RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING 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 CALIFONRIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15378 WHEREAS, the provision of affordable housing is a contribution to an unmet housing need, making progress towards the City housing goals in the City’s Housing Element, adopted by the City on September 20, 2022 and certified by the State Department of Housing and Community Development on October 12, 2022; and WHEREAS, the City delegates the authority to engage in negotiations with property owners to enter into affordable housing agreements for the establishment an operation of qualified affordable residential housing that fulfill goals of City’s Housing Element and requirements of State law; and WHEREAS, the San Clemente Petroleum Inc., owner of property at 1430 S. El Camino Real (Assessor’s Parcel numbers 692-171-18 and 692-171-19) [“Property”], desires to develop a residential mixed-use building, including 10 apartment units (with one apartment unit being affordable at the low-income level, to be restricted for rent to individuals qualifying as low income, at 51-80% area median income [AMI] level) within a building totaling about 17,00 square feet of retail/office space with 23 corresponding parking stalls, within the Housing Overlay District in the City of San Clemente; and WHEREAS, affordable housing projects are a permitted use in the Housing Overlay if the requirements of San Clemente Municipal Code Section 17.56.090 are met; WHEREAS, San Clemente Municipal Code (“SCMC”) Section 17.56.090.F requires every qualified affordable housing project within the Housing Overlay to have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be developed prior to issuance of building permits to ensure that the requirements of SCMC Chapter 17.56 are satisfied, which agreement shall be binding on all future owners; and WHEREAS, the purpose of the agreement is to satisfy the requirements of SCMC Section 17.56.090.F and to regulated and restrict the occupancy, rents, operation, and management of the affordable housing unit; and WHEREAS, California Government Code section 65915.3 allows the city to charge a monitoring fee unless all the statutory conditions are met, including under Government Code section 65915 (b)(1)(G); and WHEREAS, the project does not meet the statutory requirements that would preclude the City from charging a monitoring fee and the monitoring fee included in the affordable housing agreement does not exceed the expected cost to the City of the monitoring services over the affordability period; and WHEREAS, the affordable housing agreement is beneficial to the City and the public, in that the agreement provides for the rental of a qualified affordable residential rental housing development to a qualifying household; and WHEREAS, on May 5, 2026, the City Council reviewed and considered testimony of City staff, the applicant and property owner, and other interested parties.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve 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 if fully set forth in this resolution.
SECTION 2. CEQA Findings.
The project qualifies under the commonsense exemption as the Affordable Housing Agreement is not considered a “project” as defined by the State CEQA Guidelines Section 15378, because the action will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).
SECTION 3. The affordable housing agreement with San Clemente Petroleum Inc. is hereby approved.
SECTION 4. The City Manager, or the City Manager’s designee, is hereby authorized and directed to execute the affordable housing agreement with San Clemente Petroleum Inc. in a form substantially similar to that presented to the City Council on May 5, 2026.
SECTION 5. Certification.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNALO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ 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 of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. Page 2
Attachment 1