resolutions to place mayoral term limits on the ballot
 Take no action
Environmental Review/Analysis:

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

Fiscal Impact:

Adoption of the revised policy addressing the role of the Mayor and selection of Mayor Pro Tempore and adoption of the ordinance to apply City Council term limits to the elected Mayor would have no fiscal impact.

Recommended Action(s):
..recommendation

1. Discuss and potentially introduce and conduct a first reading of Ordinance No. 1809 entitled

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.10 RELATED TO MAYOR TERM LIMITS AND REPEALING ORDINANCE NO. 1782 IN PART.

2. Adopt Revised Policy 1201-11 (City Council Meeting and Operating Procedures). ..end
Attachments:

1. Ordinance No. 1809

2. Policy 1201-11

3. Ordinance No. 1691 - Text of Measure BB (City Council Term Limits – November 2020)

4. Ordinance No. 1782
Notification:

None.
231
Attachment 1
ORDINANCE NO. 1809

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,

AMENDING SAN CLEMENTE MUNICIPAL
CODE SECTION 2.04.100 RELATED TO

MAYOR TERM LIMITS AND REPEALING
ORDINANCE NO. 1782 IN PART
WHEREAS, in November 2020, Measure BB (Ordinance No. 1691) was placed on the ballot and approved by the voters thereby establishing City Council term limits of two consecutive four-year terms, for a total of eight years, with the ability to again serve as a member of the City Council after being off the City Council for at least two years; WHEREAS, the City of San Clemente transitioned to by-district elections in November 2024 through the adoption of Ordinance No. 1782; and WHEREAS, in November 2024, the electorate of San Clemente elected Council Members in District 3 and District 4;
WHEREAS, in November 2026, the electorate of San Clemente will elect Council Members in District 1, District 2 and vote for a Mayor at-large; WHEREAS, the Mayor is a City Council Member; and
WHEREAS, in November 2026, with the election of a Mayor at-large, the Mayor will serve a two-year term; and
WHEREAS, in November 2026, with the election of a Mayor at-large, the City Council desires to clarify that the Mayor term limits shall be consistent with term limits established by the voters for all members of the City Council.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

SECTION 1: Section 2.04.100 of the Municipal Code of the City of San Clemente shall be modified to read as follows (strike throughs are deletions and underlines are additions):

A. Pursuant to California Government Code sections 34886 and 34871(c), commencing with the November 2024 general municipal election, the members of the San Clemente City Council shall be elected by-districts in four (4) single-member districts with an elective at-large Mayor.

B. Each Councilmember in Districts 1, 2, 3 and 4 shall serve a term of four years subject to the term limit set forth in section 2.04.090. 232
Ordinance No. 1809 Page 2
C. 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. As a member of the City Council, the Mayor shall also be subject to the term limit set forth in section 2.04.090, which is to be read as consistently as possible given the elected Mayor’s two-year term. For example, even as Mayor, no person shall be eligible to serve in the office of a City Council Member for more than eight consecutive years. Partial Mayoral terms (less than two years), shall not count toward the limit. After eight consecutive years in service, as with other members of the City Council, the Mayor shall not again be eligible for election or appointment as a member of the City Council unless and until not less than two years has or will have elapsed between the most recent date of such person's prior service as a member of the City Council and the effective date of such person's most recent election or appointment to such office.

SECTION 2: Ordinance No. 1782 is hereby repealed in part only to the extent that it is inconsistent with the provisions of this ordinance and shall otherwise remain in full force and effect.

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: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, 2026.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
233
Ordinance No. 1809 Page 3

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. 1809 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
234